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Batavia Mayor issues Executive Order establishing temporary permit application to expand outdoor seating

The temporary permit to expand or create outdoor seating is to be submitted to the City, and there is no fee

Wilson Street in downtown Batavia.
Wilson Street in downtown Batavia.

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BATAVIA – In anticipation of entering Phase 3 of the state government's Restore Illinois Plan on May 29, Batavia Mayor Jeff Schielke issued an Executive Order that establishes a temporary permit process and outlines other details for restaurants that are planning to expand or create outdoor seating.

The application for the temporary permit to expand or create outdoor seating is to be submitted to the city, and there is no fee.

Before formally using the expanded seating area for patrons, the request must be approved by the City, and a City building official will conduct an inspection.

The Order specifies a plethora of conditions, including tables and chairs are to be placed maintaining a six foot distance between other tables.

The application should include an aerial drawing that shows the existing outdoor seating area (if applicable) in a dotted line – and the proposed, expanded seating area in a solid line.

If the proposed seating spills into an existing parking area, the applicant should notate how traffic flow will be handled if the request is approved.

The Order also stipulates that if the applicant is not the owner of the property on which the expanded seating area is located, it must obtain a signature from the property owner.

If the property is publicly owned, a separate application must be filled out and the applicant must enter a license agreement with the City.

If the proposed seating area encroaches on a parking area and/or alcohol is being served, the seating area must be enclosed with a snow fencing at least three feet high. Any covering over the seating area may not have side walls and is to be properly anchored.

The applicant will still need to adhere to the vast requirements previously outlined by the governor's previous executive orders, the Illinois Dept. of Public Health and the Illinois Liquor Control Act.

The temporary permit applications are available on the City's website, and can be viewed here. The full Executive Order can also be viewed here.

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