Executive Order of the Mayor

Suspension of Permit Requirement for Sidewalk Cafes

WHEREAS, on March 9, 2020, the Governor of Illinois declared all counties in the State of Illinois as a disaster area in response to the outbreak of the COVID-19 disease; and 

WHEREAS, on March 18, 2020, the Mayor declared a Local State of Emergency, pursuant to Section 11-1-6 of the Illinois Municipal Code (65 ILCS 5/11-1-6), Section 11 of the Illinois Emergency Management Agency Act (20 ILCS 3305/11), and Section 1-5A-3 of the City Code, which declaration was subsequently renewed and extended by the City Council; and 

WHEREAS, on March 20, 2020, the Governor of Illinois issued Executive Order 2020-8, which, among other things, orders all individuals to stay at home except to conduct certain essential activities, closes all non-essential businesses, and prohibits gatherings of 10 or more people, which stay-home order has been extended and modified by subsequent Executive Orders; and 

WHEREAS, on May 20, 2020, the Governor of Illinois announced the limited reopening of restaurants for outdoor dining only, effective May 29, 2020, as part of a phased Re-opening Plan for Illinois businesses, and 

WHEREAS, the Mayor finds it is in the best interest of the City to facilitate and encourage the reopening of restaurants and taverns for outdoor service, to the extent permitted by Order of the Governor, while at the same time establishing restrictions and guidance on such reopening in order to best protect the public health and welfare. 

NOW, THEREFORE, IT IS ORDERED AS FOLLOWS: 

1. Commencing May 29, 2020, restaurants and taverns holding a Class A liquor license may operate an outdoor sales area or beer garden, as those terms are defined in Section 3-3-1 of the City Code, subject to the following restrictions:

           a. The outdoor sales area must include an outside perimeter marked by a barrier that prevents passage into and out of the service area, except for specifically designated places of ingress and egress. Such barriers may be temporary and movable. All means of ingress and egress for the outdoor service area must comply with the directives of the City's Fire Department. 

           

           b. The Local Liquor Commissioner shall have authority to implement hours and days of operation for an outdoor sales area or beer garden that are different from the closing hours established in Section 3-3-5-1 of the City Code. 

        

           c. The requirement that a beer garden be accessible only through the licensed premises is waived for the duration of this Order. d. All restrictions, requirements, and limitations of Title 3, Chapter 3 of the City Code remain in full force and effect unless otherwise modified by this order.

2. Commencing May 29, 2020, any restaurant, tavern, or other establishment that serves food or beverages for consumption on the premises may establish and maintain an outdoor sales area for service of food and beverage, subject to the following terms and conditions:

          a. All social distancing, sanitation and safety precautions, and other limitations imposed by order of the Governor or guidance of the Illinois Department of Public Health or the Tazewell County Health Department must be adhered to. This includes, but is not limited to, spacing of tables, use of masks or face coverings by staff and patrons, access to restrooms inside the premises, sanitation of tables, restrooms and other common areas between guests, and limits on the number of people per table or per establishment.

         b. The outdoor sales area must be constructed on the property owned by the business providing the outdoor service of food or beverage, or the business must be able to provide documentary evidence that it has a legal right to use the property for providing the outdoor service of food or beverage served by its business. 

         c. No tables, benches, or other seating areas may be located in such a manner as to block sidewalks or interfere with pedestrian traffic thereon. Tables, chairs, benches, umbrellas and other equipment shall be located so that there remains open, at all times, a longitudinal walking space of a minimum of four (4) feet in width. 

         d. No tables, benches, or other seating areas may be located in any public street or road, including in any parking lane or space thereon or immediately adjacent thereto, unless the owner of the restaurant or tavern has first obtained a Special Event Permit from the Mayor pursuant to Title 6, Chapter 5 of the City Code. Any and all terms and conditions of such Special Event Permit imposed by the Mayor must be complied with, including, but not limited to, area designated for the special event, erection of barriers to separate patrons from road traffic, and hours of operation of the special event.

         e. The permit requirement for sidewalk use pursuant to Section 4-2C-1 of the City Code is suspended. Sidewalk use for purposes of establishing an outdoor sales area shall not be limited to the B-2, Central Business District, but shall be permitted in any zoning district within the City for the duration of this Order, subject to the restrictions herein.

         f. Outdoor sales areas must be immediately adjacent to the restaurant or tavern establishment operating such outdoor use. For purposes of this Order, an area separated from the establishment providing the outdoor service by any street or public way is not "immediately adjacent to the establishment.

        g. All outdoor sales areas must comply with all directives of the City's Fire Department, which shall include any directives addressing fire lanes, property and outdoor service area ingress and egress points, fire extinguishers, and use of external heating sources. 

        h. Tents may not be used in very inclement weather, which shall specifically include thunderstorms, hail storms, excessive wind, and other severe weather events, or when such an event is reasonably  forecast to occur, including, but not limited to, when a severe weather warning has been issued by the National Weather Service.

       i. No live music or other live entertainment shall be permitted within an outdoor sales area.

       j. The City's Zoning Administrator may provide a written waiver of off-street parking requirements of the City's Zoning Code in order to facilitate the establishment of outdoor sales areas pursuant to this Order. 

3. The provisions of this Order shall remain valid throughout Phase 3 and any subsequent phases of the Re-Opening Plan up to and until restaurants and bars are allowed to be at greater than 50% capacity for dine-in services, unless sooner modified or repealed by act of the Mayor or the City Council.

4. This Order is issued pursuant to the powers granted to the Mayor pursuant to Title 1, Chapter 5A, Section 3 of the Pekin City Code.