§ 24-37. Additional requirements for outdoor restaurant seating and cooking areas located on public sidewalks or the public right-of-way.

In addition to the requirements set forth in section 24-36, issuance and continued enjoyment of the Outdoor Restaurant Seating License, where the seating will be located on a public sidewalk or right-of-way, shall be conditioned on the following:

(1)

The use of public sidewalks or right-of-way for cooking or outdoor restaurant seating shall be permitted only when incidental to the operation of a business licensed as a Category I and II Food Handler on private contiguous property and only along the frontage of said business.

(2)

Where the frontage of such business on private contiguous property is of such a length which would permit a maximum of fewer than four tables to be established pursuant to this section, the licensee may place additional tables on the public sidewalk immediately adjacent to the licensee's place of business, provided that:

a.

The additional sidewalk proposed to be used is in front of another commercial use and not a residential or institutional use; and

b.

The licensee has provided to the village the written consent of the business occupant, or owner if there is no business occupant, of the private contiguous property in front of which the additional tables will be placed; and

c.

The use of the sidewalk in front of adjacent property will not expand the total linear sidewalk frontage to be used by the licensee more than 100 percent over the linear sidewalk frontage of the licensee's own place of business.

1.

Upon receipt of notice from the business occupant, or owner if there is no occupant, of the property in front of which the tables will be located that the occupant has revoked the consent required in this subsection (2), the licensee shall promptly vacate the public sidewalk not along its own frontage.

2.

The licensee shall provide the village, in a form acceptable to the Corporation Counsel, the following:

(i)

An agreement to indemnify, defend, and hold harmless the village for any and all claims for liability or damages arising from the operation of the outdoor restaurant seating area; and

(ii)

A certificate of general liability insurance, workers compensation insurance, and, if applicable, dram shop insurance. The amount of required coverage shall be approved by the village's insurance carrier, but in no event shall liability coverage be in an amount less than $1,000,000.00 per occurrence and $500,000.00 per person. The village shall be named as an additional insured on the face of the certificate, and the insurer shall have no less than an "A" rating by the most recent AM Best Insurance Rating Guide.

3.

In no event shall the operation of the outdoor restaurant seating area or cooking area interfere with the passage of pedestrian or vehicular traffic, or reduce the open portion of the public sidewalk to less than five feet clear of all obstructions, measured from edge of the sidewalk closest to the curb (or lampposts or parking meters where such exist).

4.

In no event shall the placement of equipment or furnishings for the outdoor restaurant seating area or cooking area, or the operation of the outdoor restaurant seating area or cooking area obstruct access to any taxi stand, bus stop, crosswalk, mailbox, curb cut, parking space or any other public property, or obstruct necessary access to any fire hydrant, fire escape or fire door, or obstruct the clear view of any traffic signal, regulatory sign or street sign.

5.

The licensee shall be responsible for the maintenance and upkeep of the public right-of-way used for the outdoor restaurant seating area or cooking area and the replacement of damaged public property, including brick pavers. No furniture or furnishings may be attached by any means to the public sidewalk or any other public property.

6.

In the event of snowfall or when notified by the village to do so, the licensee shall promptly remove all equipment, furnishings and obstructions from the public sidewalk or right-of-way, so as to allow snow removal, to accommodate special events permitted by the village or to accommodate village repair or maintenance of the public sidewalk or right-of-way.

7.

No electrical appliances or conductors, open flame devices, spillable petroleum products or other flammable liquids, other than candles or lanterns of a type approved by the Site Plan Review Committee, shall be placed or kept in the outdoor seating area.

8.

The use of cooking devices in an outdoor cooking area, whether operated by electrical conductors or using open flame, charcoal, propane or other heat source, shall be subject to separate review and approval by the Site Plan Review Committee, which may require additional protective measures consistent with protecting public health and safety, including, but not limited to, ensuring safe distances form sources of heat and combustion and providing fire extinguishers or other protective measures.

9.

All cooking devices used in an outdoor cooking area shall be located in an area that is in compliance with the Wilmette Fire Prevention Code, as adopted and amended in section 8-524 and article XXI of chapter 12, air pollution.

10.

No furnishings and obstructions shall be permitted on the public sidewalk or right-of-way from November 1 each year through and including March 31 of the succeeding year.

(Code 1993, § 5-2.6.4; Ord. No. 96-O-40, 6-11-1996; Ord. No. 2010-O-23, 4-27-2010; Ord. No. 2011-O-24, 4-26-2011)