CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Waive the first reading and pass the ordinance amending Section 3-3-11:3 of the Naperville Municipal Code to eliminate the cap on Outdoor Seating permits (requires six positive votes)
[ORIGIAL AGENDA ITEM PUBLISHED ON MAY 11, 2022, AMENDED & REPUBLISHED ON MAY 13, 2022]
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DEPARTMENT: Legal Department
SUBMITTED BY: Michael DiSanto, City Attorney
BOARD/COMMISSION REVIEW:
On May 5, 2022, the Naperville Liquor Commission voted unanimously to recommend to City Council that the Outdoor Seating Permit cap be increased to accommodate the Lantern.
BACKGROUND:
Outdoor Seating Permit
The City of Naperville requires liquor licensed establishments to obtain a permit to engage in the sale and service of alcohol outdoors. Permit holders must complete an application and an inspection of the property is performed by City staff including, but not limited to, the review of site plans, usage of heaters and/or amplification of music, and security cameras. For all licensed premises, certificates of insurance naming the City of Naperville as an additional insured and a signed indemnification statement is required.
The following regulations are in place for licensed premises in the Downtown using the public way:
1. the public way must be always kept free from refuse and no food preparation is permitted;
2. all public improvements on the public way must be maintained in the existing condition as the time the permit was issued;
3. the permit holder shall be responsible to the City for any damage to any public improvements where such damage arises due to the operation of the outdoor seating area;
4. use of the Outdoor Seating permit must be conducted in a way that does not interfere with pedestrian use;
5. all items placed on the public way for the operation of an outdoor seating area must be located so that a clear path of at least six contiguous feet and, when possible, eight contiguous feet, shall be provided for passage of p...
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