Outdoor Dining Permit

Please read the information below on Outdoor Dining Permits.  There is no fee for obtaining an Outdoor Dining Permit.

Once you have understood the terms and conditions, feel free to submit this application:

Outdoor Dining Permit Application and Indemnification Agreement

City of Sullivan
Outdoor Dining Permit Application Package

Congratulations on your interest in conducting an outdoor use on the sidewalk in front of your business in downtown Sullivan.  The City of Sullivan supports appropriate outdoor uses within the public sidewalk as a valuable contributing factor to achieving a lovely, vibrant streetscape environment.  Carefully operated outdoor uses can provide a unique dining experience-which is a fantastic amenity to residents and visitors, is a benefit to shops and restaurants, and ultimately strengthens the economic stability of the downtown.

The City of Sullivan has adopted Design and Operational Guidelines for Outdoor Uses with the Public Right of Way to regulate proposed public outdoor uses.  Parties wishing to obtain approval for an outdoor use within the public right-of-way (ROW) should review these Guidelines and submit a completed application. On this site you should find help with the following:

Once a fully completed application is received by the City, it will be reviewed by the City Clerk and/or the City Council.  A determination will be made regarding approval of the request.  The applicant will be notified of the City’s approval or denial.  The applicant or any interested party may file an appeal of the determination within fourteen (14) days of the decision.  Appeals will be timely considered by the Mayor and City Council Members.

Once a permit is approved, the applicant must submit a certificate of insurance demonstrating compliance with the revocable permit insurance requirements.  The applicant must also sign the permit indicating approval of the standard permit conditions and any specific conditions imposed for the subject application.

Once you have reviewed this information, you are encouraged to call City Clerk Monte Johnson at 217-728-4383 should you have any questions.

Download a sample Site Plan and sample Product Specifications

Standard Conditions set by Ordinance

33-9-1 – PERMIT. An application generated by the City of Sullivan (hereinafter “City”) shall be provided to any owner of a licensed restaurant within the City who desires to implement outdoor dining and seeks to utilize public sidewalk right-of-way for restaurant sales. Outdoor dining on private property within these districts is also allowed subject to compliance with regulations except as noted herein.

33-9-2 – FEE. There shall be no annual permit fee.

33-9-3 – CRITERIA FOR GRANTING OF THE PERMIT. In reviewing the application the City Clerk or his designee must ascertain that the following criteria are satisfied prior to granting the permit.

A. Arrangement. A drawing of the proposed sidewalk utilization identifying placement of all tables, chairs and any other item to be placed on the sidewalk must accompany the application if the permit application is to be reviewed for compliance. Said drawing shall be identified as the arrangement of tables and chairs (hereinafter “Arrangement”).

B. The City Clerk or his designee shall review the proposed Arrangement within the Area to determine whether the Arrangement allows for pedestrian, vendor and handicapped access consistent with the width of the sidewalk and the relationship of the sidewalk to streets, crosswalks, parking and access to adjacent businesses. However, at a minimum, the Arrangement shall demonstrate that at leave five (5) feet of unobstructed space is set aside on the sidewalk between the Arrangement and the curb or nearest obstacle. Signs are not allowed in the outside table service area. Further, a divider shall be required which shall separate the sidewalk café from the remaining sidewalk area by a removable divider constructed of a sturdy material such as wrought iron, metal or wood posts and chains, or other such materials deemed safe to the appropriate location. The divider shall not be less than three (3) feet nor more than four (4) feet in height. The entirety of the Arrangement shall be enclosed within this divider. On private property these regulations shall be applicable as to the divider requirement only.

C. Applicant must acknowledge by signature his awareness that food may be sold outdoors only under the provisions of the permit granted under this ordinance, and only within the Arrangement as defined and under the following conditions:

1. Sales shall occur only within an area of the zoned premises approved by the City and that limits access to the outdoor dining area.

2. Alcoholic beverages cannot be sold within the outdoor dining area under any circumstances.

D. Area. The area in which sidewalk dining is authorized shall abut the outside front wall of the restaurant to which it is an extension and shall not extend parallel in either direction beyond the outside front wall of the restaurant. Not applicable as to private property.

33-9-4 – REGULATIONS. The use of the space by the permitee must conform to the Arrangement which was approved as part of the application process.

A. All tables and furniture shall be kept in a good state of repair and be maintained in a clean, safe, and sanitary condition and in accordance with Moultrie County Health Department Regulations.

B. A covered trash container of at least 32 gallon capacity, containing a disposable plastic liner or bag shall be provided within each sidewalk café area and shall be emptied and washed as often as necessary to prevent overflow or other unsanitary conditions. It shall be the responsibility of the permitee to maintain such area, including sidewalks, and all equipment and furnishings in such conditions so as to be clean, sanitary, and safe at all times.

C. All components of the Arrangement shall be placed indoors at the close of the business day or 10:00 p.m. whichever is earlier every day, i.e. leaving the outside space free of any furnishings whatsoever.

D. No music, recorded or live, or other amplified sound shall be allowed within the area of the Arrangement, and umbrellas, when used, shall have canopies which extend to at least the same diameter as the tables served by the umbrellas and shall be anchored with a weighted base. No text, graphics, or logos shall be allowed on the umbrellas or tables, and all umbrellas must be matching in color and size. The umbrella can be of any one of the following colors: black, white, dark green, dark blue, beige, dark red, or maroon and must be approved by the City Clerk or his designee. The umbrella panels may alternate colors so long as no more than two (2) colors are used alternating on the umbrella panels. However the umbrellas used throughout the Arrangement must be identical in size and colors chosen.

E. The City may suspend or modify the permits granted under this ordinance at any time, including but not limited to, the time in which the City may grant permits for special events. The City Clerk upon petition of the Commissioner of the Department of Public Works and Buildings shall have the authority to require any sidewalk café operating under a permit issued pursuant to this ordinance to suspend operation and clear such area, or to move or modify the location or operation of the sidewalk café, and to set a required time period for compliance with the order of the City Clerk.

33-9-5 – INDEMNIFICATION OF THE CITY.

A. As a condition of issuance, the approved applicant and any person acting under or pursuant to said approval, agrees to indemnify, hold harmless, release and defend (even if the allegations are false, fraudulent, or groundless) to the maximum extent allowed by law, the City Clerk, the City, its City Council, and each member thereof, and its officers, employees, advisory board members and representatives, from and against any and all liability, loss, suits claims, damages, costs, judgments, and expenses (including attorney’s fees and costs of litigation) which in whole or in part result from, arise out of, or are claimed to result from or to arise out of any acts, negligence, errors, or omissions of approved applicant, its employees, representatives, contractors, subcontractors, or agents by reason of or arising out of, or in any matter connected with, any and all acts, operations, privileges authorized, allowed or undertaken pursuant to the use approval under their ordinance including, without limitation, any condition or property used in operations.

B. This agreement of indemnity includes, but is not limited to, personal injury (including death at any time), and property or other damage sustained by any person or persons (including, but not limited to, companies, corporations, approved applicant and its employees or agents, and members of the general public).

C. As a further condition of issuance of the approval, the approved applicant covenants not to sue the City Clerk, or designee, City, its City Council and each member thereof, and its employees, agents and representatives and shall cause its insurers to waive subrogation against the same with respect to any action, claim or demand in any way resulting from or connected with any or all undertakings and operations conducted pursuant to the use approval.

33-9-6 – LIABILITY INSURANCE. The approved applicant shall be required to have general liability insurance providing for the following limits naming the City as an additional insured in the following minimum amounts: $1,000,000 per person, $1,000,000 per occurrence, and $1,000,000 umbrella coverage. Not applicable as to private property.

33-9-7 – PENALTIES FOR VIOLATION. Any violation of this Ordinance shall be punished by a fine up to One Hundred Dollars ($100.00) for each offense via citation. Each day in which a violation continues shall constitute a separate offense.