rules and regulations for sidewalk cafés

rules and regulations for sidewalk cafés
CITY OF CHICAGO | DEPARTMENT OF BUSINESS AFFAIRS & CONSUMER PROTECTION | SMALL BUSINESS CENTER | PUBLIC WAY USE UNIT
RULES AND REGULATIONS FOR SIDEWALK CAFÉS
As promulgated by the Commissioner of Business Affairs & Consumer Protection pursuant to the
provisions of Chapter 10-28 and Section 10-28-860 of the Municipal Code of the City of Chicago
I.
Application
Applications received incomplete or containing inconsistent information shall result in delayed processing
of your application.
a. Public Way Use Unit
All applications and required documents shall be forwarded to:
City of Chicago
Department of Business Affairs and Consumer Protection
Small Business Center - Public Way Use Unit, City Hall, Room 800
121 North LaSalle Street, Chicago, Illinois 60602
b. Alderman’s Approval
Application shall have prior approval of the Alderman of the Ward within which the Sidewalk Café will
be located.
c.
Plan
Plan shall be submitted on 8 1/2" X 11" paper. Plan need not be to scale, but shall show exact length
and width dimensions of entire Sidewalk Café relative to the associated business, building, curb line,
and existing encumbrances on the public way. Public way encumbrances include, but are not limited
to, parking meters, fire hydrants, bike racks, light poles, and trees. Plan shall include all landscaping
and design requirements and additional written narrative may accompany Plan. Also, include the
business name and address as indicated on your business license.
d. Photographs
Pictures shall be clear. They shall depict the proposed site where the Café is to be located and the
relationship of the proposed Sidewalk Café to the surrounding public way.
II.
Permit
A Sidewalk Café Permit is valid from the date of issuance up to and including December 1st.
a. Account Holds
All holds on your business account shall be resolved prior to the issuance of your Sidewalk Café
Permit.
b. Pending Passage
The issuance of a Sidewalk Café Permit is a privilege granted by the City Council.
As a courtesy to Sidewalk Café operators, the Commissioner of Business Affairs and Consumer
Protection may issue the Sidewalk Café Permit upon introduction and pending passage of the
ordinance by City Council. However, the Commissioner shall rescind said Permit if the respective
Sidewalk Café ordinance is not passed by City Council. Permits shall be issued after the receipt of
the applicable permit fee and insurance certificate.
c.
Insurance
After ordinance introduction, applicant shall furnish an insurance certificate and policy endorsement
page showing that the City of Chicago has been added to the applicant’s insurance policy as an
additional insured pursuant to 10-28-815:
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CITY OF CHICAGO | DEPARTMENT OF BUSINESS AFFAIRS & CONSUMER PROTECTION | SMALL BUSINESS CENTER | PUBLIC WAY USE UNIT
10-28-815
Insurance required.
Each applicant for a sidewalk café permit shall furnish a certificate of insurance
evidencing commercial general liability insurance with limits of not less than
$500,000.00 per occurrence, $1,000,000.00 in the aggregate combined single
limit, for bodily injury, personal injury and property damage liability. The
insurance shall provide for 30 days prior written notice to be given to the City of
Chicago if coverage is substantially changed, canceled or non-renewed.
The City of Chicago shall be named as an additional insured on a primary noncontributory basis for any liability arising directly or indirectly from the operations
of a sidewalk café; and the permittee shall indemnify, defend and hold the city
harmless from any loss that results directly or indirectly from the permit issuance.
In addition, if alcoholic beverages will be served at the sidewalk café, the
applicant shall provide proof of liquor liability (dramshop) insurance for the
sidewalk café as required in Section 4-60-040(c)(2) of this code; provided,
however, if alcoholic beverages will be served at a sidewalk café operated by an
indoor retail market, the owner or manager of the indoor retail market shall
provide proof that each retail food establishment serving alcoholic beverages at
the sidewalk café has obtained liquor liability (dramshop) insurance for the
sidewalk café as required in Section 4-60-040(c)(2) of this code.
Each sidewalk café permittee shall maintain the insurance coverage required
under this section for the duration of the sidewalk café permit. The certificate(s)
of insurance shall be presented to the commissioner prior to the issuance of a
permit under this article. Failure of the permittee to maintain the insurance
required by this section shall result in the revocation of the sidewalk café permit.
(Added Coun. J. 3-15-00, p. 27687, § 4; Amend Coun. J. 3-9-11, p. 113789, § 1)
Certificates of insurance shall be renewed at least 30 days prior to the expiration of the policy. If the
licensed establishment has an address range on their City of Chicago licenses, the Certificate of
Insurance must match the range on the licenses.
If alcoholic beverages will be served at a sidewalk café operated by an indoor retail market, the owner
or manager of the indoor retail market shall provide proof that each retail food establishment serving
alcoholic beverages at the sidewalk café has obtained liquor liability (dram shop) insurance for the
sidewalk café.
d. Annual Fee
Fees for Sidewalk Café Permits shall be paid upon ordinance introduction and are non-refundable.
Permits are revocable by the Commissioner of Business Affairs and Consumer Protection at any
time.
III.
Operation
a. Permit/Plan Display and Capacity Requirement
The Sidewalk Café Permit and approved plan shall be conspicuously displayed on the exterior wall or
window of the main entrance of the licensed retail food establishment during all hours of operation.
The boundaries of the Sidewalk Café, including the physical boundary separating the permitted
outdoor seating from the remainder of the public way, shall reflect the approved plan and shall not be
modified or altered unless approved by the Commissioner. The arrangement and number of tables
and chairs within the authorized boundaries of the Sidewalk Café shall reflect the approved plan and
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CITY OF CHICAGO | DEPARTMENT OF BUSINESS AFFAIRS & CONSUMER PROTECTION | SMALL BUSINESS CENTER | PUBLIC WAY USE UNIT
shall not be substantially changed, altered, added to or reduced without the approval by the
Commissioner. Tables and chairs shall always be set up and maintained in a manner ready for
access and use by patrons. Seating must be structurally sound and may not be attached, anchored or
suspended to the barriers, the sidewalk or any part of the sidewalk café. In addition, the capacity of
the Sidewalk Café shall not exceed the approved seating capacity number on the Sidewalk Café
Permit. At no time may the Sidewalk Café be used in excess of the approved seating capacity to
allow for standing room patrons.
b. Responsibilities of Sidewalk Café Permittee
A Sidewalk Café permittee is responsible to the community surrounding the Sidewalk Café premises.
It is the affirmative duty of a Sidewalk Café permittee to report promptly to the police department all
illegal activity reported to or observed by the permittee on or adjacent to the permitted Sidewalk Café
premises; to answer fully and truthfully all questions of an identified police officer who inquires or
investigates concerning persons or events on or adjacent to the permitted Sidewalk Café premises; to
cooperate with the police in any such inquiry or investigation, including the giving of oral or written
statements to the police at reasonable times and locations in the course of investigations; and to sign
a complaint against any person whom the licensee observes in any illegal conduct or activity on or
adjacent to the permitted Sidewalk Café premises. For purposes of this rule, “Adjacent” means: (1)
any public way located immediately next to a Sidewalk Café premises; or (2) any private property that
is located immediately next to a Sidewalk Café premises, if such private property is owned, leased or
rented by the permittee or permittee’ s property owner; or (3) any private property separated from a
Sidewalk Café by a public way and located immediately next to such public way, if such property is
owned, leased or rented by the permittee or the permittee’s property owner.
c.
Alcoholic Beverage Service Responsibility
A Sidewalk Café permittee has an affirmative duty to prohibit any patron from leaving the Sidewalk
Café premises with any alcoholic liquor, except in a package properly sealed, bagged and receipted
pursuant to Section 633 of the Liquor Control Act of 1934, added by P.A. 941047, effective January 1,
2007, and codified at 235 I.L.C.S. 5/6-33, as amended.
If alcoholic beverages are served at a sidewalk café operated by an indoor retail market:
i. the retail food establishment selling the alcoholic beverages must be validly licensed under
the code for such sales;
ii. the retail food establishment serving the alcoholic beverage has maintained its liquor liability
(dramshop) insurance when serving the alcoholic beverage; and
iii. the alcoholic beverages must be served in plastic cups which shall clearly identify the retail
food establishment from which each alcoholic beverage was purchased.
Also, BYOB (Bring Your Own Bottle of liquor) is not allowed in a Sidewalk Café.
d. Beautification and Landscaping
The Sidewalk Café applicant should prepare a beautification and landscaping plan for the railing,
barriers, and seating arrangement that is consistent with the City of Chicago’s objective of developing
attractive tree-lined streets, aesthetically-pleasing boulevards, and greener neighborhoods that
contribute to the dynamism and diversity of Chicago.
All planter boxes, plant material, and beautification artifacts within shall be maintained throughout the
entire time the Sidewalk Café is present on the public way. Planter boxes, plant material, and
beautification artifacts shall not extend over the permitted seating area, shall not interfere with the
accessible route provided for people with disabilities, and will not protrude more than 4 inches into
any circulation path at a height 27 – 80 inches above the ground.
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CITY OF CHICAGO | DEPARTMENT OF BUSINESS AFFAIRS & CONSUMER PROTECTION | SMALL BUSINESS CENTER | PUBLIC WAY USE UNIT
Any exceptions to an approved beautification and landscaping plan must be approved by the
Commissioner of Business Affairs and Consumer Protection.
e. Boundary and Clearance
Boundary shall enclose the permitted area from the remainder of the public way, and be maintained
in accordance with the approved plan. The boundary shall be no less than 24 inches or more than 36
inches in height. Boundary shall be durable so that it shall not collapse or fall over due to wind or
incidental contact with patrons or pedestrians. The boundary may have movable sections to aid in
public access to seating as long as the boundary complies with the submitted plan. The boundary
shall be maintained in place during operating hours. No boundary may be stabilized by bolting to the
sidewalk.
Boundary shall be designed to leave at least 6 feet of clear and unobstructed Sidewalk space to allow
for pedestrian passage. Clearance between Sidewalk Café and all public way encumbrances shall
also be at least 6 feet. Sidewalk Cafés located along the curb shall allow a minimum clearance of one
(1) foot from the Sidewalk Café to the edge of the curb.
The Sidewalk Café’s boundary and furniture may be placed on the public way once the Permit is
issued, and shall be removed on the expiration date noted on the Sidewalk Café Permit. Any
Sidewalk Café in operation or continuing to keep the boundaries and/or furniture on the public way
shall be subject to removal and citation.
Non permissible enclosure of City property, within the boundaries of the Sidewalk Café, shall include,
but not limited to, parking meters, fire hydrants, newspaper stands and boxes. These types of items
can be identified as items which must be accessible to the public or to the City for emergency
services.
Sidewalk Cafés Permits shall only be issued to the address stated on the respective applicant’s retail
food license. No portion of the Sidewalk Café may expand to include neighboring businesses,
residences, or empty lots.
Any exceptions to the Boundary and Clearance Requirements must be approved by the
Commissioner of Business Affairs and Consumer Protection.
f.
Parkways
Sidewalk Cafés cannot be located on parkways with existing grass surfaces.
g. Debris
All areas surrounding the Sidewalk Café shall be policed by your staff to ensure the removal of all
wrappings, litter, debris and food. Daily sanitary cleaning is required. Sidewalks shall be kept clean,
and food from the Café shall not be disposed of in city containers.
h. Operating Hours
Sidewalk Cafés shall not operate earlier than 8:00 am and no later than 12:00 am, unless otherwise
specified on your Permit. No activity is allowed within the limits of the Sidewalk Café outside of its
approved operating hours as noted on the respective permit.
i.
Smoking
Pursuant to the “Chicago Indoor Air Ordinance of 2008,” smoking is only allowed within the limits of a
Sidewalk Café as long as it occurs fifteen (15) feet beyond any entrance(s), exit(s), window(s) that
open, and ventilation intake(s) of a public place or place of employment.
No smoking is allowed within the limits of a Sidewalk Café outside of the Sidewalk Café’s approved
operating hours as noted on the respective permit.
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CITY OF CHICAGO | DEPARTMENT OF BUSINESS AFFAIRS & CONSUMER PROTECTION | SMALL BUSINESS CENTER | PUBLIC WAY USE UNIT
j.
Employees
Sidewalk Café employees shall be subject to and comply with all applicable requirements and
standards for a retail food establishment.
k.
Patrons
Patrons shall wear shoes and shirts at all times.
l.
Pets
Dogs and Service Animals / Emotional Support Animals are allowed within a Sidewalk Café that is
accessible from the street. The former Retail Food Establishment-Supplemental License for DogFriendly Areas has been eliminated but the rules that govern this activity are still in effect under the
Municipal Code of the City of Chicago 4-8-031, excerpted below:
 The Sidewalk Café operator may designate a dog-friendly area within the Sidewalk Café;
 Dogs, other than service animals or emotional support animals, shall not be permitted to be in
or travel through any indoor portion of the retail food establishment, or in any area where food
is prepared;
 Permittees shall have the right to refuse to serve the owner of any dog, other than service
animals or emotional support animals, if the owner fails to keep the dog on a leash, or to
exercise reasonable control over the dog, or the dog is otherwise behaving in a manner that
compromises or threatens to compromise the health or safety of any person present;
 Dogs, other than service animals or emotional support animals, must bear a current rabies
vaccination tag or a City of Chicago license;
 In the event any patron's dog bites or attacks a person while on the sidewalk cafe's premises,
the licensee shall immediately notify 311;
 Sidewalk Café employee’s shall not have contact with the dogs. If any employee has contact
with a dog or a surface touched by a dog, the employee shall immediately wash his/her
hands before continuing with any food service work.
m. Deck
No portion of the Sidewalk Café can be elevated in the style of a deck.
n. Scaffolding and Construction Canopies
Sidewalk Cafés cannot operate under scaffolding or construction canopies.
o. Food Service
A Sidewalk Café Permit may only be granted to an establishment with a valid retail food license
where the primary business activity in the Sidewalk Café is the service of prepared food and nonalcoholic beverages. As such, prepared food and non-alcoholic beverages must be offered for sale
and for immediate consumption at all times the Sidewalk Café is operational.
If the applicant is the owner or manager of an indoor retail market, then the owner or manager of the
indoor retail market is not required to obtain a retail food establishment license.
In the event a business applies for a Sidewalk Café Permit, holds a tavern license for their primary
business activity, and also holds a retail food license, the service of prepared food and non-alcoholic
beverages must be available at all times to any customer during the time the Sidewalk Café is open
and occupied. For the purposes of this section, the service of snacks such as pre-packaged foods
(potato chips, pretzels, etc.) shall not be considered “prepared.”
IV.
Compliance
a. Penalties
Any Sidewalk Café permittee who violates these Rules and Regulations or any part thereof adopted
by the department under authority vested in it by Section 10-28-860 of the Municipal Code of the City
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CITY OF CHICAGO | DEPARTMENT OF BUSINESS AFFAIRS & CONSUMER PROTECTION | SMALL BUSINESS CENTER | PUBLIC WAY USE UNIT
of Chicago will be subject to the enforcement and penalties as prescribed in Sections 4-60, 4-4-280,
10-28-855, 10-28-860, 10-28-870, 10-28-875 and 10-28-880 of the Municipal Code of the City of
Chicago and to the penalties as prescribed in the Illinois Liquor Control Act of 1934.
b. Enforcement
Complaints regarding Sidewalk Cafés will be investigated by the Department of Business Affairs and
Consumer Protection and violations of the rules and regulations heretofore promulgated will result in
citations and possible revocation of the Sidewalk Café Permit.
V.
Indoor Retail Market Sidewalk Café
a. Additional Application Requirements
Indoor Retail Markets must list all participating Retail Food Establishments at the time of application.
All listed restaurants must have a current Retail Food Establishment license.
b. Changes to participants in the Retail Market
If there are any changes, with regard to participating restaurants, the Indoor Retail Market must notify
the Public Way Use Unit, of the Department of Business Affairs and Consumer Protection,
immediately.
c.
Insurance
Insurance shall be provided by the Indoor Retail Market, for the sidewalk café, to indemnify the City.
All Indoor Retail Market participants serving liquor must provide dramshop insurance.
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