The following words and phrases shall have the meanings respectively ascribed to them when used in this article:
FOOD SERVICE ESTABLISHMENT
Any business that provides prepared food for immediate consumption, as defined in Chapter 39, § 39-1601, of the Bloomington City Code.
PERMIT AREA
The sidewalk area designated on the permit specifying the area of operation of the sidewalk cafe.
PERMITTEE
The person or entity operating a food service establishment who has received a permit allowing for the operation of a sidewalk cafe.
[Ord. No. 2006-6]
SIDEWALK CAFE
A use of public sidewalk by a food service establishment for the serving of food and beverages on the sidewalk immediately adjacent to the food service establishment, which use will be characterized by the sidewalk use of tables, and chairs and umbrellas.
[Ord. No. 2006-6; Ord. No. 2018-89; amended 10-14-2024 by Ord. No. 2024-079]
A. 
It shall be unlawful for any person to operate a sidewalk cafe without a sidewalk cafe permit.
B. 
The sidewalk cafe permit shall allow a food service establishment located in the B-3 Central Business District of the City to operate a sidewalk cafe subject to the requirements of this Code.
C. 
Subject to the requirements of the Code, the permit holder shall, as part of the right granted pursuant to the permit, be entitled to remove or exclude persons from the permit area during hours of business operation and such permittee is authorized to give notice to any such person to prevent such entry. No cover charge nor minimum purchase may be required for admittance to a sidewalk cafe area in the public right-of-way.
D. 
The fee for a sidewalk cafe permit shall be fee in an amount as set forth in the Schedule of Fees.
E. 
The sidewalk cafe permit shall expire annually on April 30 of each year and an application must be made for a sidewalk cafe permit each fiscal year. First-time licenses issued after January 1, 2025, shall expire on April 30, 2026.
Application for a sidewalk cafe permit shall be made on forms supplied by the City Clerk, and submitted to the Director of Public Works, together with the required fee, and shall, at minimum, include the following:
A. 
The name, address, and telephone number of the owner of the property and the establishment related to the permit.
[Ord. No. 2018-93]
B. 
A drawing or sketch which will include the dimensions of the proposed permit area and which shows the location and type of the tables, chairs, trash receptacles and other equipment proposed to be used, location of ingress and egress, the curbline and any existing public or utility-owned equipment facilities in or adjacent to the area proposed which are visible to the eye, including but not limited to parking meters, trees, manhole covers and utility poles or openings.
C. 
A statement as to whether the applicant intends to serve alcoholic beverages and if yes, a copy of a valid Class R or Class T liquor license.
[Ord. No. 2015-26]
D. 
An operations plan specifying the proposed dates, days and hours of operation of the sidewalk cafe, the hours of operation of the adjacent establishment, scheduled maintenance of the permit area, maximum seating capacity, and method of providing security and maintenance.
[Ord. No. 2015-26]
E. 
An original of a certificate of insurance listing the required coverage amounts and policy periods of the permittee's general liability policies.
F. 
An executed waiver of liability in a form approved by the City Attorney.
G. 
Any other information related to the requirements of this chapter that the Director of Public Works may require.
[Ord. No. 2018-93]
A. 
The Director of Public Works shall review the application for a sidewalk cafe permit and determine whether to issue the permit. No permit shall be issued pursuant to this article unless the Director of Public Works has determined the following:
(1) 
There are no outstanding fines, fees, taxes or other charges due and owed to the City by the applicant or the owners of the real property on which the establishment is located.
(2) 
The applicant has supplied all of the information required on or by the application, and any additional information requested by the Director of Public Works.
(3) 
All of the requirements of this article have been met.
B. 
The Director of Public Works may impose conditions upon the issuance of a sidewalk cafe permit in order to protect the use of adjacent right-of-way for its intended purpose, to prevent congestion of vehicular or pedestrian traffic flow and to otherwise carry out the purpose and intent of this article and this Code.
C. 
The Director of Public Works may deny an application for a sidewalk permit if the operation of a sidewalk cage in the location described in the permit would not be compatible with the use of surrounding property or that it is not in the interest of public safety or would otherwise unreasonably interfere with public use of the sidewalk, provided that the presence of another sidewalk cafe in close proximity to the proposed location shall not be cause to deny the permit unless there are public safety concerns.
D. 
The Director of Public Works shall not issue a sidewalk cafe permit to any person who has had a sidewalk cafe permit revoked for any of the reasons stated in § 38-950.
[Ord. No. 2018-93]
A. 
A sidewalk cafe is permitted only on sidewalks. The permit area shall be limited to the area immediately adjacent to the establishment requesting the permit, or on sidewalks contiguous to the sidewalk adjacent to the establishment.
B. 
No permit shall be issued for sidewalks abutting Madison Street and East Street between Locust Street on the north and Kentucky Alley on the south.
C. 
No permit will be allowed if seats or equipment in the sidewalk cafe result in the need for additional rest rooms or additional parking and unless such additional rest rooms or parking are provided, except that no alcoholic beverages may be sold or consumed after 10:00 p.m.
[Ord. No. 2015-26]
D. 
The hours when service is permitted at the sidewalk cafe shall be during business hours of the permittee provided however that alcoholic beverages may only be served or consumed within the permit area between the hours of 9:00 a.m. and 10:00 p.m. Monday through Saturday, and 12:00 noon to 10:00 p.m. on Sunday.
[Ord. No. 2015-26]
E. 
Any person making use of a sidewalk cafe shall do so in a reasonable manner with due regard for the health and safety of persons and property. No permittee shall make any physical alteration to public property without the written permission of the Director of Public Works. A permittee shall owe a duty to the City of Bloomington and third persons to maintain the permit area in a clean, safe and sanitary condition.
[Ord. No. 2018-93]
F. 
The permittee shall keep the permit area free of litter, cans, bottles and spills at all times. The permittee shall promptly collect and dispose of all litter, trash and other waste materials associated with the sidewalk cafe, including material in the adjacent public right-of-way or property originating from the sidewalk cafe. The permittee shall dispose of any such waste in their own trash containers only.
G. 
No cooking or food preparation shall be permitted at any time within the permit area.
H. 
Upon the expiration or other termination of a sidewalk cafe use permit, the permittee shall immediately remove all tables, chairs, furnishings, equipment and other items of personal property from the permit area. Any such items remaining upon the public right-of-way may be removed and disposed of by the City of Bloomington at the sole cost and expense of the permittee.
I. 
No live entertainment or sound amplification equipment shall be allowed at any time within the permit area. This provision shall not prohibit ambient background music. For purposes of this provision, "ambient background music" shall mean quiet music that is played at minimal volume such that it is not audible from adjoining property or public rights-of-way.
J. 
Furniture.
(1) 
Only the following types of furniture or other equipment may be located in an sidewalk cafe:
(a) 
Tables and chairs.
(b) 
Umbrellas.
(c) 
Waste receptacles.
(d) 
Busing carts.
(e) 
Temporary railings or landscaping used to demarcate the boundaries of the permit area.
(2) 
Said furniture and other equipment shall be portable, shall not be chained, bolted or otherwise secured together as a unit, shall not be affixed to the surface of the permit area, and shall be removed on a nightly basis.
K. 
The maximum allowable dimension for tables shall be 48 inches in diameter, 48 inches in width or length, and 30 inches in height.
L. 
Tables shall be freestanding with detached chairs or seating, unless it is determined that another design meets the intent of these regulations and a specific exception is permitted in writing by the Director of Public Works.
[Ord. No. 2018-93]
M. 
Umbrellas shall have a maximum diameter of eight feet, a weighted base and be fabric covered.
N. 
No signs, banners, sandwich boards or other like advertising, except for advertising permitted by the Sign Code, shall be located in the permit area.
O. 
Tables, chairs, umbrellas, and other permissible equipment shall be located in the sidewalk cafe area so that there remains open, at all times, a longitudinal walking space, the location of which shall be determined by the Director of Public Works or designee, of a minimum of four feet in width, with a cross-slope not to exceed Americans with Disability Act (ADA) requirements.
[Ord. No. 2018-93]
P. 
The placement of portable heaters must be reviewed and approved by the City's Fire Inspector.
Q. 
The Director of Public Works may promulgate administrative rules which relate to the requirements contained in this article. Such rules shall be attached to the permit and be followed by the permittee.
[Ord. No. 2018-93]
A. 
The use of a public sidewalk as a sidewalk cafe shall be subject to temporary suspension or termination at any time by the City in the interest of the public health, safety and welfare. To the extent that a permit area is needed by the City for the purposes for which it was dedicated, or any other public purpose, the City may immediately terminate the revocable use permit by sending written notice to the permittee and assume full possession and control of the permit area. The permittee shall remove all furniture from the right-of-way within the time specified by the notice. If the furniture is not removed by the permittee, the City shall be authorized to remove all furniture and other objects of permittee from the permit area.
B. 
If such furniture is not removed by the permittee within seven days after removal by the City, the property shall be presumed abandoned and subject to disposal according to law.
[Ord. No. 2006-6]
A. 
As an express condition of the issuance of the permit, each permittee shall agree in writing to indemnify and hold harmless the City against all claims, liability, loss, injury, death or damage whatsoever in connection with or arising out of the use of the sidewalk cafe by anyone, except where the claim is the result of the sole negligence of the City.
B. 
As an express condition of the issuance of the permit, the permittee shall agree to, within seven days after the billing date, pay to the City all costs associated with damage to the pavement or other City-owned facilities located in or adjacent to the permit area caused by operation of the food service establishment, or the cleaning of or trash removal from the permit area or adjacent premises occasioned by the failure of the permittee to clean or remove such trash.
C. 
The Director of Public Works is authorized to execute the agreements required in Subsections A and B above after the form thereof has been approved by the City Attorney.
[Ord. No. 2018-93]
[Ord. No. 2006-6]
All persons, prior to receiving a permit, shall procure and maintain for the duration of the permit, public liability and property damage insurance pertaining to the permit area in a minimum amount of $1,000,000 per person and $1,000,000 in the aggregate per occurrence and property damage in a minimum amount of $1,000,000, which shall name the City of Bloomington, its officers and employees as additional insureds and the same shall provide that the policy shall not terminate or be canceled prior to the expiration date without 30 days advance written notice to the City. Proof of such insurance, issued by an insurance company licensed to do business in the State of Illinois in the form of a certificate of insurance, shall be attached to the application.
Any sidewalk cafe permit may be revoked or suspended for a period not to exceed 30 days by the City Manager if the City Manager shall find after a hearing that:
A. 
The Permittee has failed to operate the sidewalk cafe in accordance with the regulations set forth in § 38-945 or any condition imposed on the issuance of the permit by the Director of Public Works.
B. 
The Permittee has failed to operate the sidewalk cafe in compliance with all codes pertaining to health and safety applicable within the City of Bloomington, including but not limited to, Building, Plumbing, Electrical and Fire Codes, Zoning Ordinances, McLean County Health Ordinances and orders of the McLean County Health Department.
C. 
The Permittee has failed to operate the sidewalk cafe in compliance with all codes and state laws pertaining to the sale, serving and consumption of alcohol within the City of Bloomington including any conditions placed on a license issued to Permittee for the sale of alcohol and any order of the Bloomington Liquor Commission.
[Ord. No. 2018-93]
[Added 6-28-2021 by Ord. No. 2021-52]
The City Manager is authorized to establish, by written executive order, guidelines and provisions that allow outdoor dining, which may waive or lower any applicable fees and may be inconsistent with the other provisions of this division.