CITY OF CHICAGO CURBSIDE CAFÉ PROGRAM

Transcription

1 CITY OF CHICAGO CURBSIDE CAFÉ PROGRAM S E A S O - C U R B S I D E C A F É A P P L I C A T I O I F O R M A T I O P A C K A G E This is the City f Chicag Curbside Café Applicatin Infrmatin Package fr the 2016 Curbside Café Seasn Pilt Prgram which begins n May 1st, and ends n September 1st. Curbside Café Permits have a 4 mnth term, and must be applied fr, and issued, every year. Businesses with a valid Retail Fd Establishment License may apply fr a Curbside Cafe Permit t serve fd utside their restaurant in a traffic lane clsest t the curb that is nrmally used fr parking. Applicants intending t serve liqur at a Curbside Cafe must have a valid Liqur License pursuant t Chapter 4-60 f the Municipal Cde f the City f Chicag. The entire Curbside Cafe Permit applicatin prcess may take days. The annual Curbside Cafe Permit fee is $ Curbside Café fees are nn-refundable. In additin t the permit fee, the applicant will pay an amunt equal t any anticipated lst parking meter revenue fr any parking space used fr the peratin f the curbside café. The curbside café is nly permitted n a designated pedestrian street that has a sidewalk with less than 8 feet f width in frnt f the immbile retail fd establishment. curbside café will be issued fr any lcatin within the central business district r where a sidewalk café permit has been issued t the applicant. After yur applicatin is apprved and intrduced t City Cuncil, yur invice will be mailed. Please d nt include any payment with yur applicatin submissin. Cmpleted applicatins may be submitted via mail, r in persn, t ur Small Business Center in City Hall, Rm 800, 121 rth LaSalle Street, Chicag, Illinis, Fr mre detailed infrmatin related t ur Curbside Cafe Prgram, ther Public ay Use Permits, r any f the afrementined required business licenses, please call GOBIZ ( ) r g t ur website at and then click n the Public ay Use Permits link in the SBC RESOURCES sectin. Fr Aldermanic ard ffice infrmatin, please g t the City f Chicag Office f the City Clerk website at Any questins regarding accessibility cmpliance please call the Mayr's Office fr Peple with Disabilities at r g t their website at Thank yu fr applying fr a City f Chicag Curbside Café Permit, and have a nice seasn! Department f Business Affairs & Cnsumer Prtectin Public ay Use Unit City Hall, Rm rth La Salle Street, Chicag, Illinis GOBIZ ( ) (TTY)

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3 APPLICATIO CHECKLIST Applicatin Please ensure that all pages f the enclsed applicatin are accurately cmpleted. Fr additinal infrmatin, please read the Municipal Cde f Chicag thrugh (Article XII. Sidewalk Café) and the prmulgated Rules and Regulatins in this Curbside Café Applicatin Infrmatin Package. Business License Certificate(s) Please prvide cpies f yur City f Chicag business license certificate(s). If yu d nt have a valid business license, please apply fr the apprpriate license(s) either nline at ur website at > Apply fr a Business License, r in persn at the Small Business Center in City Hall, Rm 800. Fr mre infrmatin, please cntact us at publicwayuse@cityfchicag.rg r at GOBIZ ( ). Phtgraph(s) Please prvide phtgraph(s) n 8 ½ X 11 paper(s) which are clear and depict the prpsed site f the Curbside Café and its relatinship t the surrunding public way. Plan(s) Plan(s) shall be submitted n 8 ½ X 11 paper(s) (will nt be accepted with gray / dark backgrund), and clearly illustrate: The business name and address as they appear n yur retail fd establishment license. The exact length(s) and width(s) f the prpsed Curbside Café, and they must match the dimensins n the applicatin. The length f the curbside café cannt exceed the length f the immbile retail fd establishment r 40 feet, whichever is less. A detailed plan fr the curbside café, cmplying with applicable regulatins and demnstrating that the curbside café shall nt interfere with (1) adequate pedestrian and vehicular flw; (2) pedestrian and vehicular safety; r (3) the aesthetic quality f the surrunding area. All surrunding sidewalks shuld be dimensined and shuld include any ther existing bstructins (signs, lights, planters, etc.) Cmpliance with the Landscaping requirements. Mdified landscaping requirement ensuring that the curbside cafes are aesthetically-pleasing and cnsistent with the City f Chicag s bjective f develping attractive tree-lined streets, bulevards and greener neighbrhds. prtin f the plants shall extend ver the permitted Curbside Café area (they shall be included within the limits f the permitted area). Cmpliance with the Bundary requirements. The bundary shall fully enclse the permitted area frm the remainder f the public way, with the exceptin f the entrance. Curbside café bundaries must be cnstructed t prvide cane detectin fr pedestrians wh are blind r have visual impairments. A cntinuus uninterrupted fence r barricade meets this requirement if it has a cntinuus, firm barrier lcated 27 inches abve grund r lwer n the pedestrian side f the cafe. If the fence r barricade is nt cntinuus r if the barricade cnsists f psts r ther bjects cnnected by hanging rpes, chains r nyln strips, a detectable barrier must run cntinuusly alng the pedestrian side f the barricade r fence at a height f 27 inches r less. Curbside café bundaries must be cnstructed s that they are free f bjects that prtrude mre than 4 inches frm the uter edge f the fence r barricade between 27 and 80 inches abve the grund unless a crrespnding barrier is psitined under the prtruding bject 27 inches abve the grund r lwer t prvide fr detectin by canes used by peple wh are blind r have visual impairments. Examples f ptential nn-cmpliant prtruding bjects are hanging lanterns, large Page 2

4 planters r flwer bxes, signs r ther bjects munted n r alngside the café fences r barricades. Blting any prtin f the bundary t the sidewalk is nt permitted. Cmpliance with the Clearance requirements. Curbside Cafés are prhibited in a prtected bike lane; within 30 feet frm a stp sign; within 30 feet f a cntrlled intersectin and 20 feet frm all ther intersectins; within 15 feet frm a bus stp, lading zne, r fire hydrant; r within 1,200 feet frm rigley Field. prtin f yur Curbside Café can include neighbring business, residences, r empty lts. The prpsed seating capacity fr the Curbside Café. The number f chairs depicted in the Plan shall match the prpsed seating capacity n the applicatin. here tables are prvided at curbside cafes, seating fr peple with disabilities must be prvided as well. At least 5% but nt less than ne f the tables in the curbside café seating area must be accessible t peple with disabilities, including thse wh use wheelchairs as specified in the enclsed accessibility requirements. Accessible tables must be dispersed thrughut the café seating area. CBC Under n circumstances shuld seating in curbside cafés cnsist nly f high r bar stl height tables and chairs. here high tables and chairs are used, accessible tables utfitted with chairs f crrespnding height must be prvided as well. Seating must be structurally sund and may nt be attached, anchred r suspended t the barriers, the sidewalk r any part f the curbside café. The Curbside Café entrance lcatin. It is at least 36 inches wide at all pints (maximum f five (5) feet. ASI A minimum f ne (1) entrance (maximum f tw (2)) per sidewalk café sectin. Sample plans may be fund in this Curbside Café Applicatin Infrmatin Package. A prfessinally certified set f drawings shwing Curbside Café layut, tables and chairs and cnstructin details, survey and structural calculatins shall be prvided, after preliminary apprval. Prfessinal must be certified in Illinis. CDOT reserves the right t require additinal calculatins, as required. Upn successful rdinance intrductin at City Cuncil, yu will receive a cpy f the apprved plan with yur Curbside Café permit after all the requirements have been met. The permit and the apprved plan shall be cnspicuusly displayed n the exterir wall r windw f the main entrance f the establishment during all hurs f peratin. Plan(s) that d nt meet the requirements will be returned t the applicant fr crrectins, thus delaying the prcessing f yur applicatin. Design Guidelines Platfrm The platfrm shall nt be lnger than 40 feet lng and 6 feet wide. The platfrm shall be supprted by a system that prvides structural stability and water resistance. Deck surface shuld be level and flush with existing curb t the extent pssible. A diamnd plated, stainless steel, industrial grade, t-prfile transitin may be used t prvide wheel chair access. All mechanical cnnectins shall ccur n the decking surface and nt the curb t preserve curb integrity. The umber f cnnectins as well as cnnectin type t be apprved by CDOT. A perimeter cntainment frame shall be built as part f the platfrm and blted t the pavement, using expansin blts. It shuld be attached with an adjustable stainless steel L Bracket (using ½ blts). The Perimeter bards shuld be attached t the L bracket such that they are even with the surface f the deck n all sides. Penetratins int the pavements shall be minimal and apprved by CDOT prir t cnstructin. The platfrm must be lad-bearing: at least 750 lbs. per square ft. Page 3

5 A Curbside Café must include a cntinuus physical barrier alng the street facing perimeter while maintaining clear visual sightlines t the street as well as a cntinuus barrier n the sidewalk side excluding 1-2 entrances. The sidewalk facing side f a Curbside Cafe shuld be pen t custmers thrugh 1-2 entrances between 3-5 feet in length. A Curbside Café must nt be wider than 6 feet. Curbside Cafés are nt permitted in frnt f a fire hydrant, and restricted access t any public utility cmpany r city utility cvers, valves, etc. must be apprved by the city. Curbside drainage must nt be impeded. CDOT will assess each site and will determine necessary traffic safety imprvements, including but nt limited t, traffic markings, flexible bllards and wheel stps. Curbside Cafés must be designed using high quality and durable materials. All Curbside Café design prpsals are subject t CDOT review and apprval. Applicant is respnsible fr cmpleting any required design changes. Landscaping The platfrm shall include planters that are a minimum 4 ft lng and maximum 1 ft wide by 32 inches high spaced 8 feet OC, t be attached t perimeter decking Each planter shall be filled with gravel at the base t prvide stability, tpped by a layer f packing peanuts t take up vlume but nt add weight; finally a layer f sil is added near the tp f the planter fr plants. The planters shall cntain a mixture f plants frm the CDOT radway apprved plant list. Plant variatins shall be submitted t CDOT fr apprval Prper drainage f planter shall be prvided The planters shall be cnnected via a railing, where required, t prvide prtectin frm pedestrians walking int the radway. Accessibility The platfrm shall be as flush as pssible with the sidewalk and curb. A minimum dimensin alng the platfrm at its transitin with the sidewalk shall prvide wheelchair access. Maintenance & Operatins The platfrm shall allw fr easy access t the space underneath fr regular cleaning. The prpsed number f tables and chairs shall be apprved by CDOT and the Department f Business Affairs & Cnsumer Prtectin. Tables and chairs are t be stred and remved frm the public right f way when Curbside Café is nt in peratin. Insurance Requirements Please include yur prf f insurance with this applicatin. The requirements are belw: 1. The Certificate f Insurance evidencing cmmercial general liability insurance with limits f nt less than $500, per ccurrence, $1,000, in the aggregate cmbined single limit, fr bdily injury, persnal injury and prperty damage liability. The City f Chicag shall be named as an additinal insured n a primary nn-cntributry basis fr any liability arising directly r indirectly frm the peratins f a curbside café; and the permittee shall indemnify, defend and hld the city harmless frm any lss that results directly r indirectly frm the permit issuance. 2. The Certificate f Insurance Descriptin sectin must clearly indicate the fllwing: City f Chicag, its agents and emplyees are listed as additinal insured in regards t the curbside café. Yur specific public way use must be listed r it will nt be accepted. Having the City f Chicag nly in the Certificate Hlder sectin f the Certificate f Insurance des nt mean that the City is listed as additinal insured. Therefre, please ensure that the statement abve is listed n yur Certificate f Insurance Descriptin sectin. Page 4

6 Plicy endrsement page shwing the City f Chicag has been added t the applicant s insurance plicy as an additinal insured pursuant t MCC The issuing insurer shall prvide fr 10 days prir written ntice t the City f Chicag if cverage is substantially changed, cancelled r nt renewed. 4. The Certificate f Insurance Certificate Hlder sectin must include the fllwing: CITY OF CHICAGO DEPARTMET OF BUSIESS AFFAIRS & COSUMER PROTECTIO 121. LASALLE ST., RM. 805 CHICAGO, IL Examples f a Certificate f Liability Insurance and a Plicy Endrsement may be fund in pages 12 and 13, respectively, f this Curbside Café Applicatin Infrmatin Package. 6. The insured listed n the Certificate f Insurance must be issued t the entity applying fr the curbside café permit. Page 5

7 CURBSIDE CAFÉ APPLICATIO APPLICAT IFORMATIO LEGAL AME OF ETITY: BUSIESS AME (DBA): PERMIT MAILIG ADDRESS: CITY: STATE: ZIP CODE: COTACT PERSO: TITLE: PHOE: MOBILE: te: Please review the abve sectin t ensure the accuracy f yur cntact infrmatin. Any missins/inaccuracies will delay the prcessing f yur applicatin. All Curbside Café applicants are required t btain the signature f the Alderman in whse ward the prpsed use f the public way is lcated. Fr Aldermanic ard ffice infrmatin, please g t the City f Chicag Office f the City Clerk website at Additinally, the applicant will need t frward the signed and cmpleted Curbside Café Applicatin, including plans, phts, certificate f insurance, acceptance letter, and a cpy f current license certificate. Failure t submit all the requirements will delay prcessing yur applicatin. faxes will be accepted. Please return this applicatin and all the assciated dcuments by mail r in persn t: City f Chicag Department f Business Affairs and Cnsumer Prtectin Small Business Center - Public ay Use Unit, City Hall, Rm rth LaSalle Street, Chicag, Illinis ALDERMA S RECOMMEDATIO Applicatin shuld have prir recmmendatin f the Alderman f the ard within which the Curbside Café will be lcated. Such recmmendatin shall nt be unreasnably withheld. ALDERMA S SIGATURE: DATE: ARD: Page 6

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9 APPLICATIO ORKSHEET Please enclse a plan f the prpsed Curbside Café and its relatinship t the surrunding public way. Please shw the assciated dimensins, clearance measurements, bundaries and landscaping, street lcatin, seating capacity, accessibility t patrns with disabilities and its relatinship t the surrunding public way. Als include phtgraph(s) f prpsed Curbside Café s lcatin. In additin, please fill in belw the prpsed Curbside Café s (1) business license infrmatin, (2) street lcatin, dimensins, (3) seating capacity, and (4) days and hurs f peratin. 1. Business License Infrmatin ACCOUT #: CURRET RETAIL FOOD LICESE #: BUSIESS LOCATIO ADDRESS: 2. Prpsed Curbside Café Lcatin and Dimensin Infrmatin te: The street name(s) and prpsed length(s) and width(s) must match the prpsed plan. STREET AME (i.e. S. State St.) LEGTH IDTH 3. Prpsed Curbside Café s Seating Capacity te: The prpsed seating capacity must match the prpsed plan. CAPACITY: 4. Days and Hurs f Operatin te: Curbside Café s cannt perate earlier than 8:00 AM nr later than 10:00 PM Sunday thrugh Thursday and n earlier than 8:00 AM and n later than 11:00 PM Friday and Saturday. DAY OF THE EEK PROPOSED HOURS OF OPERATIO Mnday Tuesday ednesday Thursday Friday Saturday Sunday Page 8

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11 ACCEPTACE OF CURBSIDE CAFÉ PERMIT TERMS Please check ALL the bxes. Failure t cmplete this sectin prperly will prevent yur applicatin frm being prcessed. ACKOLEDGEMETS: I hereby understand and accept the terms and cnditins relative t the issuance f the Curbside Café permit, and by signing belw, I acknwledge that I must adhere t the City f Chicag s Municipal Cde thrugh (Article XIVI. Pilt Prgram-Curbside Cafés), the Rules and Regulatins fr Sidewalk Cafés, as well as all the additinal requirements prmulgated herein: I understand it shall be my duty as the permit hlder, and as a cnditin f the permit, t: cmply with all the requirements defined within Chicag s Municipal Cde, the Rules and Regulatins, as well as the requirements prmulgated herein; upn submissin f the Curbside Café Applicatin, furnish the Certificate f Insurance; upn the intrductin f the permit rdinance at City Cuncil, pay the nn-refundable applicable Curbside Café annual permit fee ($600.00); reslve all Accunt Hlds since failure t d s will prevent the issuance f this permit applicatin; install r maintain the Curbside Café after the issuance f the permit by the Cmmissiner f Business Affairs and Cnsumer Prtectin; install and/r maintain the Curbside Café in a manner that cmplies with all applicable accessibility requirements under lcal, state r Federal law, including but nt limited t thse set frth in the Accessibility Requirements fr Curbside Cafés in the City f Chicag sectin f this Curbside Café Applicatin Infrmatin Package. I understand that failure t adhere t all cnditins impsed in the permit may result in revcatin f the permit. I hereby attest that all infrmatin that I have submitted is true and accurate. MUST BE SIGED BY A AUTHORIZED OER/OFFICER OF THE LICESED BUSIESS ETITY SIGATURE: PRIT AME: ACCOUT #: LEGAL AME OF ETITY: BUSIESS AME (DBA): BUSIESS LOCATIO ADDRESS: CITY: Chicag STATE: Illinis ZIP CODE: BUSIESS PHOE: : PERMIT TYPE: Curbside Café Page 10

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13 SAMPLE CERTIFICATE OF LIABILITY ISURACE Page 12

14 SAMPLE POLICY EDORSEMET Page 13

15 SAMPLE CURBSIDE CAFÉ SITE PLA Page 14

16 CITY OF CHICAGO MUICIPAL CODE ARTICLE XIV PILOT PROGRAM-CURBSIDE CAFES Pilt prgram. A curbside cafe permit pilt prgram is hereby established. The prgram shall run frm January 1, 2016 t December 31, Definitins. herever used in this Article, the fllwing definitins apply: "Alchlic beverages," "Cmmissiner," "Department" and "Fd" have the meaning ascribed t thse terms in sectin "Curbside cafe" means that prtin f an immbile retail fd establishment perating, pursuant t a permit, in a sectin f the traffic lane clsest t the curb that is nrmally used fr parking. "Immbile retail fd establishment" means a retail fd establishment issued a retail fd license fr a fixed lcatin inside a building. "Permittee" means a persn wh has been issued a curbside cafe permit Permit required fr curbside cafe. persn shall perate a curbside cafe withut first btaining a permit under this Article. A curbside cafe permit shall be valid frm May 1 st t and including September 30 th f the year f its issuance. The fee fr the permit shall be $ In additin t the permit fee, the permittee shall pay an amunt equal t any anticipated lst parking meter revenue fr any parking space used fr the peratin f the curbside cafe Permit applicatin and apprval prcedure. An applicatin fr a curbside cafe permit shall be submitted t the cmmissiner in a frm and frmat prescribed by the cmmissiner. The applicatin shall be filed in the same year in which the permit will be issued. The applicant shall include: (a) Prf that the applicant hlds a valid retail fd establishment license fr an immbile retail fd establishment. (b) Prf f insurance as required by this Article. (c) A detailed plan fr the curbside cafe, cmplying with applicable regulatins and demnstrating that the curbside cafe shall nt unreasnably interfere with: (1) adequate pedestrian r vehicular flw, (2) pedestrian and vehicular safety; r (3) the aesthetic quality f the surrunding area. The plan shall als clearly shw the lcatin f any fire hydrant, prtected bicycle lane, intersectin, bus stp, and lading zne, and indicate the distance f such items frm the prpsed lcatin f the curbside cafe. (d) Applicatins shall be prcessed n a first-in-time basis. If tw r mre applicatins are filed at the same time fr a lcatin n the same side f a blck and bth applicatins meet the requirements f this Article fr apprval, the cmmissiner shall cnduct a lttery t determine which applicatin t apprve. (e) Any ther pertinent infrmatin reasnably required by the cmmissiner Insurance required. Each applicant shall furnish prf f insurance evidencing cmmercial general liability insurance with limits f nt less than $500, per ccurrence, $1,000, in the aggregate cmbined single limit, fr bdily injury, persnal injury and prperty damage liability. The insurance shall prvide fr 30 days prir written ntice t be given t the cmmissiner if cverage is substantially changed, canceled r nn-renewed. Page 15

17 The city shall be named as an additinal insured n a primary; nncntributry basis fr any liability arising directly r indirectly frm the peratins f a curbside cafe; and the permittee shall indemnify, defend and hld the city harmless frm any lss that results directly r indirectly frm the permit issuance. If alchlic beverages will be served at the curbside cafe, the applicant shall prvide prf f liqur liability (dramshp) insurance fr the curbside cafe as required by sectin (c)(2) f this cde. Each permittee shall maintain the insurance cverage required under this sectin fr the duratin f the permit. The prf f insurance shall be presented t the cmmissiner prir t the issuance f a permit. Failure f the permittee t maintain the insurance shall result in the revcatin f the curbside cafe permit Review f applicatin. (a) (1) The cmmissiner shall send a cpy f the applicatin t cmmissiner f transprtatin. ithin five business days f receipt f the applicatin frm the cmmissiner, the cmmissiner f transprtatin shall review the applicatin t determine whether the lcatin f the curbside cafe will unduly interfere with pedestrian r vehicular traffic r parking within the area. If the cmmissiner f transprtatin determines that the lcatin f the curbside cafe will unduly interfere with either pedestrian r vehicular traffic r parking within the area, the cmmissiner shall deny the applicatin pursuant t subsectin (c). (2) The cmmissiner shall ntify the alderman f the affected ward f the applicatin and slicit a recmmendatin based n the alderman's analysis f any relevant factrs set frth in this Article. The alderman shall have 10 business days after such ntice is sent t respnd in writing with his specific recmmendatin, if any. (b) If the cmmissiner finds that the applicant meets the requirements f this Article and the regulatins prmulgated hereunder, the cmmissiner shall apprve the applicatin. (c) If the cmmissiner finds that the applicant fails t meet the requirements f this Article r the regulatins prmulgated hereunder, the cmmissiner shall deny the applicatin. The cmmissiner shall ntify the unsuccessful applicant in writing f the denial and the reasns therefr within ten business days after the denial Cmpliance with plan and ther cmpnents f applicatin. (a) Each curbside cafe shall cmply in all respects with the specificatins set ut in the plan submitted t the cmmissiner, and with the ther cmpnents f the applicatin. (b) In the event that the applicatin, including the plan, becmes inaccurate r incmplete in any respect as a result f circumstances r events utside the cntrl f the permittee, the permittee shall ntify the cmmissiner within three business days f such circumstances r events. (c) Befre taking any actin that wuld result in the applicatin, including the plan, becming inaccurate r incmplete in any respect, the permittee shall seek the prir apprval f the cmmissiner. (d) Upn being ntified f an actual r cntemplated change pursuant t this sectin, the cmmissiner, in cnsultatin with the cmmissiner f transprtatin, shall review the change t determine if such change is insubstantial r substantial, using the same criteria as relevant t the cmmissiner's cnsideratin f an initial applicatin. If such change is insubstantial and if the applicatin, as s changed, meets the criteria fr an initial applicatin, the cmmissiner shall apprve the change. If such change is insubstantial and if the applicatin, as s changed, des nt meet the criteria fr an initial applicatin, the cmmissiner shall disapprve the change. If such change is substantial, a new permit applicatin shall be required. Page 16

18 Permit - Assignment r transfer prhibited. permittee shall assign r transfer a curbside cafe permit Restrictins n issuance f a permit. (a) Only ne curbside cafe permit shall be issued fr a lcatin n the same side f a blck. (b) A curbside cafe is nly permitted n a pedestrian street designated pursuant t sectin D that has a sidewalk with less than 8 feet f width in frnt f the immbile retail fd establishment. (c) The length f the curbside cafe shall nt exceed the length f the immbile retail fd establishment adjacent t the sidewalk, r 40 feet, whichever is less. (d) The permitted utdr seating area f curbside cafe must be lcated in the traffic lane by the curb that is immediately in frnt f the immbile retail fd establishment. (e) A curbside cafe is prhibited: (1) in a prtected bicycle lane: (2) within 30 feet frm a stp sign; (3) within 30 feet f a cntrlled intersectin and 20 feet frm all ther intersectins; (4) within 15 feet frm a bus stp, lading zne, r fire hydrant; r (5) within 1,200 feet frm rigley Field. (f) The lcatin f the curbside cafe shall nt unduly interfere with pedestrian r vehicular traffic r parking in the area. (g) curbside cafe permit shall be issued fr any lcatin: (1) within the central business district, as that term is defined in sectin ; r (2) where a sidewalk cafe permit has been issued t the applicant. (h) curbside cafe shall extend int the street beynd the parking lane Operatinal cnditins. (a) Curbside cafes shall nt perate between the hurs f 10 p.m. and 8 a.m., Sunday thrugh Thursday, r between the hurs f 11 p.m. and 8 a.m., Friday and Saturdays. (b) A permittee shall nt permit any music, whether live r recrded, r ther amplified sund t be played at the curbside cafe, ther than thrugh headphnes. (c) The permittee shall: (1) install and maintain a physical bundary separating the permitted utdr seating area frm the remainder fthe traffic lanes; and (2) cnstruct the curbside cafe t make its flr height the same height as the sidewalk in rder t avid a tripping hazard. The cnstructin, cnfiguratin and ther characteristics f the curbside cafe flr and physical bundary, including landscaping, shall be set frth by regulatin. (d) The permitted utdr seating area f the curbside cafes shall be fr the exclusive use f the immbile retail fd establishment stated n the applicatin. Sharing r ther jint use f a curbside cafe lcatin by mre than ne retail fd establishment shall nt be permitted. (e) Only the service f fd and alchlic beverages at curbside cafes are authrized by this Article Alchlic beverage service - Requirements. If alchlic beverages are served at the curbside cafe, the permitee must have a valid liqur license. Alchlic beverages supplied by the custmer r by any persn ther than the permittee will nt be allwed at curbside cafes Cmpliance with cde and regulatins required. A permittee and his emplyees shall be subject t and cmply with all applicable laws, regulatins and ther requirements and standards fr retail fd establishments and the sale f alchlic beverages Prmulgatin f regulatins; frce and effect. The cmmissiner is authrized t prmulgate regulatins t carry ut the purpses f this Article, including withut limitatin regulatins gverning: (a) The lcatin, arrangement and design f curbside cafes t ensure the flw f pedestrian and vehicular traffic, the safety f pedestrians and vehicular traffic, and the access t bus stps, lading znes and fire hydrants; (b) The size, design and ther specificatins fr tables and serving equipment t be Page 17

19 used by a permittee, and the design f enclsures r partial enclsures; (c) The types f fd and beverages that may be served at curbside cafes; 4 (d) The time perids during which an applicatin can be made fr a curbside cafe permit; (e) Landscaping and ther aesthetic cmpnents f the curbside cafe; and (f) Any ther matter pertaining t this Article. In prmulgating the rules regarding the lcatin, arrangement and design f any curbside cafe, the cmmissiner shall cnsult with the cmmissiner f transprtatin Enfrcement. (a) The cmmissiner is authrized t take such actin as necessary t enfrce the prvisins f this Article, including cnducting n-site inspectins f curbside cafes. (b) Upn request by the cmmissiner, a permittee shall prvide fr inspectin any dcument required by this Article, including the curbside cafe permit, the plan fr the curbside cafe, and prf f insurance. (c) Any curbside cafe fr which a permit is required by this Article, and which has failed t btain such permit, may be clsed by the cmmissiner until such permit is prcured. Upn being ntified f clsure, all curbside cafe activity must cease, and all bstructins in the public way, including bundaries, tables and chairs, must be remved. (d) Any curbside cafe fr which a permit is in effect under this Article may be temprarily clsed by the cmmissiner, if the cafe has been issued ntices f vilatin n three different days during the permit perid, each f which pertains t a significant breach f public safety. n-limiting examples include: (1) cafe encrachment n the public way beynd plan specificatins, (2) a missing r incmplete barrier, r (3) signs, serving tray stands r ther bjects in the public way. Upn being subjected t a temprary clsure, the permittee may prvide t the cmmissiner evidence that the bjectinable cnditins have been fully remedied. Such temprary clsure shall remain in effect until the cmmissiner is satisfied that the vilatins have been prperly remedied and will nt reccur Vilatin - Penalties. (a) Any persn wh vilates any f the prvisins f this Article r regulatins prmulgated hereunder shall be subject t a fine f nt less than $ nr mre than $ fr each ffense and each day such a vilatin cntinues shall be deemed a separate and distinct ffense. (b) In additin t any ther fine r penalty prvided, and any persn wh knwingly interferes with r impedes the cmmissiner in the enfrcement f this Article may be subject t incarceratin fr a term nt t exceed six mnths. (c) Any curbside cafe in peratin withut a valid permit r subject t sectin (d) is subject t remval frm the public way by the cmmissiner. The prvisins f Sectin (1) fthe cde shall apply t the remval f any prtin f a curbside cafe, frm the public way, whether fr unpermitted peratin r fr bstructin f public way; prvided, hwever, that the amunt f the fine fr a vilatin shall be as set frth in this sectin Vilatin - Permit revcatin. In additin t fines and ther penalties as prvided fr herein, three r mre vilatins f any prvisin f this Article r regulatins prmulgated hereunder within a permit perid shall subject the permittee t revcatin f the curbside cafe permit by the cmmissiner Sunset. This rdinance shall expire n December 31, SECTIO 2. This rdinance takes effect n January 1, ARTICLE XVII PEDESTRIA STREET DESIGATIO Designatin and Bundaries APedestrian streets must be identified in the text f this Zning Ordinance and shwn n the Official Zning Atlas. Page 18

20 B The pedestrian street designatin may be established r remved nly in accrdance with the Zning Ordinance Text and Zning Map Amendment prcedures f Sec and Sec Bth a text and map amendment is required C The pedestrian street designatin applies t all zning lts that abut the right- f-way f a pedestrian street D [Pedestrian Streets and Pedestrian Retail Streets.] 1. The fllwing street segments are classified as pedestrian streets: Street Segment Crdinates 103rd Lngwd d th Racine Lmis th 1413 Marshfield th Paulina d th St. Luis Pulaski rd Kenwd Lake Park 1350E 1600E Argyle Sheridan Bradway Cermak ashtenaw Califrnia Cermak Marshall Try Cermak entwrth Princetn Chicag Ashland Damen Clark inna Bryn Mawr Clark Mntrse Lawrence Cmmercial 88th 92nd 8800S 9200S Devn estern Califrnia Divisin Milwaukee Ashland Divisin 1619 Leavitt Halsted Belmnt Grace Kedzie Mntrse Lawrence Lawrence Laramie Lng Lawrence Sacrament Central Park Milwaukee Lgan Central Park / 3600 Page 19

21 Milwaukee Milwaukee Mntrse Rckwell / Francis Giddings C.T.A. Brwn Line Sacrament 2600/ Higgins/ Ainslie Seeley nrth side; 1821 suth side Mntrse Califrnia Kimball Rsce Damen Leavitt Taylr Carpenter Racine Taylr Lmis Ashland ells Divisin rth entwrth Cermak 24th Place 2200S 2400S Street 2. The fllwing street segments are classified as pedestrian retail streets: Segment Crdinates Armitage Halsted Racine Belmnt Halsted Racine Bradway Diversey Crnelia Bryn Mawr Kenmre Bradway Clark Belden Diversey Clark ewprt Addisn Diversey Pine Grve Burling Halsted illw ebster Lincln Fullertn Diversey Lincln Sunnyside Lawrence Lincln Rsce Berteau Lincln Hutchinsn Pensacla 4217 (east side) 4218 (west side) 4329 (east side) 4330 (west side) 4830/ nrth side; 2017 suth side Page 20

22 Milwaukee Divisin rth Suthprt Rsce Grace EPedestrian streets als radiate frm the fllwing six-crner intersectins. Diagnal Street Crdinates East- est Street Crdinates rth- Suth Street Crdinates Intersectin Crdinates Blue Island 1637 S 1671 S 18th Lmis 1600 S S S 1400 Blue Island 1810 S 1900 S 18th Lmis 1809 S S S 1400 Bradway Lawrence Racine Clark Diversey 500 Bradway Lincln Schl Marshfield Lincln Irving Park Damen Milwaukee rth Damen Page 21

23 Milwaukee Diversey Kimball Milwaukee Irving Park Cicer Page 22

24 ACCESSIBILITY REQUIREMETS FOR CURBSIDE CAFES I THE CITY OF CHICAGO The fllwing accessibility requirements must be cmplied with in all sidewalk cafés perating in the City f Chicag. These prvisins are nt cmprehensive and include nly applicable municipal requirements. Restaurant wners and peratrs must als cmply with numerus State and Federal requirements nt discussed here. CURBSIDE CAFÉ BOUDARIES Curbside café bundaries n the sidewalk side must nt interfere with the accessibility f the public right f way t the sidewalk. Curbside café bundaries n the sidewalk side must be psitined s that at least 6 feet separates the uter edge f the barrier n the sidewalk side frm City prperty unless therwise mentined in r therwise apprved by the Department f Business Affairs and Cnsumer Prtectin.. Curbside café bundaries n the sidewalk side must be cnstructed s that they are free f bjects between 27 and 80 inches abve the grund that prtrude mre than 4 inches unless a crrespnding barrier is psitined under the prtruding bject 27 inches abve the grund r lwer t prvide cane detectin. Examples f ptential nn-cmpliant prtruding bjects are hanging lanterns, signs r ther bjects munted n r alngside the café fences r barricades. CBC Curbside café bundaries n the sidewalk side must be cnstructed s that they prvide cane detectin fr pedestrians wh are blind r have visual impairments. A cntinuus uninterrupted fence r barricade meets this requirement if it has a cntinuus, firm barrier at 27 inches abve grund r lwer. If the fence r barricade is nt cntinuus r if the barricade cnsists f psts r ther bjects cnnected by hanging rpes, chains r nyln strips, a detectable barrier must run cntinuusly alng the pedestrian side f the barricade r fence at a height f 27 inches r less. CBC ACCESSIBLE TABLES At least 5% but nt less than ne f the tables in each curbside café seating area must be accessible t peple with disabilities, including thse wh use wheelchairs. Accessible tables must be lcated n an accessible rute (see belw) and shuld be dispersed thrughut the café seating area. Accessible tables have the fllwing characteristics: Table tp surfaces that are 28 t 34 inches abve the flr. ASI Clear flr space at the table that is at least 30 inches wide and 48 inches deep. here pssible this seating shuld be lcated where the street has a slpe that is n greater than 1:50. ASI 305.2, Knee clearance underneath the table 27 inches in height t a depth f at least 8 inches and te clearance at least 9 inches in height t a depth f at least 11 inches. ASI 306. Under n circumstances shuld seating in sidewalk dining areas cnsist nly f high r bar stl height tables and chairs. here high tables and chairs are used, accessible tables utfitted with chairs f crrespnding height must be prvided as well. ACCESSIBLE ROUTES Accessible rutes must cnnect accessible curbside café tables with at least ne restaurant entrance that prvides access t restrms and, where available, public telephnes. An accessible rute must be prvided frm at least ne curbside café entrance t the accessible curbside café tables. In ther wrds, patrns with Page 23

25 disabilities shuld be able t travel t and enter the curbside café seating area and prceed t the accessible curbside café tables frm the adjacent sidewalk. In rder fr a rute t be cnsidered accessible: It shuld be 36 inches wide except where passing thrugh an entrance gate, drway r partitin pening. ASI Drways and entrances n the accessible rute shuld have a clear pening width f at least 32 inches (measured frm the dr surface t the drframe when the dr is pen 90 degrees) Threshlds alng the rute shuld be ½ inch r less and beveled with a slpe n greater than 1:2. ASI 303.3, The grund r flr surface shuld be stable, firm and slip-resistant (n dirt paths, lse gravel r grass). ASI The flr surface shuld have a slpe n greater than 1:20 in the directin f the accessible rute and a crss-slpe n greater than 1:50. ASI here it changes level, apprpriate slpes (1:20 r less) r curb ramps must be used t prvide access. ASI 303. It must be free f bjects that prtrude mre than 4 inches int the circulatin path at a height frm 27 t 80 inches. CBC unless a cane detectable barrier less than 27 inches abve the grund is prvided. SERVICE AIMALS/EMOTIOAL SUPPORT AIMALS Service animals are animals trained t perfrm tasks fr peple with disabilities. These include but are nt limited t guide dgs fr peple wh are blind r have visual impairments, hearing dgs fr peple wh are deaf r hard f hearing, seizure alert dgs and dgs that assist peple with mbility impairments. Emtinal supprt animals are animals that assist peple with disabilities, by prviding them with emtinal supprt. They are nt necessarily trained t prvide this supprt. In Chicag, dgs are the nly animals permitted t serve as service animals and emtinal supprt animals in places f public accmmdatin like restaurants. Service animals and emtinal supprt animals are nt pets and must be permitted t accmpany individuals with disabilities wh patrnize curbside cafés. In additin, Illinis law requires that service animals in training be allwed in these establishments as well. POLICIES, PRACTICES AD PROCEDURES FOR MAAGEMET AD STAFF Restaurants must implement plicies, practices and prcedures t ensure that peple with disabilities have access t accessible seating in sidewalk seating areas. Sme basic plicies that shuld be cnsidered: Befre pening each day and at ther times during the curse f the perating hurs f the curbside café, make sure that tables and chairs have nt shifted in a way that intrudes n the accessible rute. Train all staff as t the lcatin f the accessible seating areas. Make sure that they give individuals with disabilities the chice f waiting fr an accessible table r prceeding t anther table if that is available. Reserve accessible tables and chairs fr use by individuals with disabilities until all ther tables have been ccupied. This will maximize the pprtunity fr peple with disabilities t use these accessible features withut unnecessary delays. If a persn with a disability chses t sit at a table that is nt cnfigured t be accessible yu must allw that persn t d s. Page 24

26 RULES AD REGULATIOS FOR CURBSIDE CAFÉS As prmulgated by the Cmmissiner f Business Affairs & Cnsumer Prtectin pursuant t the prvisins f Chapter t f the Municipal Cde f the City f Chicag I. Applicatin Applicatins received incmplete r cntaining incnsistent infrmatin shall result in delayed prcessing f yur applicatin. a. Public ay Use Unit All applicatins and required dcuments shall be frwarded t: City f Chicag Department f Business Affairs and Cnsumer Prtectin Small Business Center - Public ay Use Unit, City Hall, Rm rth LaSalle Street, Chicag, Illinis b. Alderman s Recmmendatin Applicatin shuld have prir recmmendatin f the Alderman f the ard within which the Curbside Café will be lcated. Such recmmendatin shall nt be unreasnably withheld. c. Plan Plan(s) shall be submitted n 8 ½ X 11 paper(s) (will nt be accepted with gray / dark backgrund), and clearly illustrate: The business name and address as they appear n yur retail fd establishment license. The exact length(s) and width(s) f the prpsed Curbside Café, and they must match the dimensins n the applicatin. The length f the curbside café cannt exceed the length f the immbile retail fd establishment r 40 feet, whichever is less. A detailed plan fr the curbside café, cmplying with applicable regulatins and demnstrating that the curbside café shall nt interfere with (1) adequate pedestrian and vehicular flw; (2) pedestrian and vehicular safety; r (3) the aesthetic quality f the surrunding area. Cmpliance with the Landscaping requirements. Mdified landscaping requirement ensuring that the curbside cafes are aesthetically-pleasing and cnsistent with the City f Chicag s bjective f develping attractive tree-lined streets, bulevards and greener neighbrhds. prtin f the plants shall extend ver the permitted Curbside Café area (they shall be included within the limits f the permitted area). Cmpliance with the Bundary requirements. The bundary shall fully enclse the permitted area frm the remainder f the public way, with the exceptin f the entrance. Curbside café bundaries must be cnstructed t prvide cane detectin fr pedestrians wh are blind r have visual impairments. A cntinuus uninterrupted fence r barricade meets this requirement if it has a cntinuus, firm barrier lcated 27 inches abve grund r lwer n the pedestrian side f the cafe. If the fence r barricade is nt cntinuus r if the barricade cnsists f psts r ther bjects cnnected by hanging rpes, chains r nyln strips, a detectable barrier must run cntinuusly alng the pedestrian side f the barricade r fence at a height f 27 inches r less. CBC Curbside café bundaries must be cnstructed s that they are free f bjects that prtrude mre than 4 inches frm the uter edge f the fence r barricade between 27 and 80 inches abve the grund unless a crrespnding barrier is psitined under the prtruding bject 27 inches abve the grund r lwer t prvide fr detectin by canes used by peple wh are blind r have visual impairments. Examples f ptential nn-cmpliant prtruding bjects are hanging lanterns, large Page 25

27 planters r flwer bxes, signs r ther bjects munted n r alngside the café fences r barricades. CBC Blting any prtin f the bundary t the sidewalk is nt permitted. Cmpliance with the Clearance requirements. Curbside Cafés are prhibited in a prtected bike lane; within 30 feet frm a stp sign; within 30 feet f a cntrlled intersectin and 20 feet frm all ther intersectins; within 15 feet frm a bus stp, lading zne, r fire hydrant; r within 1,200 feet frm rigley Field. prtin f yur Sidewalk Café can include neighbring business, residences, r empty lts. The prpsed seating capacity fr the Curbside Café. The number f chairs depicted in the Plan shall match the prpsed seating capacity n the applicatin. here tables are prvided at curbside cafes, seating fr peple with disabilities must be prvided as well. At least 5% but nt less than ne f the tables in the curbside café seating area must be accessible t peple with disabilities, including thse wh use wheelchairs as specified in the enclsed accessibility requirements. Accessible tables must be dispersed thrughut the café seating area. CBC Under n circumstances shuld seating in curbside cafés cnsist nly f high r bar stl height tables and chairs. here high tables and chairs are used, accessible tables utfitted with chairs f crrespnding height must be prvided as well. Seating must be structurally sund and may nt be attached, anchred r suspended t the barriers, the sidewalk r any part f the curbside café. The Curbside Café entrance lcatin. It is at least 36 inches wide at all pints (maximum f five (5) feet. ASI A minimum f ne (1) entrance (maximum f tw (2)) per sidewalk café sectin. d. Phtgraphs Pictures shall be clear and n 8 ½ x 11 paper. They shall depict the prpsed site where the Café is t be lcated and the relatinship f the prpsed Sidewalk Café t the surrunding public way. II. Permit A Sidewalk Café Permit is valid frm the date f issuance up t and including September 30 th. a. Accunt Hlds All hlds n yur business accunt shall be reslved prir t the issuance f yur Curbside Café Permit. b. Insurance After rdinance intrductin, applicant shall furnish an insurance certificate and plicy endrsement page shwing that the City f Chicag has been added t the applicant s insurance plicy as an additinal insured pursuant t : Insurance required. Each applicant fr a sidewalk café permit shall furnish a certificate f insurance evidencing cmmercial general liability insurance with limits f nt less than $500, per ccurrence, $1,000, in the aggregate cmbined single limit, fr bdily injury, persnal injury and prperty damage liability. The insurance shall prvide fr 30 days prir written ntice t be given t the cmmissiner if cverage is substantially changed, canceled r nn-renewed. The City shall be named as an additinal insured n a primary nn-cntributry basis fr any liability arising directly r indirectly frm the peratins f a curbside Page 26

28 café; and the permittee shall indemnify, defend and hld the city harmless frm any lss that results directly r indirectly frm the permit issuance. If alchlic beverages will be served at the curbside café, the applicant shall prvide prf f liqur liability (dramshp) insurance fr the curbside café; as required in Sectin (c)(2) f this cde. Each permittee shall maintain the insurance cverage required under this sectin fr the duratin f the permit. The prf f insurance shall be presented t the cmmissiner prir t the issuance f a permit. Failure f the permittee t maintain the insurance shall result in the revcatin f the curbside café permit. Certificates f insurance shall be renewed at least 30 days prir t the expiratin f the plicy. If the licensed establishment has an address range n their City f Chicag licenses, the Certificate f Insurance must match the range n the licenses. c. Annual Fee Fees fr Curbside Café Permits shall be paid and are nn-refundable. Permits are revcable by the Cmmissiner f Business Affairs and Cnsumer Prtectin at any time. III. Operatin a. Permit/Plan Display and Capacity Requirement The Curbside Café Permit and apprved plan shall be cnspicuusly displayed n the exterir wall r windw f the main entrance f the licensed retail fd establishment during all hurs f peratin. The bundaries f the Curbside Café, including the physical bundary separating the permitted utdr seating frm the remainder f the public way, shall reflect the apprved plan and shall nt be mdified r altered unless apprved by the Cmmissiner. The arrangement and number f tables and chairs within the authrized bundaries f the Curbside Café shall reflect the apprved plan and shall nt be substantially changed, altered, added t r reduced withut the apprval by the Cmmissiner. Tables and chairs shall always be set up and maintained in a manner ready fr access and use by patrns. Seating must be structurally sund and may nt be attached, anchred r suspended t the barriers, the sidewalk r any part f the curbside café. In additin, the capacity f the Curbside Café shall nt exceed the apprved seating capacity number n the Curbside Café Permit. At n time may the Curbside Café be used in excess f the apprved seating capacity t allw fr standing rm patrns. b. Respnsibilities f Curbside Café Permittee A Curbside Café permittee is respnsible t the cmmunity surrunding the Curbside Café premises. It is the affirmative duty f a Curbside Café permittee t reprt prmptly t the plice department all illegal activity reprted t r bserved by the permittee n r adjacent t the permitted Curbside Café premises; t answer fully and truthfully all questins f an identified plice fficer wh inquires r investigates cncerning persns r events n r adjacent t the permitted Curbside Café premises; t cperate with the plice in any such inquiry r investigatin, including the giving f ral r written statements t the plice at reasnable times and lcatins in the curse f investigatins; and t sign a cmplaint against any persn whm the licensee bserves in any illegal cnduct r activity n r adjacent t the permitted Sidewalk Café premises. Fr purpses f this rule, Adjacent means: (1) any public way lcated immediately next t a Curbside Café premises; r (2) any private prperty that is lcated immediately next t a Curbside Café premises, if such private prperty is wned, leased r rented by the permittee r permittee s prperty wner; r (3) any private prperty separated frm a Curbside Café by a public way and lcated immediately next t such public way, if such prperty is wned, leased r rented by the permittee r the permittee s prperty wner. Page 27