Council committee debates allowing dogs at outdoor dining; staff to draft criteria, likely exclude public right-of-way for now

Staff told the Administration, Technology and Community Health Committee that the Illinois Department of Public Health’s 2022 food code (effective this year) now allows local authorities to permit dogs in outdoor dining areas; the 2017 code did not. The village’s current practice had been to prohibit animals except service animals.

Mike (staff) outlined possible conditions for allowing dogs: restaurants would need to apply and receive business-level approval, dogs must be leashed, premises must provide a plan to handle unruly animals, dogs must not travel through interior dining to reach the outdoor area, no dogs on furniture, signage must show exactly where dogs are permitted, and establishments must document waste-management and cross‑contamination plans for bowls and utensils.

Staff raised a second threshold: how to treat outdoor dining on private property versus dining in the public right‑of‑way (sidewalk cafés). Some downtown sidewalk dining areas have perimeter fencing (for example, Tap House) while others do not (e.g., Lamplighters’ sidewalk seating). Staff said a barrier provides separation between pedestrians and dining animals and noted the village’s license agreements and 36‑inch pedestrian clearance requirements complicate adding fencing in some downtown locations.

Council members were split. Councilman Kozlowski said he is opposed to dogs in dining areas, citing concerns about cleanliness and patrons with allergies. Councilman Mueller and others favored allowing dogs under the restrictions staff proposed, saying it should be an individual business decision. Several members emphasized the need for enforceable criteria and a post‑season review: if problems arise, the village could revoke permissions or amend licensing agreements. Staff noted liability questions had been reviewed internally and said liability would not increase under the proposal; legal and license‑agreement language could be updated if the village allows dogs in the downtown license areas.

By the end of discussion a majority of the committee members present agreed to have staff return with a detailed proposed ordinance and criteria. Staff said it would likely recommend that public right‑of‑way dining in the downtown area be excluded from the initial program because of pedestrian conflicts and space constraints; private-property patios and raised/decked areas that provide separation would be easier to permit.

— Ending: Staff will draft specific criteria, proposed license‑agreement language for downtown sidewalk dining, and a plan for a seasonal review so the council can evaluate enforcement impacts and community response.