Village of Cazenovia, NY
Madison County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Cazenovia 4-3-2000 by L.L. No. 1-2000. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 47.
Noise — See Ch. 115.
Peace and good order — See Ch. 122.
Streets and sidewalks — See Ch. 152.

§ 141-1 Statement of policy.

It is hereby declared to be the policy of the Village of Cazenovia in providing for the protection of its property, the safety, health, comfort and general welfare of its inhabitants, the protection of their property and the preservation of peace and good order to allow any person, firm or corporation to operate a sidewalk cafe (hereinafter called "cafe") within the Village of Cazenovia on any sidewalk adjacent to his place of business upon obtaining a permit from the Village Clerk.

§ 141-2 Definitions.

Unless otherwise indicated by context, the following terms and phrases shall have the following meanings:
CAFE
Facility for the sale of food or beverage but not any other kind or type of goods, wares, merchandise or service.
PERMIT APPLICATION
Form used for application and renewal of cafe permit.

§ 141-3 Permit application submittal. [1]

Each applicant for a permit or a renewal of a permit shall submit three copies of his plans for the cafe to the Village Clerk together with a nonrefundable fee as set from time to time by resolution of the Village Board of Trustees. Such application and plans shall contain:
A. 
A dimensioned drawing showing the size and location of the cafe and the measurements of the unobstructed public right-of-way.
B. 
Any railing, flooring or other support or enclosure used in the assembly, operation or enclosure of the cafe.
(1) 
No such railing, flooring or other support or enclosure shall be considered an erection of, an addition to or a structural alteration of a building or structure unless such railing, flooring or other support or enclosure is permanently attached to such building or structure.
C. 
A state liquor license, if applicable, that will allow or can be amended to allow the sale of alcoholic beverages in the cafe.
D. 
Any request for exceptions to the sidewalk cafe regulations.
[1]
Editor's Note: The sidewalk cafe permit application form is on file on the Village offices.

§ 141-4 Application review.

A. 
Before any permit is issued, the plans submitted to the Village Clerk shall be referred to the Zoning Enforcement Officer who shall recommend approval, disapproval or modification of said plans within one week of the submission of the plans.
(1) 
A cafe in the public right-of-way shall be located in such a position that will allow the maintenance of at least eight feet of unobstructed (for height of seven feet) hard-surfaced sidewalk between the cafe and any tree, bench, pole, post sign, flower bed or other obstacle in the public right-of-way.
(2) 
The cafe shall be located only in front of the establishment that is owned or leased by the applicant.
(3) 
The cafe shall not extend more than 10 feet from the facade of the building and, in any case, shall not extend on the south side of Albany Street or the west or east side of Lincklaen Street more than 35% and on the north side of Albany Street not more than 55% of the total width of the sidewalk measured from the property line to the edge of the street pavement.
(4) 
Except for properties fronting Albany Street, the Zoning Enforcement Officer, with the concurrence of the Public Works Administrator, may reduce the required eight feet of unobstructed sidewalk to five feet, provided that the cafe does not extend more than 60% of the total width of the sidewalk measured from the property line to the edge of the street pavement.
(5) 
No cafe shall be located within 20 feet of another cafe.
(6) 
No signs shall be hung or attached to any portion of the cafe, except those signs on an awning that are in compliance with the law.
(7) 
No additional lighting shall be affixed to the cafe structure.
(8) 
The Zoning Enforcement Officer, with the concurrence of the Public Works Administrator, may impose any other restriction on the location, size or design of the cafe that, in their judgment, protects the health, safety and welfare of the public.
B. 
The Zoning Enforcement Officer shall sign the cafe application plans as approved, disapproved or modification required.

§ 141-5 Conditions for issuance of permit.

Upon approval by the Zoning Enforcement Officer of the plans submitted by the applicant, the Village Clerk shall issue a permit, valid for a period between April 1 and October 31 of a calendar year, to the applicant upon the payment to the Clerk by the applicant of an annual fee as set from time to time by resolution of the Village Board of Trustees, and upon the applicant furnishing to the Village of Cazenovia the following:
A. 
An agreement by the applicant to repair, at the expense of the applicant, any damage to the sidewalk in the operation of the cafe. The Village Clerk may require a bond, in an amount to be fixed by the Village Clerk, to be filed by the applicant.
B. 
A hold-harmless agreement executed by the applicant and indemnifying the Village against loss, including costs and expenses, resulting from injury to a person or property as a direct or indirect result of the operation of the cafe or for the injury to person or property occurring on the premises occupied by the cafe. The applicant shall be required to obtain a protective policy of insurance in the amount of $500,000 covering said hold-harmless agreement with the Village of Cazenovia as an additional named insured. The policy and the hold-harmless shall be subject to approval of the Counsel for the Village.
C. 
Proof of liability insurance in the amount of $500,000 per individual and $500,000 per occurrence.
D. 
If applicable, proof that the applicant has a state liquor license authorizing him to serve alcoholic beverages in his cafe and has liquor legal liability insurance in the amount of $100,000 bodily injury per each occurrence and $100,000 aggregate. Such insurance must comply with Subsection A(2) above and the policy must contain a provision that requires the Village Clerk to be notified if the policy is canceled.

§ 141-6 Cafe regulations.

A. 
A cafe not authorized for the sale of alcoholic beverages shall comply with the following:
(1) 
No alcoholic beverages shall be served or consumed in the cafe.
(2) 
Comply with all plans submitted to and approved by the Zoning Enforcement Officer.
(3) 
Cafe can only operate between April 1 and October 30. Applicants must renew their permit each year between January 1 and February 1.
(4) 
All service shall cease at 10:00 p.m. and not begin until 8:00 a.m.
(5) 
All patrons must be vacated from the cafe by 10:00 p.m.
(6) 
All furniture, utensils, containers or any other materials used in the operation of the cafe must be removed no later than the closing of the establishment. Railings, flooring or other support or enclosure used in the assembly, operation or enclosure of the cafe may be allowed to remain on the sidewalk areas if specifically permitted in the Zoning Enforcement Officer's approval of the cafe plans. Approval may also include furniture inside railing structures which do not pose a threat to the general public.
(7) 
No cafe shall remain open after 10:00 p.m.
(8) 
Remove all cafe structures by October 30 and not install prior to April 1 in any year for which a permit is granted. Railings, flooring or other support or enclosure used in the assembly or the enclosure may be allowed to remain in place after October 30 if specifically permitted by the Zoning Enforcement Officer, with the concurrence of the Public Works Administrator, in the approved cafe application plans.
(9) 
No music, from whatever source (acoustical, electric or other), may be played on the cafe between the hours of 10:00 p.m. and 8:00 a.m.
(10) 
Comply with all other provisions of the Code of the Village of Cazenovia, New York.
(11) 
The operator of the cafe must own or lease the food and beverage establishment and it must be in front of said business.
B. 
A cafe authorized to sell alcoholic beverages shall comply with all the items specified in Subsection A above except subsection A(1), and the following:
(1) 
No alcoholic beverages shall be served or consumed on or at any sidewalk cafe after 10:00 p.m.
(2) 
Owner/manager must police the cafe, e.g., no alcohol outside of area. If not properly policed, the permit will be revoked.
(3) 
The area encompassed within the cafe licensed by the State of New York and authorized pursuant to this chapter shall be considered duly licensed for sale and consumption of alcoholic beverages and shall not be subject to the Code of the Village of Cazenovia.

§ 141-7 Promulgation of rules, regulations and specifications.

A. 
The Zoning Enforcement Officer is hereby authorized to regulate the operation of cafes through the promulgation of appropriate rules, regulations and specifications.
B. 
Upon a finding of the Zoning Enforcement Officer that an applicant has violated any provisions of this chapter, the Zoning Enforcement Officer shall give notice to the applicant to correct said operational violation within 24 hours of receipt of the notice by the applicant. Upon failure to correct said operational violation within 24 hours, the Zoning Enforcement Officer may revoke the applicant's permit issued pursuant to this chapter. The Zoning Enforcement Officer shall, in his sole judgment, give violators reasonable time to repair any structural damage or physical violation of any provision of this chapter.

§ 141-8 Penalties for offenses.

A. 
Any person who violates the provisions of this chapter shall, upon conviction thereof, be subject to fine not exceeding $250. Each day that such violation continues shall constitute a separate violation. In addition, the Zoning Enforcement Officer, through the Public Works Administrator, may cause any sidewalk cafe existing in violation of this chapter to be removed without notice. A fee as set from time to time by resolution of the Village Board of Trustees shall be charged to the licensee for the cost of such removal. The Department of Public Works may store the removed cafe structure for 30 days and then, if unclaimed, may destroy or discard the cafe structure.
B. 
Any person who violates any of the provisions of this chapter or at whose premises a violation of Chapter 115, Noise, occurs two times in one year shall have his permit revoked for one full year and shall not be eligible for another permit until the expiration of one full year.
C. 
Any person who fails to remove a sidewalk structure by October 30, unless specifically allowed in the application permit approved by the Zoning Enforcement Officer, shall not be eligible for a permit in any following year.

§ 141-9 Appeals.

In the event of a dispute regarding the enforcement of this chapter, the applicant may file an appeal with the Zoning Board of Appeals within 30 days of the date the dispute arises.
[Added 3-4-2013 by L.L. No. 2-2013[1]]
[1]
Editor's Note: This local law also changed the title of this chapter and designated the existing provisions as Article I.

§ 141-10 Use of Village sidewalks by adjoining retail businesses.

In order to provide an inviting downtown environment for residents and visitors, the Village permits the placement of certain privately owned personal property on Village sidewalks in accordance with the provisions of this article. From May 1 to November 1, business owners/operators may place small tables and chairs and other items directly in front of the front of the building owned or leased by them, provided that the placement of such items shall not obstruct pedestrian flow or otherwise create a safety hazard as determined by the Village Zoning Enforcement Officer. All placements and displays of such items must be tasteful and in keeping with the streetscape of a 19th century Village. Permanently attached window boxes filled by the Garden Club may stay on the sidewalk all year. Movable tubs may be on the sidewalk from May 1 to November 1.

§ 141-11 Prohibited items and activities.

The following items and/or activities are prohibited on Village sidewalks:
A. 
All privately owned items from November 1 to May 1.
B. 
Merchandise for sale except during "sidewalk sales" specifically authorized by the Board of Trustees.
C. 
Unsafe items that pose a risk to individuals or the public in general.
D. 
Lightweight items which might blow over or away.
E. 
Items placed on, around or attached to Village benches, lampposts, hydrants or other public structures.
F. 
Any permanent structures.
G. 
Any items not brought in at night.
H. 
Played or piped music.
I. 
Additional lighting.
J. 
Additional signage or advertising beyond that permitted under Chapter 180, Zoning.
K. 
Served food or beverages except those permitted upon the issuance of a sidewalk cafe permit under Article I of this chapter.

§ 141-12 Evidence of liability insurance required.

Prior to placing any items on any Village sidewalk, the business owner/operator must file with the Village Clerk a certificate of insurance showing proof of the business owner/operator's general liability insurance policy with policy limits in an amount of not less than $500,000 per occurrence, naming the Village as an additional insured.

§ 141-13 Enforcement; appeals.

The regulations set forth in this chapter shall be enforced by the Village Zoning Enforcement Officer. All appeals/disputes involving the application of these regulations shall be heard by the Village Board of Trustees.