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CITY OF WEST CHICAGO
DEVELOPMENT COMMITTEE
AGENDA ITEM SUMMARY
ITEM TITLE:
AGENDA ITEM NUMBER: 2 a
Municipal Code Text Amendments to Allow
Outdoor Dining in the Public Right of Way FILE NUMBER:
COMMITTEE AGENDA DATE: May 9, 2022
Ordinance No. 22-0-0017, Ordinance No. 22-0-0018,
Ordinance No. 22-0-0019 & Ordinance No. 22-0-0020 | COUNCIL AGENDA DATE:
STAFF REVIEW: Tom Dabareiner, AICP SIGNATURE a ——
APPROVED BY CITY ADMINISTRATOR: Michael Guttman SIGNATURE
On April 11, 2022, members of the Development Committee asked Staff to prepare the necessary
text amendments to allow outdoor dining within the Public Right of Way. Staff researched what other
municipalities do and drafted four ordinances that, combined, would achieve the level of outdoor din-
ing desired by Committee members. These are:
e 22-0-0017: Zoning Ordinance Text Amendment to allow outdoor dining where restaurants abut
Public Right of Way and no privately owned land is available for this purpose. Outdoor Dining
would be allowed in the Public Right of Way only within the three Business Zoning Districts.
22-0-0018: A $50 fee is proposed to obtain an Outdoor Dining License, representing the cost
of registering and inspecting the Outdoor Dining location.
22-0-0019: This text amendment sets out the requirements to obtain and adhere to a license
for outdoor dining, bracketed by May 1-October 31 operational dates, and including the need to
protect space for ADA passage, the need for insurance to protect the City, and prohibiting the
serving of alcohol without a Class L License,
22-0-0020: Adds a Class L liquor license category that must be obtained in addition to the res-
taurant’s indoor liquor license, with respective requirements including the prohibition of glass
containers, food requirements, and terminating consumption by 10:30PM.
Each ordinance modifies a specific, separate and relevant section of the Municipal Code but should
be considered together to provide patrons with a full and safe restaurant experience while dining out-
doors.
At their meeting held May 3, Plan Commissioners voted 3-2, with the majority supporting the text
amendments. However, this is still an insufficient number to make an official recommendation.
ACTIONS PROPOSED:
Discussion and recommend approval of Outdoor Dining in the Public Right of Way text amendments.
COMMITTEE RECOMMENDATION:

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ORDINANCE NO. 22-0-0017
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF
THE CITY OF WEST CHICAGO — APPENDIX A
ARTICLE X OF THE ZONING CODE RELATING TO
OUTSIDE SEATING IN THE PUBLIC RIGHT-OF-WAY
WHEREAS, many restaurants provided outside seating areas during the COVID-19 Pan-
demic to stay open because indoor dining was not possible at the time; and
WHEREAS, as restrictions on indoor dining began to lift, the popularity of outside dining
among patrons remained; and
WHEREAS, for some restaurants in the downtown, the only open space outside for out-
door dining is the public sidewalk; and
WHEREAS, the City’s Code of Ordinances does not expressly permit outside seating on
the public sidewalk within the public right-of-way; and
WHEREAS, when regulated properly, outside dining on the public sidewalk can have a
positive impact on the downtown to promote a lively and active area; and
WHEREAS, the City’s Comprehensive Plan envisions this type of practice with an im-
plementation strategy to support restaurants’ outside offerings during various seasons; and
WHEREAS, the City Council believes it is in the best interest of the City to amend the
Business District of the Zoning Code to allow this type of ancillary use for restaurants; and
WHEREAS, Notice of Public Hearing on said text amendment was published in the Dai-
ly Herald on or about April 18, 2022, as required by the ordinances of the City of West Chicago
and the statutes of the State of Illinois; and
WHEREAS, a Public Hearing was conducted by the Plan Commission/Zoning Board of
Appeals of the City of West Chicago on May 3, 2022 pursuant to said Notice; and
WHEREAS, at the Public Hearing all interested parties had an opportunity to be heard; and
WHEREAS, the corporate authorities of the City of West Chicago have received the
recommendation of the Plan Commission/Zoning Board of Appeals, pursuant to Recommendation
No. 21-RC-0006, a copy of which is attached hereto as Exhibit “A” which is, by this reference,
made a part hereof.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of West Chi-
cago, Du Page County, Illinois, in regular session assembled, as follows:
Section 1. That Section 10.2-1 (Use Restrictions) of Article X (Business) of Appendix A (the
Zoning Code) of the Code of Ordinances of the City of West Chicago be amended as follows:
Ordinance 22-O-0017
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(D) An outside seating area located entirely on private property is permitted ancillary to a
permitted or special use provided the area does not encroach onto any required parking
spaces or interfere with vehicle or pedestrian traffic. If located on a walkway, a mini-
mum of fewrthree-foot wide clearance shall be preserved.
(G) An outside seating area located on a public sidewalk within the public right-of-way is
permitted as an ancillary use to a restaurant provided, however, that a license agreement
pursuant to Article XXX of Chapter 9 of the Code of Ordinances of the City of West
Chicago has been approved by the City prior to implementing the seating area.
Section 2. That Section 10.3-1 (Use Restrictions) of Article X (Business) of Appendix A (the
Zoning Code) of the Code of Ordinances of the City of West Chicago be amended as follows:
(C) An outside seating area located entirely on private property is permitted ancillary to a per-
mitted or special use provided the area does not encroach onto any required parking spaces
or interfere with vehicle or pedestrian traffic. If located on a walkway, a minimum of feur
three-foot wide clearance shall be preserved.
(H)_ An outside seating area located on a public sidewalk within the public right-of-way is per-
mitted as an ancillary use to a restaurant provided, however, that a license agreement pursu-
ant to Article XXX of Chapter 9 of the Code of Ordinances of the City of West Chicago has
been approved by the City prior to implementing the seating area.
Section 3. That Section 10.4-1 (Use Restrictions) of Article X (Business) of Appendix A (the
Zoning Code) of the Code of Ordinances of the City of West Chicago to add the following:
(B) An outside seating area located entirely on private property is permitted ancillary to a per-
mitted or special use provided the area does not encroach onto any required parking spaces
or interfere with vehicle or pedestrian traffic. If located on a walkway, a minimum of fexr
three-foot wide clearance shall be preserved.
(E)_ An outside seating area located on a public sidewalk within the public right-of-way is per-
mitted as an ancillary use to a restaurant provided, however, that a license agreement pursu-
ant to Article XXX of Chapter 9 of the Code of Ordinances of the City of West Chicago has
been approved by the City prior to implementing the seating area.
Section 4. That all ordinances and resolutions, or parts thereof, in conflict with the provisions
of this Ordinance are, to the extent of such conflict, expressly repealed.
Section 5. That this Ordinance shall be in full force and effect after its passage, approval and
publication in pamphlet form as provided by law.
Ordinance 22-O-0017
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PASSED this day of » 2022.
Alderman Beifuss Alderman Chassee
Alderman Sheehan Alderman Brown
Alderman Hallett Alderman Dettmann
Alderman Birch-Ferguson Alderman Dimas
Alderman Swiatek Alderman Garling
Alderman Stout Alderman Short
Alderman Jakabesin Alderman Morano
APPROVED as to form:
City Attorney
APPROVED THIS day of , 2022.
Mayor Ruben Pineda
ATTEST:
Deputy City Clerk Valeria Perez
PUBLISHED:
Ordinance 22-0-0017
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EXHIBIT “A”
RECOMMENDATION # 22-RC-0006
TO: The Honorable Mayor and City Council
SUBJECT: PC 22-08
Zoning Text Amendment for Ancillary Outside Seating in the Public Right-of-
Way.
DATE: May 3, 2022
DECISION: With a roll call vote of three (3) “yes” and two (2) “no, the motion to recommend
approval did not carry.
Respectfully submitted,
Barbara Laimins
Chairperson
VOTE:
For Against Abstain Absent
Slattery Laimins Hale
Billingsley Banasiak Kasprak
Henkin
Ordinance 22-O0-0017
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Ordinance No. 22-O-0018
AN ORDINANCE AMENDING APPENDIX G - FEE SCHEDULE, SECTION 2.1 —
ANNUAL LICENSES AND RELATED FEES, OF THE CODE OF ORDINANCES OF
THE CITY OF WEST CHICAGO FOR OUTDOOR DINING
BE IT ORDAINED by the City Council of the City of West Chicago, Illinois, in regular
session assembled, that the City Code is amended as follows:
Section 1. That Appendix G, Section 2.1, of the Code of Ordinances of the City of West Chicago
entitled “Annual Licenses and Related Fees” is hereby amended to add the following fee:
Outdoor Seating License Agreement .....850.00
Section 2. All ordinances and resolutions, or parts thereof, in conflict with the provisions of this
Ordinance are, to the extent of such conflict, expressly repealed.
Section 3. This Ordinance shall be in full force and effect from and after its passage, approval and
publication in pamphlet form as provided by law.
PASSED this day of , 2022.
Alderman L. Chassee Alderman J. Beifuss
Alderman J. Sheahan Alderman H. Brown
Alderman A. Hallett Alderman C. Dettmann
Alderman S. Dimas Alderman M. Birch-Ferguson
Alderman C. Swiatek Alderman M. Garling
Alderman R. Stout Alderman J. Short
Alderman J. Jakabcsin Alderman J. Morano
APPROVED as to form:
City Attorney
ADOPTED this day of , 2022
Ruben Pineda, Mayor
ATTEST:
Deputy City Clerk Valeria Perez
PUBLISHED:

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ORDINANCE NO. 22-0-0019
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF
WEST CHICAGO — CHAPTER 9 (LICENSES, PERMITS, AND BUSINESS
REGULATIONS), ADDING A NEW ARTICLE XXX — OUTSIDE SEATING IN THE
PUBLIC RIGHT-OF-WAY, SECTION 9-748 — 9-758
WHEREAS, the City of West Chicago (hereinafter referred to as “City”) is a body politic
and corporate, organized and existing pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1-1 et
seq.; and
WHEREAS, the City is authorized and empowered, under the Illinois Municipal Code, 65
ILCS 5/11-20-5 to regulate for the public health; and
WHEREAS, the City is authorized, pursuant to its police power, 65 ILCS 5/11-1-1, to carry
out the powers delegated to it under its grants of authority; and
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of
West Chicago, DuPage County, Illinois, as follows:
Section 1. Recitals. The facts and statements contained in the preambles to this Ordinance
are found to be true and correct and are hereby adopted as part of this Ordinance.
Section 2. Adoption. Chapter 9 of the Code of Ordinances of the City of West Chicago
shall be amended by the adoption of a new Article XXX as stated herein, which shall read as
follows:
“ARTICLE XXX.
OUTSIDE SEATING IN THE PUBLIC RIGHT-OF-WAY
Sec. 9-748. — Exemptions.
This article shall not be applicable to persons, businesses, or organizations that have
outside seating when such seating is located entirely on private property owned or leased by the
entity.
Sec. 9-749. — License Required.
It shall be unlawful for any person, business, or organization to place any tables, chairs,
or any other type of seating on a public sidewalk without first obtaining approval of a license
agreement for such from the City of West Chicago.
Sec. 9-750. — License Agreement
A license agreement shall be applied for each year in which a seating area on a public
sidewalk is proposed. A license agreement shall expire on November 1“ of the year it was issued.
License agreements are nontransferable and may not be assigned to a third-party.
Ordinance No. 22-0-0019
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Sec. 9-751. — Location
The seating area shall be located on the side of the public sidewalk furthest away from a
street and all tables and chairs shall be located up against the building. A seating area along the
street side of a sidewalk is prohibited. The seating area shall not obstruct ingress to and egress
from the licensed business nor any other business. A site plan shall be submitted at the time of
application for a License Agreement indicating the number and location of tables and chairs.
Sec. 9-752. — Minimum Pedestrian Clearance
A minimum of 36 inches in width shall remain free and clear from any obstructions on
the sidewalk within the public right-of-way for pedestrian traffic.
Sec. 9-753. — Prohibited Activities.
(a) No food or drink preparation may occur in the seating area or elsewhere on the public
sidewalk.
(b) No dishes, utensils, menus, or other similar items may be stored in the seating area or
elsewhere on the public sidewalk.
(c) No host/hostess station may be located in the seating area or elsewhere on the public
sidewalk.
(d) In addition to any requirement of the Smoke Free Illinois Act (4/0 ILCS 82), no
smoking shall be permitted within fifteen (15) of the seating area.
(e) No alcohol may be served within the seating area unless a Class L license has been
issued by the City. A Class L license shall allow alcohol to be served and consumed in
the seating area but in no event shall alcohol be served or consumed elsewhere on the
public sidewalk.
(f) No video gaming devices may be located in the seating area or elsewhere on the public
sidewalk.
(g) No speakers or other outdoor amplification, including live entertainment, is permitted
outside of the building. No speakers or other amplification, including live entertainment,
originating from within the building may be situated or positioned with the intention of
being heard from the seating area.
No signage, balloons, streamers, pennants, spinners, or any other object with the sole
Pp J
purpose of attracting vehicles or pedestrians to the seating area is permitted within any
portion of the public right-of-way.
Sec. 9-754. — Maintenance
The seating area and nearby sidewalk shall be maintained at all times in a clean, healthy
and attractive condition. This maintenance shall be the responsibility solely of the business. All
trash originating in the seating area shall be disposed of within the building. No litter shall occur
Ordinance No. 22-0-0019
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within the public right-of-way as a result of the seating area at any time. If the City determines
this requirement is not being met, the City may issue a notice of violation to the Licensee
requiring immediate removal of litter by Licensee. If any litter originating from the seating area
requires removal by the City, the Licensee shall be required to pay the Licensor the cost of
removal.
Sec. 9-755. — Duration
An approved seating area shall be permitted on the public sidewalk only between May 1*
and October 31%. The seating area shall be completely removed from the public sidewalk no later
than November 1*.
Sec. 9-756. — Liability Insurance.
Licensee shall purchase and maintain comprehensive general liability insurance of
$1,000,000 for each occurrence and a general aggregate limit for professional liability insurance
no less than $2,000,000. The City of West Chicago, its officials, agents, employees, and
volunteers shall be named as additionally insured. The additional insured is covered with respect
to liability arising out of any bodily injury, death of any person, or property damage resulting
from the use of the public right-of-way for the seating area. No endorsements or additional forms
shall modify or limit coverage provided to additional insured. Coverage provided to additional
insured shall be primary as it relates to use of public right-of-way for the seating area.
Sec. 9-757. — Application Fee
The application fee for a License Agreement shall be as prescribed in Appendix G.
Sec. 9-758. — Failure to Comply
Failure to comply with any requirements contained in this Article, or any requirement
contained in the approved License Agreement, may be cause for revocation of the license
agreement.”
Section 3. That all ordinances and resolutions, or parts thereof, in conflict with the provisions
of this Ordinance are, to the extent of such conflict, hereby repealed
Section 4. That this Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form as provided by law.
PASSED this___ day of 2022.
Alderman J. Beifuss ee ah Alderman L. Chassee at
Alderman J. Sheahan enter Alderman H. Brown - Tete
Alderman A. Hallett i, Alderman C. Dettmann oi.. om
Alderman M. Birch-Ferguson_ Alderman S. Dimas oe
Alderman C. Swiatek ‘lee Alderman M. Garling
Ordinance No. 22-0-0019
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Alderman R. Stout Alderman J. Short
Alderman J. Morano Alderman J. Jakabesin
APPROVED as to form:
City Attorney
APPROVED this day of . 2022.
Mayor, Ruben Pineda
ATTEST:
Deputy City Clerk Valeria Perez
PUBLISHED:
Ordinance No. 22-O-0019
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ORDINANCE NO. 22-0-0020
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF
THE CITY OF WEST CHICAGO, CHAPTER 3, ALCOHOLIC BEVERAGES
ARTICLE II LICENSING SECTIONS 3-10 AND 3-17
WHEREAS, the City of West Chicago (“City”) is a home rule unit under Article VII,
Section 6, of the Illinois Constitution of 1970; and
WHEREAS, subject to said section, a home rule unit of government may exercise any
power and perform any function pertaining to its government and affairs for the protection of the
public health, safety, morals, and welfare, including the retail sales and distribution of alcoholic
beverages; and
WHEREAS, further the Illinois Liquor Control Act of 1934, 235 ILCS 5/4-1 et seq. (“Act’’)
authorizes municipalities to license, control, and restrict the sales of alcoholic beverages within
their boundaries; and
WHEREAS, the City’s Liquor Control Commission has recently reviewed the existing
provisions relative to the retail sale and distribution of alcoholic beverages and has recommended
various revisions to ordinances pertaining to this topic, as codified in Chapter 3 Alcoholic
Beverages in the City’s Code of Ordinances and has recommended various revisions thereto; and
WHEREAS the City Council has reviewed the requested revisions as set forth hereinbelow
and has determined that the revisions are necessary and proper to update the City Code relative to
the retail sale and distribution of alcoholic beverages in the City.
NOW, THEREFORE, be it ordained, by the City Council of West Chicago as follows:
Section 1. The foregoing recitals shall be and are hereby incorporated as findings of fact
as if said recitals were fully set forth herein.
Section 2. That Section 3-10 (Classifications) of Chapter 3 (Alcoholic Beverages), of
the Code of Ordinances of the City of West Chicago is hereby amended to add the following
underlined text:
“(l)_ Seating Area on Public Sidewalk — Class L.
A Class L license shall authorize the holder of a Class A-1, A-2, A-3, E-1 or E-3
license _to_sell alcoholic beverages within a specified and approved licensed
seating area on a sidewalk within the public right-of-way adjacent to the specified
premises. A Class L license may only be issued to a holder of a Class A-1, A-2,
A-3, E-1 or E-3 who has obtained _a license agreement from the City of West
Chicago for such seating area. To qualify for a Class L license, an applicant must
first be issued and hold a current A-1, A-2, A-3, E-1 or E-3 license. The Class L
22-O-0020
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license is supplemental and in addition to the original license and does not replace
the original license.
All Class L License holders shall comply with the following requirements:
(1) All liquor service occurring in a licensed seating area shall end no later
than 10:00 p.m., and all liquor consumption shall end no later than 10:30 p.m.
(2) Patrons shall be seated within the licensed seating area at all times when
consuming alcoholic beverages.
(3) Alcohol may be served only by an employee of the restaurant eligible to
serve alcohol from the restaurant and only to patrons that are located within
the licensed seating area.
(4) No carryout service of any alcohol is permitted.
(5) No alcoholic beverages of any kind may be served in bottles.
(6) The service of alcoholic beverages shall be incidental to food service on
the premises and shall only take place for patrons ordering food.”
Section 3. That Section 3-17 (Outdoor Seating Areas) of Chapter 3 (Alcoholic
Beverages), of the Code of Ordinances of the City of West Chicago is hereby amended to add the
following underlined text:
“Holders of licenses, other than a Class C license, may sell and serve alcoholic
beverages in an outdoor seating area located on the licensed premises, provided that a
Class K license is secured, in addition to the underlying license. The seating capacity
and square footage of the outdoor seating area need not comply with the requirement of
the license for such, if any, but shall not be considered for purposes of determining
premises’ compliance with the minimum requirements for such under the license. A
Class K License is not applicable for outside seating located on a public sidewalk in the
right-of-way. Outside seating located on a public sidewalk shall require a Class L
License subject to the terms and conditions of Section 3-10 of this Chapter 3 and of
Article XXX of Chapter 9 of the Code of Ordinances.”
Section 4. That if any section or provision of this Ordinance is construed to be invalid
or void, the remaining sections or provisions shall remain in full force an effect thereafter.
Section 5. That this Ordinance shall be in full force and effect after its passage, approval,
and publication in pamphlet form as provided by law.
22-0-0020
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PASSED this day of , 2022.
Alderman L. Chassee are Alderman J. Beifuss oe
Alderman J. Sheahan eat Alderman H. Brown "et
Alderman A. Hallett shy: = Alderman C. Dettmann Poel
Alderman S. Dimas a Alderman M. Birch-Ferguson
Alderman C. Swiatek ae Alderman M. Garling a
Alderman R. Stout Fae Alderman J. Short ao
Alderman J.Jakabesin Alderman J. Morano be,
APPROVED as to form:
City Attorney
APPROVED this day of , 2022.
Ruben Pineda, Mayor
ATTEST:
Deputy City Clerk Valeria Perez
PUBLISHED:
22-O-0020
pg. 3