[HISTORY: Adopted by the Board of Trustees
of the Village of Minoa 8-18-2008 by L.L. No. 4-2008. Amendments noted where
applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 110.
This Chapter 104 shall be known as "Outdoor Prepared-Food Service."
This chapter is designed to permit the outdoor
service of prepared foods and 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 service and dining areas.
B.
To preserve and enhance the character of the neighborhood
where such outdoor service and dining is permitted in the Village
and to protect the adjacent areas.
C.
To promote the most desirable use of land.
A.
No outdoor service of prepared foods or dining shall
be allowed unless a permit has first been obtained from the Village
Clerk. Every applicant shall have a copy of the permit issued available
for production upon the request of any police officer, codes enforcement
or other Village official.
B.
The fee for such permit shall be in such amount as determined from time to time by resolution of the Board of Trustees. Such resolution may fix fees based upon an annual, monthly or one-day permit fee. The Village Board may, as it deems appropriate, waive the permit fee for those not-for-profit, charitable or similar organization applications not otherwise exempt under § 104-17 hereof.
A.
Except as provided in § 104-4B, only commercial establishments, operating as of right as a restaurant or substantially similar use, which take orders and serve food and beverages within their establishments for sit-down or take-out service may take orders and serve food and beverages outdoors or in outdoor dining areas.
B.
Outdoor prepared-foods vending units (e.g., hot-dog/sausage vendor carts) not affiliated with any commercial establishment as required in § 104-4A may operate subject to the provisions of this Chapter 104 at such locations on Village (public) property as may be designated by the Village Board of Trustees from time to time by resolution.
A.
Any application for outdoor service and dining shall
be made to the Village Clerk in writing on a form prescribed by the
Village Clerk's office. A separate permit shall be required for each
vending unit. Applications for permits are made to the Village Clerk
on a form prescribed by the Clerk.
B.
The terms "applicant" and "permittee" as used herein are synonymous and shall mean the individual or establishment that has applied for and, as applicable, been issued a permit under this Chapter 104.
C.
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. 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
any 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.
(9)
Any other information that the Village Clerk may find
reasonably necessary to determine whether a permit should be issued.
(10)
(A) statement(s) or other satisfactory proof
(certificate, permit or license) from all governmental agency(ies)
having jurisdiction over such operations, indicating that the applicant
meets the requirements of all county or state codes, rules, regulations
or laws relative to food preparation and service, sanitary practices
and collection of New York State sales tax.
D.
The Village Board of Trustees may modify, relax or
waive any of the foregoing application requirements as long as the
intent of this chapter is nonetheless achieved.
The following standards shall apply:
A.
The proposed outdoor service or dining area will not
interfere with pedestrian or vehicle traffic or use of any other private
or Village-owned portion of property adjacent to the establishment
or unit and will not, without written consent, make use of any other
Village-owned or other public property or right-of-way adjacent to
the establishment, except as may be permitted in connection with the
subject permit. The applicant's operations shall be confined and limited
to those shown on the permit application as approved by the Village.
B.
The applicant is in compliance with and has met all
other applicable provisions in this chapter and those in the Village
of Minoa Building and Zoning Codes, and such use shall not present
a public or fire safety hazard.
A.
Notwithstanding the provisions of Chapter 110 of this Code, establishments issued a permit hereunder may engage in outdoor service and/or dining of prepared-food products as set forth in this chapter.
B.
The consumption of alcoholic beverages of any and
all types and kinds is prohibited unless served by the related licensed
premises and accompanied by a principal operation of 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 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 service and dining activities shall, except where permitted under § 104-4B hereof, be limited to areas directly to the front or rear of each store or merchant's establishment and shall not extend beyond the property lines. There shall be a minimum of five feet, total, of sidewalk width clearance to provide adequate and unobstructed pedestrian movement, such width to be measured from the outermost point of the outdoor service and dining area to the nearest obstruction.
The person or persons to whom a permit 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 whatsoever 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 under such permit.
Prior to the issuance of a permit, the applicant
for a permit shall present to the Village a binder, endorsement or
unconditional certificate of insurance (or other proof of insurance
satisfactory to the Village Attorney) clearly providing for comprehensive
general liability, naming the Village of Minoa as additional insured,
for combined single limits of no less than $1,000,000 per occurrence
and $1,000,000 general aggregate. The same shall provide that no cancellation,
or material modifications shall occur except upon 30 days' prior written
notice to the Village of Minoa.
All outdoor service dining areas and adjacent
areas shall be continuously cleaned and kept refuse free. The outdoor
service or dining area and adjacent areas shall be swept and washed
down each night just prior to closing and at other times as needed.
Trash containers shall be maintained immediately adjacent to the point
of sale. Permittees shall collect all litter and debris within 50
feet of the point of sale before closing business on each day and
shall transport away all trash and dispose of it in a legal and appropriate
manner. However, the same shall not be deposited in a Village-maintained
public garbage container. There shall be no storage of equipment on
public property outside of the permittees' actual hours of operations.
A.
Outdoor dining activities except pursuant to § 104-4B may take place between the hours of 8:30 a.m. and 10:00 p.m. on all days of the week, except Sunday. Sunday hours shall be between 9:00 a.m. and 7:00 p.m. Operations pursuant to § 104-4B shall be limited to not earlier than 11:00 a.m. and not later than 1/2 hour before dusk on any day.
Except for permits issued pursuant to § 104-4B, 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 no point source shall be observed for any neighboring properties, nor shall any other direct or indirect illumination from the source of light cause illumination in excess of 0.5 footcandle on any abutting property.
All furniture and fixtures used in conjunction with outdoor service must be of a temporary nature and must be brought in at closing time or, except under permits issued pursuant to § 104-4B, be securely fastened against the building facade during nonoperational hours. Except as hereinafter permitted, 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 Board of Trustees. For applicants operating under § 104-4B, signage shall be limited to one permanently mounted on the vending unit and one sandwich-board sign located within five feet of the unit not to exceed four square feet on either side.
No applicant shall employ any moving display
or flashing or revolving light, nor shall applicants call out to passersby
to attract attention to their business.
The provisions hereof shall not be applicable
to the temporary use of premises in connection with not-for-profit,
charitable and similar uses such as field days, church bazaars and
the like or municipal uses, provided in each such case the Village
of Minoa Board of Trustees has been made aware of and formally recognized
such exempt activity.
A permit may be suspended or revoked by the
Village Clerk, any Village officer or law enforcement officer for
any of the following:
A.
Violation by the applicant of any of the provisions of this Chapter 104, the permit issued hereunder, or of any code, rules, regulations or other provisions of law required to be abided by hereunder;
B.
Any false or fraudulent material statement contained
in the application for permit; or
C.
Any fraudulent or false material statement made in
connection with the sale of any item.
Any applicant whose license is not granted or is suspended or revoked pursuant to this section may appeal such nonissuance, suspension or revocation to the Village Board of Trustees. The applicant shall, within 30 days of written request for an appeal, be granted an opportunity to be heard before the Board of Trustees, at which time the only issues to be heard shall be whether the nonissuance, suspension or revocation was proper in light of the provisions and requirements of this Chapter 104 of the Village Code. The applicant, Village Board of Trustees, and any enforcement officials shall have the full right to examine and cross examine all physical evidence and witnesses. The Board of Trustees shall issue a written decision, a copy of which shall be mailed to the applicant within 30 days thereafter.
