Sidewalk Cafes

Chapter 45

ARTICLE IV

Outdoor Dining

[Adopted 5-24-2005]

§ 45-29. Definitions.

As used in this article, the following terms shall have the meanings indicated:

OUTDOOR DINING -- Any outdoor cafe, sidewalk cafe, eating area or any food service accessory to a restaurant.

§ 45-30. Location restricted; permit and license agreement.

A. Outdoor dining may be allowed only in specified zones of designated property for outdoor dining adopted by the Zoning Commission.

B. Permit and license agreement.

(1) Outdoor dining proposed to be located entirely on private property is required to obtain a permit from the Director of Zoning or his/her designee pursuant to the Norwalk Zoning Regulations.

(2) Outdoor dining proposed to be located on a public sidewalk or land must meet the following requirements:

(a) A permit from the Zoning Department pursuant to the Norwalk Zoning Regulations;

(b) A license agreement by and between the City of Norwalk and the applicant for utilization of City-owned property.

(3) The application for a license agreement and required zoning permit shall be coordinated by the Director of Zoning or his/her designee.

§ 45-31. Application for permit and license agreement.

An application for a permit and license agreement to use public land for outdoor dining shall be filed with the Director of Zoning or his/her designee who shall determine whether the application complies with the following criteria:

A. Outdoor dining may be located on public sidewalks adjacent to or abutting the indoor restaurant which operates the outdoor dining. Outdoor dining shall extend no further than the actual street frontage of the operating restaurant.

B. Outdoor dining operation shall provide not less than five contiguous feet of sidewalk clear of obstructions to allow unimpeded pedestrian traffic. At street corner intersections there shall be a minimum of eight feet of unobstructed sidewalk. Obstructions shall include, but not be limited to, light poles, traffic signal poles, fire hydrants, utility structures and street signs. Further, the location of outdoor dining cannot obstruct the clear sight distance for vehicles or access or crossings for the disabled.

C. Outdoor dining operation shall meet all Building Code requirements and Zoning Code Regulations.

§ 45-32. Design standards.

A. Outdoor dining on public land shall have an approved enclosure. All planters, railings and fences associated with outdoor dining must be approved by the Director of Public Works. Railings, fences or other enclosures shall not be more than 42 inches in height and must be anchored in a manner to prevent movement. Railings and fences must be removed from the sidewalk and stored indoors when outdoor dining is not in seasonal operation unless the Director approves otherwise. No modifications shall be made to City property without approval of the Director of Public Works.

B. Furnishings for outdoor dining shall consist solely of movable tables, chairs and decorative accessories. Furnishings must be kept in a state of good repair and in a clean and safe condition at all times.

C. Awnings shall be adequately secured and retractable. Umbrellas over tables must be adequately weighted.

D. Tables, chairs, and all other furnishings or accessories may be left in place overnight during seasonal operation but shall be removed from the sidewalk and stored indoors whenever outdoor dining is not in seasonal operation. It shall be the responsibility of the licensee to secure furnishings and accessories that are left in place overnight.

E. Outdoor heaters, busing stations, trash receptacles, food preparation stations, and music shall not be permitted in the outdoor dining facility.

F. Outdoor dining shall be at the same elevation as the public sidewalk and any exceptions must be approved by the Director of Public Works. Paint, carpeting, artificial turf, platforms or other surfaces of any kind shall not be permitted at any time in the outdoor dining facility.

G. No sign shall be allowed at any outdoor dining facility except for the name of the establishment on an awning or umbrella fringe. One menu board sign may be displayed within the area of the outdoor dining, mounted on an easel or other easily removable fixture. The sign shall not exceed six square feet.

§ 45-33. License agreement terms and other requirements.

A. Anyone wishing to operate outdoor dining on public property must execute a license agreement by and between the applicant and the City of Norwalk.

B. The Director of Zoning or his/her designee will coordinate a license agreement application with Public Works Department, Health Department, Police Department, Redevelopment Agency, Fire Marshal and Code Enforcement Department. In addition to meeting the requirements of this article, the applicant shall be responsible for providing additional information requested by any City Department for its review.

C. Any requirements of other agencies which regulate restaurants or the public right-of-way must be adhered to, and the City of Norwalk shall incorporate any such requirements into the license agreement and shall not recommend a license agreement if the applicant has not received approvals for the operation from other agencies having any jurisdiction on its operation.

D. Any license agreement shall not in any way excuse an applicant from complying with any applicable requirement imposed by the Liquor Control Act of the State of Connecticut. Consumption of alcohol on such property is permitted only in accordance with any liquor permit, provided that such public consumption shall not violate any other state statute, state regulation or municipal ordinance.

E. The outdoor dining licensee must provide liability insurance in an amount determined by the Director of Finance, and must name the City as an additional issued in that policy.

F. All permit and license agreement fees shall be nonrefundable. The permit fee shall be $100 and the license agreement fee for the leasing of City property shall be $2 per square foot of leased space.

G. Outdoor dining license agreements shall be issued for an annual operation period from April 1 to November 1. Thereafter, the Director of Zoning or his/her designee may approve a renewal application and license agreement on an annual seasonal basis, provides a request is made for the renewal and after an inspection of the premises has been completed.

H. A performance bond shall be required as a condition of issuance of a license agreement in the amount of the license agreement fee.

I. The City may deny a license agreement or a renewal license agreement to operate outdoor dining if the proposed licensee has a history of violations of any of the requirements governing outdoor dining, fails to correct any violations when duly noticed, violates the terms of the license agreement or has any tax delinquencies.

J. A license agreement shall not be executed until all approvals are received.

K. Any violations of the requirements governing outdoor dining, the terms of the license agreement or failure to correct any violations when duly noticed by the City shall be deemed separate offenses and subject to a fine of $99.

§ 45-34. Operation and service requirements.

A. Outdoor dining may operate during regular business hours of the restaurant operating the outdoor dining but no later than 11:00 p.m. The license agreement shall be for all annual seasonal outdoor dining from April 1 through November 1.

B. The licensee of outdoor dining is responsible for keeping the premises clean at all times, including the public sidewalk and other furnishings of the outdoor dining. At no time should trash or debris of any kind be blown, swept or otherwise deposited into the street. The presetting of tables with utensils, glasses, napkins, condiments and the like is prohibited.

C. The City reserves the right and power to temporarily order the discontinuation of the operation of public outdoor dining at any time because of anticipated or actual problems or conflicts in the use of the sidewalk area. These situations include, but are not limited to festivals, parades, marches, road races, repairs to the street or sidewalk, or any other emergencies occurring in the area. To the extent possible, the licensee shall be given prior written notice of the time period during which the operation of outdoor dining will not be permitted by the City, but failure to give notice shall not affect the right and power of the City to prohibit outdoor dining operation at any particular time.

D. The City reserves the right and power to terminate the license agreement for any reason, including, but not limited to, a violation of any provision of this article and/or the terms of the license agreement.

E. Any aggrieved person may file an appeal to the Superior Court for the Judicial District of Stamford/Norwalk.

Chapter 195, SIDEWALK CAFES

[HISTORY: Adopted by the Borough Council of the Borough of Mountain Lakes 6-25-2001 by Ord. No. 14-01. Amendments noted where applicable.]

§ 195-1. Purposes.

The sidewalk cafe regulations as established by this chapter are designed to permit sidewalk cafes accessory and incidental to lawfully existing dining establishments in the A Business Zone as established and regulated in Chapters 40, 196, 208 and 245 hereof, to be located on public property immediately adjacent to such lawfully existing dining establishments and in locations where they shall be determined to be appropriate by these regulations and all applicable related ordinances to promote and protect the public health, safety and general welfare. These general purposes shall include, among others, the following specific purposes:

A.   To insure that adequate space will be provided for pedestrian circulation through areas where sidewalk cafes are established and to insure adequate access to adjoining properties and businesses.

 

B.   To encourage the establishment of sidewalk cafes as one means of developing a pleasant and distinctive shopping atmosphere.

§ 195-2. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

SIDEWALK CAFE -- The extension of the services of an existing restaurant preparing and serving foods for consumption within an existing building, to the extent that food is permitted to be served and consumed at the tables placed on the public sidewalk adjacent to and within the confines of the frontage of that portion of the building in which the restaurant is situated. A sidewalk cafe may contain readily removable tables and chairs, but shall be otherwise unenclosed by fixed walls and open to the air except for umbrellas or other nonpermanent covers provided such covers do not interfere with pedestrian circulation.

§ 195-3. License required.

Any person, firm or corporation may operate a sidewalk cafe (hereinafter called a "cafe") within the Borough of Mountain Lakes in any zone in which such use is permitted on a sidewalk adjacent to an existing restaurant operated by such person, firm or corporation upon obtaining a license from the Borough Manager. Such license shall allow the operation of a cafe from April 1 through and including November 1 of any calendar year and may be renewed annually during the month of January.

§ 195-4. Application procedures; requirements and fee.

A.   Application and fee. Each applicant for a license shall submit a written application on the form provided by the Borough Manager, together with a nonrefundable fee of $100, to the Borough Manager. All applications for a given calendar year and the application fee must be submitted by January 31 of the applicable calendar year. No application will be accepted without the fee. The insurance certificate and drawings required by Subsections B and D below must be submitted to the Borough Manager by March 31 of the applicable calendar year. In the event that an application or application fee is submitted later than January 31 or if the development plan and/or insurance certificate is submitted after March 31, a nonrefundable late fee of $100, in addition to the application fee, must be paid in order for the application to be considered. The application shall state the name and address of the applicant, the property owner if other than the applicant, the person preparing the development plan and the written authorization of the owner of the property to submit the application if the applicant is not the owner.

B.   Development plans. The following information shall be shown on all development plans:

(1)   The applicants entire property and the adjacent sidewalk area to be used.

 

(2)   The design, number and location of all temporary structures proposed, including tables, chairs, planters and other equipment as well as lighting and electrical outlet locations, if any.

 

(3)   Capacity of existing restaurant and proposed cafe.

 

(4)   Proposal for providing adequate pedestrian circulation.

 

(5)   Name, title and seal, if applicable, of person who prepared the development plan.

C.   Review of development plans. Prior to the issuance of a license pursuant to this chapter, the development plans and application shall be reviewed by the Borough Manager who shall either approve or recommend modification of the plans within 20 days of submission of the plans. Following approval by the Borough Manager, the plans shall be submitted to the Planning Board for site plan review pursuant to Chapter 208 of the Code of the Borough of Mountain Lakes. Upon review thereof, the Planning Board shall have the authority to waive such provisions of Chapter 208 as it shall deem appropriate.

D.   Conditions for issuance of license. Upon approval by the Borough Manager of the application and plans submitted by the applicant pursuant to this chapter and site plan approval by the Planning Board, the Borough Manager shall issue a license to the applicant, provided the applicant has furnished the following to the Borough:

(1)   An agreement signed by the applicant to repair any damage caused to the sidewalk in the operation of the cafe at the expense of the applicant. The Borough may require a bond to be filed by the applicant in an amount to be determined by the Borough to secure the repair of any damage to the sidewalk.

 

(2)   An agreement signed by the applicant indemnifying and holding the Borough harmless against loss, including costs and expenses, resulting from injury to person(s) or property as a direct or indirect result of the operation of the cafe or for injury to person(s) or property occurring on the premises occupied by the cafe. The applicant shall provide a certificate of insurance as evidence of the required policy to the Borough, and naming the Borough as a named insured, in the amount of not less than $1,000,000.

E.   Rules, regulations and specifications. A cafe authorized and operated pursuant to this chapter shall comply with all of the following rules, regulations and specifications:

(1)   The applicant and/or operator shall fully comply with all plans submitted and approved by the Borough Manager under the terms of this chapter.

 

(2)   Said closing shall be not later than 11:00 p.m.

 

(3)   The area of operation shall be kept clean and free of litter. Ashtrays shall be provided if smoking is permitted by the operator and/or applicant. Sidewalks shall be kept clean daily and closed trash receptacles, including smoker's outposts, shall be provided as approved by the Borough Manager.

 

(4)   Music and any other form of entertainment is prohibited.

 

(5)   The operator shall maintain an area for pedestrian movement free of any obstruction a distance of five feet or greater from the curb.

 

(6)   The operator shall provide that tables, chairs and other materials do not interfere with these required open areas and pedestrian traffic. Chairs next to the pedestrian walkway shall be placed at a ninety-degree angle so as not to obstruct the pedestrian walkway. Where there are obstructions, such as light posts and mailboxes, which would cause the pedestrian aisle to be less than four feet wide, the Borough Manager shall have the discretion to approve an alternate arrangement.

 

(7)   The operator shall comply with all the requirements of N.J.A.C. 8:24-1 et seq., also known as Chapter XII of the New Jersey Sanitary Code, and N.J.S.A. 24:15-1 et seq.

 

(8)   The operator shall not serve nor allow to be present in a sidewalk cafe any person under the age of 18 years unless said person shall be accompanied by a parent, guardian or relative who has attained the age of 21 years.

 

(9)   The operator shall comply with all other ordinances of the Borough of Mountain Lakes.

§ 195-5. Notice of violation; failure to comply.

Upon a finding by the Borough Manager that an applicant has violated any provisions of this chapter, the Borough Manager shall give notice to the applicant to correct said violation. Upon failure to immediately correct said violation, the Borough Manager may revoke the applicant's license to operate a sidewalk cafe. Upon the revocation of such license, the applicant shall be entitled to a hearing before the governing body within 30 days, upon notice thereof, provided that a hearing is requested by the applicant, in writing, within five days of revocation of the license.

§ 195-6. Sale and consumption of alcoholic beverages.

Chapter 276

SIDEWALK CAFES

[HISTORY: Adopted by the Council of the Township of Montclair 5-13-1997 by Ord. No. 97-16. Amendments noted where applicable.]

§ 276-1. Purpose.

The Township Council of Montclair has determined that the establishment of sidewalk cafes permitting dining will promote the public interest by creating an attractive pedestrian environment for its businesses during the day and night and will foster a pleasant and distinctive ambience within the Township. The purpose of this chapter is to establish the appropriate regulations to license and regulate this activity in order to ensure that the health, safety and welfare of the Township is protected.

§ 276-2. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ADJACENT BUILDING -- The building whose principal facade fronts on the sidewalk where the sidewalk cafe is or is proposed to be located.

PERSON -- Any individual, partnership, corporation, association or other entity.

PRINCIPAL FACADE -- That portion of the facade of a building which fronts on a street.

REQUIRED PEDESTRIAN PASSAGEWAY -- An area of sidewalk, parallel to the principal facade, at least five feet wide between the adjacent building and the adjacent curb, which area shall be unobstructed by trees and light poles, trash receptacles, parking meter posts, telephone booths and similar structures.

RETAIL FOOD ESTABLISHMENT -- The establishment actually located within the adjacent building for which a current retail food establishment inspection certificate has been issued by the Department of Health, and shall include, by way of example, a restaurant, hotel, coffee shop, tearoom, dining room, cafeteria, luncheonette, soda fountain, sandwich shop, delicatessen and the like.

SIDEWALK -- The paved surface provided for the exclusive use of pedestrians in the public right-of-way and situated between and extending from any building to the curb of any street (excluding therefrom any unpaved area).

SIDEWALK CAFE or CAFE -- A retail food establishment, as defined herein:

A.   Serving food to be consumed by the public at tables located within that more or less rectangular portion of a sidewalk which lies within the area bounded by the street, the principal facade of the adjacent building, and the imaginary perpendicular lines running from the outer edge of such principal facade to the street;

 

B.   Containing readily removable tables and chairs of a type customarily sold for outdoor use, temporary railing and/or planters; and

 

C.   Unenclosed by fixed walls or ceilings.

§ 276-3. License required. [Amended 5-26-1998 by Ord. No. 98-18]

No person shall operate a sidewalk cafe within the Township of Montclair without first obtaining a sidewalk cafe license and satisfying all of the requirements of this chapter.

§ 276-4. Application.

A.   [Amended 5-26-1998 by Ord. No. 98-18] Each applicant for a sidewalk cafe license shall submit and file an application form with the Health Department, together with five copies of a cafe plan (as defined below), and the appropriate fee. The application shall set forth:

(1)   The name and address of the applicant.

 

(2)   The name and address of the owner of the adjacent building (if other than the applicant).

 

(3)   The name and address of the person who has prepared the cafe plan.

B.   Cafe plan.

(1)   The term "cafe plan" shall mean a plan setting forth the following information, and such other additional information, if any, as may be deemed necessary and subsequently requested by the Township:

 

(a)   Identification of the adjacent building and properties immediately adjacent to such building.

 

(b)   A scaled drawing of the proposed design and location of the sidewalk cafe; all temporary structures, equipment and apparatus to be used in connection with its operation, including tables, chairs, planter, lighting and electrical outlets (if any); provisions for the storage of such structures, equipment and apparatus; proposed signage; and the location of any fire hydrant, plug or standpipe, utility pole, parking meter station, telephone booth or other permanent fixture between the adjacent building and the curb, including a clear indication of the presence of the required pedestrian passageway. If the sidewalk is less than 15 feet wide, the cafe must be located adjacent to the principal facade. The plan shall be drawn to scale, but need not be professionally drawn.

 

(c)   A statement of the seating capacity of the proposed sidewalk cafe and of the existing retail food establishment actually operated by the applicant in the adjacent building.

 

(2)   The Health Department shall refer the cafe plan to the Fire Chief, Uniform Construction Code Official, Department of Community Services, and Housing and Zoning Officer who shall review such cafe plan, verify whether there are any outstanding code violations for the retail food establishment (i.e., zoning, property maintenance, building and fire codes) and provide a written recommendation based upon the plan's compliance with §§ 276-3 and 276-8 of this chapter to the Department of Community Services within five business days. [Amended 5-26-1998 by Ord. No. 98-18; 6-15-2004 by Ord. No. 04-34]

 

(3)   If no outstanding violations exist, the Health shall approve or disapprove the cafe plan no later than 10 business days from the date of submittal of a complete application and plan. [Amended 5-26-1998 by Ord. No. 98-18]

§ 276-5. Insurance required.

No sidewalk cafe license shall be issued unless the licensee shall have first filed adequate proof that the following insurance requirements have been provided:

A.   The following wording must appear on the insurance certificate: "The certificate holder (Township of Montclair) is included as an additional insured as respects losses arising solely from the operation of the sidewalk cafe."

 

B.   Ten days' written notice of cancellation must be provided to the Township.

 

C.   Insurance in force must be written by a company licensed to do business in the State of New Jersey and rated A or better by A.M. Best Rating, and the certificate shall so state: "Rated by A.M. Best Rating."

 

D.   Minimum coverage requirements are:

 

(1)   General aggregate: $1,000,000.

 

(2)   Products and completed operation aggregate: $1,000,000.

 

(3)   Personal and advertising injury: $1,000,000.

 

(4)   Each occurrence: $1,000,000.

 

(5)   Fire damage (any one fire): $50,000.

 

(6)   Medical expense (any one person): $5,000.

 

(7)   Worker's compensation: statutory requirements.

 

(8)   Liability:

 

(a)   Employer's liability: $100,000, each accident.

 

(b)   Disease policy limit: $100,000.

 

(c)   Disease, each employee: $100,000.

§ 276-6. Indemnification agreement. [Amended 5-26-1998 by Ord. No. 98-18]

No sidewalk cafe license shall be issued unless the licensee shall have first executed and filed with the Health Department an indemnification agreement pursuant to which the licensee, in further consideration of the issuance of the license, shall agree to forever defend, protect, indemnity and save harmless the Township of Montclair, its officers, agents and employees, from and against any and all claims, causes of action, injuries, losses, damages, expenses, fees and costs, including attorney's fees, arising out of or which may arise out of the licensee's operation of such sidewalk cafe.

§ 276-7. (Reserved)

§ 276-8. Term of license; renewals. [Amended 5-26-1998 by Ord. No. 98-18]

All sidewalk cafe licenses shall be issued for a one-year period. Licenses may be renewed annually by the filing of an annual application. The Township may temporarily suspend a sidewalk cafe license if access to the sidewalk is needed in connection with public work to be performed in the area.

§ 276-9. Rules, regulations and specifications.

A sidewalk cafe authorized and operating pursuant to this chapter shall comply with all of the following rules and regulations, and such others as may be adopted from time to time by ordinance of the Township Council:

A.   The cafe shall be operated and maintained in accordance with the cafe plan as finally approved and by the same person who operates and maintains the abutting retail food establishment.

 

B.   The placement of furniture, apparatus, decoration or appurtenance used in connection with the operation of the sidewalk cafe in relation to any fire hydrant, plug or standpipe permanent fixture shall be approved by specific written authorization of the Fire Chief based upon his or her review of the cafe plan.

 

C.   No furniture, apparatus, decoration or appurtenance used in connection with the operation of the sidewalk cafe shall be located in such a way as to impede the safe and speedy ingress and egress to or from any building or structure.

 

D.   No furniture, apparatus, decoration or appurtenance used in connection with the operation of the sidewalk cafe shall be located in or project or protrude into the required pedestrian passageway, and such encumbrances shall not pose a safety hazard to the general public.

 

E.   Any table service provided at the sidewalk cafe shall be provided by persons engaged or employed for that purpose and shall be furnished to seated patrons only. Table service is not required, and retail food establishments that do not provide table service may operate sidewalk cafes in which patrons carry their food from inside the premises to tables located in the sidewalk cafe.

 

F.   The sidewalk area utilized by the sidewalk cafe shall be kept clean and free of litter and shall be washed as necessary. Covered trash receptacles shall be provided and maintained (emptied) by the retail food establishment operator.

 

G.   One temporary sign not exceeding six square feet in area, nonilluminated and displayed at a height not exceeding six feet, shall be permitted. The wording of such temporary sign shall be limited to the name of the person conducting business on the sidewalk cafe and may state the items and prices of food offered for sale. The temporary sign shall not be placed on the adjacent building or on any structure and shall be removed after the closing of the restaurant in accordance with the following section. The following types of signs and decorations are prohibited:

 

(1)   Signs painted or lettered on banner-type material.

 

(2)   Moving, fluttering and flapping pennants, flags, balloons and similar decorations.

 

H.   Noise shall be kept at such a level as to comply in all respects with the provisions of applicable ordinances. Exterior lighting shall be directed onto the sidewalk cafe and shall not intrude on adjacent residential properties.

 

I.   Sidewalk cafes shall be permitted to operate only from 7:00 a.m. until 11:00 p.m.

 

J.   Within 30 minutes after the closing of the restaurant, the licensee shall cause to have removed from the sidewalk all furniture, trash receptacles, apparatus, decorations and appurtenances, and any other material or items used in connection with the operation of such cafe. All such materials and items shall be stored in a safe and secure location approved by the Fire Chief and shall not be stored in food preparation or food storage areas.

 

K.   No food may be prepared or stored in the sidewalk cafe or outside the adjacent building.

 

L.   The license shall comply with all other ordinances of the Township of Montclair.

§ 276-10. Alcoholic beverages.

A.   The sidewalk area upon which a cafe has been authorized to operate pursuant to this chapter may constitute premises duly licensed for the sale and consumption of alcoholic beverages; provided, however, that the related restaurant of which the cafe is a part and an extension of is so licensed; and provided further, however, that specific approval has been obtained from the Township of Montclair for the extension of the alcoholic beverage consumption license to the sidewalk area. Such approval shall be separate from and must be obtained in addition to the license to operate a sidewalk cafe pursuant to this chapter.

B.   Retail food establishments which do not have a license to sell alcoholic beverages within their premises shall not be permitted to allow patrons to carry onto or consume alcoholic beverages on any sidewalk area licensed as a cafe hereunder.

§ 276-11. Notice of violation; failure to comply. [Amended 6-15-2004 by Ord. No. 04-34]

Upon determination by the Department of Community Services that a licensee has violated one or more of the provisions of this chapter, the Department may give written notice to the licensee to correct such violation within 24 hours of the receipt of such notice by the licensee. In the event that the licensee fails or refuses to correct such violation within such period, the licensee's sidewalk cafe license may thereupon be revoked. Any licensee cited for three or more violations of this chapter, even if corrected, may have his or her license revoked.

§ 276-12. Appeals. [Amended 5-26-1998 by Ord. No. 98-18]

Any person aggrieved by any action of the Health Department, in the denial or revocation of a sidewalk cafe license, shall have the right to appeal to the Township Manager. The appeal shall be taken by filing with the Health Department, within 30 days after the notice of the action complained of has been served personally upon the licensee, or mailed, postage prepaid, to the licensee at the address given by the licensee on the application form, a written statement setting forth fully the grounds for appeal. The Health Department shall set a time and place for the appeal, which, in the case of a license revocation, shall be no later than five business days after the appeal is filed, at which time the Township Manager shall conduct a hearing and affirm, modify or reverse the action appealed from.

§ 276-13. Violations and penalties.

Any person convicted of a violation of any of the provisions of this chapter shall be subject to a fine of at least $200 and not exceeding $1,000 for each and every offense or 90 days imprisonment, or both. Each violation of a section or subsection of this chapter, and each day that a violation continues, shall constitute a separate offense.

Chapter 148

OUTDOOR DINING

[HISTORY: Adopted by the Board of Trustees of the Village of Garden City 5-15-1997 by L.L. No. 2-1997. Amendments noted where applicable.]

§ 148-1. Purpose and intent.

This chapter is designed to permit outdoor dining in areas where it is appropriate and to promote and protect the public health, safety and general welfare. Specific purposes of this legislation are:

A. To ensure adequate space for pedestrians on the sidewalk adjacent to outdoor dining areas.

B. To preserve and enhance the character of the neighborhoods where such outdoor dining is permitted in the village and to protect the adjacent areas.

C. To promote the most desirable use of land.

§ 148-2. Permit required; fee.

A. No outdoor dining shall be allowed unless a permit has first been obtained from the Village Clerk.

B. The fee for such permit shall be in such amount as determined from time to time by resolution of the Board of Trustees.

§ 148-3. Eligible establishments.

A. Only commercial establishments with a proper certificate of occupancy for a restaurant use which has heretofore been duly issued by the Village of Garden City, which take orders and maintain table service within their establishments, may take orders and serve food and beverages in such outdoor dining areas.

B. Other commercial establishments that are not restaurants referred to in Subsection A above, which sell food, may apply for an outdoor dining permit but may not take orders or serve food and beverages at such outdoor dining areas.

C. Other commercial establishments, with the permission of the Board of Trustees, are eligible.

§ 148-4. Application for permit.

A. Any application for outdoor dining shall be made to the Village Clerk in writing on a form prescribed by the Village Clerk's office.

B. Such application shall contain the following information:

(1) The name, address and telephone number of the applicant.

(2) The name, address and telephone number of the establishment to be the subject of the application and the name and telephone number of the owner and/or operator of the establishment or designated responsible representative.

(3) Whether alcoholic beverages are to be served and, if so, a copy of the appropriate liquor license issued by the State of New York is to be appended to the application.

(4) A survey of the subject property also indicating the adjacent property which is village owned.

(5) A plan showing the complete sidewalk area, with the location of all furniture and fixtures to be used, including a fully dimensioned seating plan and the location of entrances and exits.

(6) Descriptive material showing all furniture and fixtures to be used and how such furniture and fixtures shall be stored or secured during nonoperational hours.

(7) Whether live or mechanically reproduced music is to be played and a description and site location of the facilities, equipment or other devices needed for amplification of sound.

(8) Proof of insurance as required in § 148-8 of this chapter.

(9) Any other information that the Village Clerk may find reasonably necessary to determine whether a permit should be issued.

§ 148-5. Standards for issuance of permit.

The following standards shall apply:

A. The proposed outdoor dining will not interfere with pedestrian traffic or use of the village owned portion of the property adjacent to the establishment.

B. The applicant is in compliance with and has met all other applicable provisions in this chapter and those in the Building and Zoning Codes.

§ 148-6. Effect of permit.

A. Notwithstanding § 200-33 of this Code, establishments issued a permit hereunder may engage in outdoor dining as set forth in this chapter.

B. The consumption of alcoholic beverages of any and all types and kinds in such outdoor dining areas is prohibited unless served by the licensed premises and accompanied by the service and consumption of food. It is the responsibility of the owner and/or operator of the premises who has obtained a permit hereunder for outdoor dining to ensure compliance with this provision.

C. A permit holder shall be bound by all applicable rules, regulations, ordinances, local laws and statutes. The Board of Trustees may, by resolution, adopt, from time to time, any additional rules and regulations pertaining to such permits. The permit may be conditioned on modifications or restrictions intended to ensure compliance with all applicable rules, regulations, ordinances, local laws and statutes and the general protection of health, safety and welfare.

D. No other activities of any nature conducted now or hereafter by any commercial establishment, enterprise, business, venture or shop in the village, otherwise prohibited by all applicable rules, regulations, ordinances, local laws or statutes are changed, amended, suspended or altered in any respect because of this chapter.

E. Such outdoor dining activities shall be limited to areas directly to the front or rear of each store or merchant's establishment and not extend beyond the property lines. There shall be a minimum of five feet total sidewalk width clearance to provide adequate and unobstructed pedestrian movement, such width to be measured from the outermost point of the outdoor dining area to the nearest obstruction.

§ 148-7. Liability of permit holder.

The person or persons to whom a permit for outdoor dining has been issued shall be liable and shall indemnify the village for any loss, damage, or injury or expense sustained by the village arising out of any claim or cause of action instituted or commenced by any person or persons arising out of the issuance of such permit or as a direct or indirect result of the operation of such outdoor dining area.

§ 148-8. Insurance.

Prior to the issuance of a permit, the applicant for a permit shall present to the village a certificate of insurance for comprehensive general liability, naming the Incorporated Village of Garden City as additional insured, for combined single limits of no less than $1,000,000 per occurrence and $2,000,000 general aggregate and umbrella limits of $1,000,000.

§ 148-9. Revocation or suspension of permit.

The Village Clerk shall have the authority to revoke or suspend a permit, when, in the Clerk's sole discretion, the Clerk finds a violation of any applicable rule, regulation, ordinance, local law or statute, or that a continuation of said permit would constitute a hazard or nuisance, or upon good cause shown.

§ 148-10. Appeal from denial, revocation or issuance of permit.

Appeals from the issuance, denial, revocation or other condition of a permit may be taken to the Village of Garden City Zoning Board of Appeals by any aggrieved person within 30 days from the date of the issuance, denial or revocation, by filing a written notice of appeal with the Village Clerk.

§ 148-11. Maintenance of premises.

The outdoor dining area and adjacent areas shall be periodically cleaned and kept refuse free. The outdoor dining area and adjacent areas shall be swept and washed down each night just prior to closing and at other times as needed. Sufficient containers for trash shall be placed in the outdoor dining area.

§ 148-12. Hours of operation.

A. Outdoor dining activities may take place between the hours of 6:30 a.m. and 11:00 p.m. on all days of the week, except Sunday. Sunday hours shall be between 8:00 a.m. and 11:00 p.m.

B. No orders for food and/or beverages shall be taken after 10:00 p.m.

§ 148-13. Music, lighting and outdoor cooking.

Music may be provided so long as it is not of a type or volume as to violate any applicable law or ordinance or create a nuisance to surrounding residents or property owners. Lighting shall be minimal and shall be installed so that direct or indirect illumination from the source of light shall not cause illumination in excess of 0.5 footcandles on any abutting property. No outdoor cooking of any type is permitted.

§ 148-14. Furniture fixtures and signage.

All furniture and fixtures used in conjunction with outdoor dining must be of a temporary nature, and must be brought in at closing time or securely fastened against the building facade during nonoperational hours. No signage shall be permitted to be affixed to any temporary structures. All furniture and fixtures shall be approved by the Village Clerk in conformity with guidelines established by the Architectural Design Review Board.

§ 148-15. Permit; term; renewals.

A. Permits shall be issued on or after April 1 of each year. All permits, regardless of when issued, shall expire on the last Sunday in November.

B. Applications for renewal of permits shall be made in the same manner as original applications. Permits are not assignable.