Submitted By
Tammie Grossman, Director, Development Customer Services
Reviewed By
AMZ
Agenda Item Title
Title
An Ordinance Authorizing Outdoor Dining in the Village of Oak Park in 2022 and Waiving Associated Permit Fees for Both On-Sidewalk and On-Street Dining
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Overview
Overview
As a part of the Village’s ongoing support of Oak Park restaurants as they recover from the COVID-19 emergency, the Ordinance provides for a continuation of the waiver, began in 2020, of required on-sidewalk outdoor dining permit fees for the 2022 season and also allows, where applicable and allowable, for restaurants free utilization of adjacent on-street public parking spaces to continue the Covid-19 related expansion of outdoor dining in Oak Park.
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Recommendation
Recommendation
Adopt the Ordinance.
Fiscal Impact
The outdoor dining season in Oak Park runs approximately 35 weeks, or 244 days, from April 1st to November 30th. Permit fees for outdoor dining were waived in both 2020 and 2021, for both on-sidewalk and on-street dining. The last year that the Village has data available for a complete season of outdoor dining permit revenue is 2019. During that year, 47 businesses were permitted for outdoor dining and the total amount of Village permit fees collected was $8,654.51.
By ordinance, outdoor dining permit fees include a $50.00 base fee, and then .50 cents is charged per the square footage utilized by each business. For reference, almost half of the permits issued in 2019 totaled $130.00 or less. This system results in restaurants that utilize the greatest amount of public property paying the largest permit fee and those restaurants with limited frontage, who utilize less square footage of sidewalk, paying less.
In terms of traditional outdoor dining that has occurred on public sidewalks, permit fees have not increased since 2019. Using totals from that year as a guide, staff would expect the waiver of outdoor dining on-sidewalk permit fees in 2022 would result in a loss of approximately $8,500 to $9,000 in permit revenue.
In terms of any outdoor dining that occurs on public parking spaces immediately adjacent to the restaurant in question, in 2021 the Village permitted 15 restaurants to utilize 22 on-street public parking spaces for outdoor dining, free of charge. By ordinance, the lowest fee charged for the use of a metered public parking space is $20.00 a day. The Village now owns all the cement barriers utilized to ensure the safe utilization of on-street dining spaces. If the Ordinance is approved, those Village-owned barriers would again be utilized where appropriate and allowed.
Background
Outdoor dining on public property is governed by Chapter 22 (“Streets and Sidewalks”), Article 10 (“Commercial Use of Sidewalk Space”) of the Oak Park Village Code. The outdoor dining season runs approximately 35 weeks, or 244 days, from April 1st to November 30th.
In May of 2020, the Village Board approved the waiver of outdoor dining permit fees and that was continued in 2021. While businesses must still follow normal procedures and get a permit to ensure that Village requirements are followed, no permit fees were charged. Approval of this Ordinance would again, for a third year, continue the practice of businesses submitting a permit application but the Village waiving both on-sidewalk and on-street outdoor dining permit fees for the upcoming 2022 season. Further, the Ordinance provides that restaurants must continue to comply with any state guidelines to ensure safe outdoor dining.
Alternatives
Re-institute the charging of on-sidewalk outdoor dining permit fees and remove the availability of restaurants, where appropriate, to utilize on-street dining.
Previous Board Action
On May 18, 2020, the Village Board considered these matters as a part of the business Task Force recommendations. The Village Board again acted on these issues on May 28, 2020.
Citizen Advisory Commission Action
N/A
Anticipated Future Actions/Commitments
N/A
Intergovernmental Cooperation Opportunities
N/A