Resolution No. 179-20/21 Extending Mayor's Executive Order Regarding Outdoor Sales Areas
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, in order to facilitate the reopening of restaurants for outdoor dining, the Mayor issued an executive order on May 27, 2020, pursuant to the emergency powers granted him by Title 1, Chapter 5A, Section 3 of the Pekin City Code and resolution of this Council, relaxing the requirements of certain provisions of the City Code with regard to outdoor sale of alcohol and use of City streets and sidewalks for outdoor dining purposes; and
WHEREAS, the City Council of the City of Pekin, through Resolution No. 135-20/21, passed on June 22, 2020, extended the Mayor's executive order regarding the outdoor sale of alcohol and use of City streets and sidewalks for outdoor dining through October 31, 2020; and
WHEREAS, the State of Illinois remains in Phase 4 of the Restore Illinois Plan for reopening businesses, which includes continued restrictions on indoor dining at restaurants and taverns; and
WHEREAS, the City Council finds it is in the best interest of the City to extend the application of those provisions of Resolution 135-20/21 through April 30, 2021, with certain modifications to address use of external heating sources, in order to further facilitate outdoor service at restaurants and taverns in addition to any indoor dining that is permitted in a limited capacity, to the extent permitted by Order of the Governor or directive from the Illinois Department of Public Health, in order to allow restaurant and tavern owners to maximize their capacity to serve customers while indoor dining remains limited.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEKIN, TAZEWELL COUNTY, ILLINOIS, THAT:
Section 1. The recitals set forth above are found to be true and correct and are incorporated herein.
Section 2. 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 3-3-5-1of the City Code.
c. The requirement that a beer garden be accessible only through the licensed premises is
waived for so long as this Resolution remains in effect.
d. All restrictions, requirements, and limitations of Title 3, Chapter 3 of the City Code remain in
full force and effect unless otherwise modified herein.
Section 3. 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 so long as this Resolution remains in effect, 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 Resolution, 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. No open flame
heating source shall be used unless approved by the Fire Chief or his designee.
h. Tents may not be used in very inclement weather, which shall specifically include
thunderstorms, hail storms, high winds, 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,
except as permitted by a Special Event permit issued pursuant to Title 6, Chapter 5of the City
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 Resolution.
Section 4. The provisions of this Resolution shall remain in effect through April 30, 2021.
ADOPTED AND APPROVED at a regular meeting of the City Council of the City of Pekin this 26th day of October, 2020
Mayor Mark A. Luft