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HomeMy WebLinkAboutOrd 3236 07/20/1982 ]~DIM~qCiE NO. 3236 AN ORDINANCE TO AMEND CHAPTER 9 ENTITLED "STREETS AND SIDEWALKS" OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS, WITH RESPECT TO THE ESTABLISHMENT OF A SPECIAL PERMIT GOVERNING USE OF THE PUBLIC SIDE- WALKS FOR RESTAURANT PURPOSES PASSED AND APPROVED BY I~HE PRESIDENT AND BOARD OF TRUS'±'m6S THE 20th DAY OF ~uly , 1982 Published in p~mphlet fo~m by authority of the co_?orate authorities of the village of ~Dunt prospect, IllJ_nois the 21st day of July , A.D. 1982. RDINANCE NO. 3236 AN ORDINANCE TO AMEND CHAPTER 9 ENTITLED "STREETS AND SIDEWALKS" OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS, WITH RESPECT TO THE ESTABLISHMENT OF A SPECIAL PERMIT GOVERNING USE OF THE PUBLIC SIDE- WALKS FOR RESTAURANT PURPOSES BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES )F THE VILLAGE OF MOUNT PROSPECT, ILLINOIS, COOK COUNTY, ILLINOIS: SECTION ONE: the Village amended, by Chapter 9 entitled "Streets and Sidewalks" of Code of Mount Prospect, Illinois, 1981, is hereby amending Article I thereof as follows: A. By amending Section 9.105 thereof entitled "Obstructions and Encroachments Regulated" by changing the first paragraph of said Section to read as follows: "Sec. 9.105. Obstructions and Encroachments Regu- lated. It shall be unlawful for any person, firm or corporation to erect, construct, cause, create or maintain any obstruction or encroachment on any street, alley, sidewalk, any other public right of way or on any public property except as such ob- struction or encroachment may be authorized by this Section, by special permit under Section 9.115 of this Article or by any other ordinance or provision of this Code." B. By amending Section 9.110 thereof entitled "Private Use" to read as follows: "Sec. 9.110. Private Use. It shall be unlawful for any person to use any street, sidewalk or other public place, as space for the. display of goods or merchandise for sale; or to write or mark any signs or advertisements on any such pavement; or for any other commercial purposes, except where such private use is authorized by special permit under Section 9.115 of this Article." C. By amending Section 9.114 thereof entitled "Penalty" to read as follows: "Sec. 9.114. Penalty. Any person violating any provision of this Article shall upon conviction be fined not less'than twenty-five dollars ($25.00) nor more than two hundred dollars ($200.00) for each offense; and a ~eparate offense shall be deemed committed on each day during or On which 'a violation occurs or continues." D. By adding a new Section 9.115 thereto, to be entitled "Commercial Use of Sidewalk Space - Special Permit" and to read as follows: "Sec. 9.115. Commercial Use of Sidewalk Space - Special Permit. The Director of Public Works is authorized herein to issue a special permit for the use of public sidewalk space for restaurant tables subject to the following conditions: The use of public sidewalk space for restau- rant tables shall only be permitted incidental to the operation of a restaurant on private contiguous property, and shall be limited to a period of time between 1t o'clock a.m. and 7 o'clock p.m. on any day of the week including Sunday. ao The use of sidewalk space permitted for res- taurant purposes shall not reduce, obstruct or encroach upon the open portion of any public sidewalk available for pedestrian travel to less than four (4) feet in width. Applications for the special permit provided for herein shall be submitted to and first reviewed by the Director of Public Works who shall in turn submit the same to the Director of Public Health for review and a report that all present restaurant operations of the ap- plicant are in accordance with applicable Village food service rules and regulations. Applications for the special permit provided for herein shall contain a statement by the applicant, under oath, that the applicant shall maintain the sidewalk area in a clean and safe condition; shall keep the required open portion of the sidewalk free from any obstructions or encroachments pertaining to restaurant use; and shall comply with all of the conditions of this Section. Applicants holding a valid liquor license shall be allowed to dispense alcoholic bev- erages within the restaurant area contained in this special permit, pursuant to the con- ditions and restrictions of the applicant's liquor license, and subject to the following additional restrictions: Only beer and wine shall be served within the sidewalk area covered by this Special permit. Alc6holic beverages shall be served in plastic or other non-breakable containers other than glass. - 2 - Eo lcoholic beverages shall be consumed at the restaurant tables provided within this special permit area and no such beverage or container shall be removed or carried away from the table where it is served. o Ail other provisions of this Code per- taining to the sale and consumption of alcoholic beverages including closing hours shall remain applicable and shall be in full force and effect with respect to the sale and serving of beer and wine pursuant to this special permit. The applicant shall furnish to %he Village evidence of public liability insurance, naming the Village as an additional party insured, and insuring the applicant and the Village against any liability resulting from the commercial use permitted pursuant to this Section. Liability insurance coverage shall be in an amount which shall not be less than $500,000.00 per occurrence. Ail tables, chairs and other furniture and equipment shall be removed daily by the ap- plicant from the public sidewalk area during periods of time when the permitted restaurant use is not in operation. Ail food shall be served on plastic or other non-breakable and disposable plates and utensils. An annual permit fee shall be charged for such special permit and shall be in an amount which is the sum of $50.00 plus .50 cents per square foot of sidewalk space used. Jo The permit issued herein shall be in effect for a period of one year, but may be revoked at any time for any reason by the Director of Public Works or by the Village Manager upon the giving of 2 days notice to the applicant at his business address. In the event of such revocation a pro rata refund shall be made to the applicant of that portion of the unused annual permit fee." SECTION TWO: This ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form in accordance with law. PASSED AND APPROVED this 20th day of AYES: Arthur Floros Miller Wattenberg Krause NAYS: Farley Murauskis ABSENT: None ATTEST: VILLAGE CLERK July , 1982