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Ordinance 2020-30 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO.2020-30 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, APPROVING OUTDOOR RESTAURANT SALES AND LIQUOR SERVICING DURING THE PANDEMIC Passed by the City Council of the United City of Yorkville,Kendall County,Illinois This 26'day of May, 2020 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County,Illinois on June 19,2020. Ordinance No. 2020-30 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, APPROVING OUTDOOR RESTAURANT SALES AND LIQUOR SERVICING DURING THE PANDEMIC WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, on March 11, 2020 the World Health Organization characterized the COVID-19 outbreak as a pandemic; and. WHEREAS, J.B. Pritzker, Governor of the State of Illinois (the "Governor"), declared all counties in the State of Illinois as a disaster area on March 9, 2020 in response to the outbreak of COVID-19 in Illinois and on March 16, 2020 issued Executive Orders which closed all schools, governmental offices, non-essential businesses, and ordered all Illinois residents to stay at home, which orders have been extended to May 29, 2020; and WHEREAS, the Governor has recently issued a five-phase plan to reopen the state ("Restore Illinois"), guided by health metrics with distinct business, education, and recreation activities being expanded in each phase; and WHEREAS, the Governor has now issued an order that as of May 29, 2020, the state shall enter phase three of Restore Illinois permitting manufacturing, offices, retail, barbershops and salons to be reopened to the public with capacity limits and other safety precautions providing that gatherings shall be of ten or fewer people and face coverings and social distancing continue; and WHEREAS, bars and restaurants which can also be reopened with outdoor seating commencing May 29, 2020; and WHEREAS, the City currently has numerous restaurants which do not serve liquor; licenses seventeen bars and restaurants to serve liquor both indoor and outdoor; and, licenses fifteen bars and restaurants which can only serve liquor indoors ; and WHEREAS, the Mayor and City Council believe it to be in the best interests of City bars and restaurants to permit to provide outdoor service including all liquor license holders now licensed for "on premise" consumption pursuant to the Yorkville Municipal Code pursuant to the limitations and within specified areas as hereinafter provided.; and NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Ordinance No. 2020-30 Page 2 Section 1. All restaurants within the City and all holders of an A-1, BG, BH, C, R-1, R-2 and S class liquor license shall be permitted to provide service in any outdoor area subject to the following: a) The area where service shall be provided shall be owned, leased, or licensed to the licensee; b) The licensee must provide measures not to interfere with the operations of adjacent business and provide for the safety of its customers; c) The area to be used must be approved by the City Administrator or his designee; d) The area must be maintained at all times; and e) The restaurant owner must procure general liability insurance for any food service provided out of doors, and holder of a liquor license must have procured general liability insurance and liquor liability insurance to provide service in an outdoor venue and if any outdoor area which is owned by the City is used for outdoor food service or by the holder of liquor licenses, such insurance must name the City as additional insured. Section 2. The Mayor is hereby authorized to grant a license for the use of any City owned property to a restaurant or any holders of the class of liquor licenses as specified above, but only to the extent the public property is not required by the City for its use or the use of the public. Section 3. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law and shall sunset on December 31, 2020. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 26' day of May, 2020. City Clerk KEN KOCH AYE DAN TRANSIER AYE JACKIE MILSCHEWSKI AYE ARDEN JOE PLOCHER AYE CHRIS FUNKHOUSER AYE JOEL FRIEDERS AYE SEAVER TARULIS AYE JASON PETERSON AYE Approved by me, as Mayor of the United City of Yorkville, endall County, Illinois, this 8 day of J uve- , 2020. JV Mayor Ordinance No.2020-30 Page 3