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R-20-31VILLAGE OF DEERFIELD RESOLUTION NO. 2020-3 A RESOLUTION PROVIDING VILLAGE PERSONNEL DIRECTION TO PROVIDE ADDITIONAL FLEXIBILITY TO FOOD AND BEVERAGE SERVICE ESTABLISHMENTS TO FACILITATE OUTDOOR SERVICE DURING THE COVID-19 EMERGENCY WHEREAS, on March 9, 2020, the Governor of the State of Illinois ("Governor's declared a State of Emergency related to the COVID-19 pandemic; and WHEREAS, on March 16, 2020, the Governor issued Executive Order No. 2020-07, which prohibited all businesses within the State that offer food or beverages for on -premises consumption — including restaurants, bars, grocery stores, and food halls ("Food and Beverage Service Establishments") — from providing on -premises service of food and beverages and limited their operations to delivery and carry -out services only, which Executive Order was extended by Executive Order 20-33; and WHEREAS, of the many businesses within the Village that have been significantly and adversely affected by the ongoing COVID-19 pandemic, Food and Beverage Service Establishments have been particularly hard-hit by the prior requirements that they cease providing on -premises services while Phase 1 through 3 the Governor's Restore Illinois Plan was in effect; and WHEREAS, Food and Beverage Service Establishments are crucial parts of the social and economic fabric of the Village and have worked diligently and creatively since entry of the Executive Order to continue their operations and provide carry -out and delivery service to residents of the Village and neighboring communities; and WHEREAS, although "Phase 4" the Governor's Restore Illinois Plan permits Food and Beverage Service Establishment to allow limited on -premises consumption subject to strict social distancing and maximum occupancy guidelines, Food and Beverage Service Establishments are still being hard-hit by the Governor' regulations; and WHEREAS, continuing to providing Food and Beverage Establishments additional flexibility to provide outdoor on -premises services ("Outdoor Services') will assist Food and Beverage Establishments and help keep Village residents, guests, and Food and Beverage Establishment employees safer than if people engaged in indoor on -premises consumption; and WHEREAS, the Village desires to continue to be creative and innovative in helping its Food and Beverage Service Establishments expand their options to conduct Outdoor Service and recognizes the Governor's encouragement that all Illinois municipalities provide such assistance and support; and WHEREAS, the Village recognizes that strict enforcement of certain requirements of the "The Municipal Code of the Village of Deerfield, Illinois, 1975," as amended ("Village Code'), and "The Deerfield Zoning Ordinance 1978," as amended ("Zoning Ordinance"), (00115787.11 that would otherwise -apply to Outdoor Service may not be practicable or desirable during the ongoing COVID-19 pandemic; and WHEREAS, in recognition of the challenges faced by residents and business in the Village, including the particular impacts on Food and Beverage Service Establishments, it may be prudent and desirable to permit Food and Beverage Establishments additional flexibility and not necessarily strictly enforce otherwise -applicable provisions of the Village Code and Zoning Code to facilitate Food and Beverage Service Establishments to more easily provide Outdoor Service during the COVID-19 emergency; and WHEREAS, the Village Board has determined that it will serve and be in the best interest of the Village and its residents for the Village personnel to provide Food and Beverage Service Establishments additional flexibility while this Resolution remains in force and effect; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows: SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the Village Board. SECTION TWO: DIRECTIVE TO VILLAGE PERSONNEL. Village personnel are hereby authorized and directed to permit Food and Beverage Establishments additional flexibility and not necessarily strictly enforce otherwise -applicable provisions of the Village Code and Zoning Code to facilitate Food and Beverage Service Establishments to more easily provide Outdoor Service during the COVID-19 emergency. This directive will expire upon the earlier to occur of (i) the Governor's authorization for Food and Beverage Service Establishments to fully resume indoor on -premises service without COVID-19 related restrictions and (ii) 120 days from the effective date of this Resolution. SECTION THREE: EFFECTIVE DATE. This Resolution will be in full force and effect from and after its passage, approval, and publication in the manner provided by law. [SIGNATURE PAGE FOLLOWS] (00115787.1) 2 AYES: ��K /0i 5�r)�+L+e; s �� emsS a� ���; , Sfi�utk(6) NAYS: ( 0 ) Nd� L ABSTAIN: ABSENT: PASSED: J- IY �� 262-0 APPROVED: Ju ( i &f 2z, z� RESOLUTION NO: 1Z- ZD 2 p 1 31 Harriet Rosenthal, Mayor ATTEST: K nt S. Street, fillage Clerk {00115787.1) 3