Town of Southampton, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Southampton 5-26-2009 by L.L. No. 20-2009. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 330.

§ 250-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
CHIEF FIRE MARSHAL
The Chief Fire Marshal of the Town of Southampton, or designee.
[Added 4-13-2010 by L.L. No. 12-2010]
CHIEF OF POLICE
The Chief of Police of the Town of Southampton, or designee.[1]
PUBLIC SAFETY COMMISSION
As defined in Chapter 19, Department of Police; Public Safety Commissioner, of the Town Code.
[1]
Editor's Note: The former definition of "Public Safety Administrator," which immediately followed, was repealed 4-13-2010 by L.L. No. 12-2010.

§ 250-2 License required; conditions of license.

A. 
Upon obtaining a license to do so from the Chief Fire Marshal, a standard restaurant, as defined in Town Code § 330-5, may use the public sidewalk to provide outdoor sidewalk dining in accordance with the following provisions.
[Amended 4-13-2010 by L.L. No. 12-2010]
B. 
In order to be eligible for a license, a business must meet the following requirements:
(1) 
The business must be a standard restaurant which lawfully serves food for consumption on the business premises at indoor dining seats.
(2) 
The business must be located in a building which directly abuts a sidewalk which is no less than 10 feet in width measured from the exterior wall of the building in which the business is located to the inside edge of the curb.
(3) 
The sidewalk dining area shall be located directly in front of the building occupied by the licensed business, shall not extend more than six feet from the exterior wall of the building, unless otherwise approved by the Chief Fire Marshal, and shall stay within the width of (shall not exceed beyond the width of) the building space occupied by the restaurant.
[Amended 4-13-2010 by L.L. No. 12-2010]
(4) 
The sidewalk dining area shall be located so as to assure adequate space on the sidewalk for pedestrians utilizing the sidewalk. An unobstructed (such obstructions including, but not limited to, trees, signs, bicycle racks, utility poles, and planters) sidewalk width of at least six (6) feet shall be maintained for pedestrian use of the sidewalk.
(5) 
All exits and means of egress from the business premises occupied by the licensed business shall be maintained and shall not be obstructed in any manner.
(6) 
The sidewalk dining area shall be open to the sky, except that it may be covered only with a retractable awning. No advertising may be displayed on said awning other than the name of the licensed business.
(7) 
The sidewalk dining area shall not be enclosed. No fencing, railing, or similar barrier shall be utilized to delineate the sidewalk dining area. The sidewalk dining area may be delineated by utilizing ropes. No objects shall be placed on the sidewalk dining area other than movable tables and chairs.
(8) 
The sidewalk dining area may contain movable tables and chairs for outdoor dining. The number of outdoor dining seats within the sidewalk dining area shall not exceed 20% or four seats, whichever is greater, of the number of indoor dining seats, lawfully provided by the licensed business on the business premises. During the period when outdoor dining seats are provided on the sidewalk dining area, the number of indoor dining seats utilized by the licensed business shall be correspondingly reduced.
[Amended 4-23-2013 by L.L. No. 8-2013]
(9) 
The term of such license shall be from April 1 to November 1. An outdoor sidewalk dining license shall not be transferred or assigned by the licensed business.
[Amended 4-13-2010 by L.L. No. 12-2010]
(10) 
The permitted hours of operation of a sidewalk dining area shall be from 7:00 a.m. to 11:00 p.m. Tables and chairs must be removed from the sidewalk by 11:30 p.m. and may not be placed on the sidewalk prior to 7:00 a.m. Tables and chairs must be removed from the sidewalk during inclement weather.
(11) 
The sidewalk dining area shall not be used for any purpose other than the service of food and beverages (including alcoholic beverages) for consumption on the sidewalk at tables and chairs within the sidewalk dining area. The service of alcoholic beverages alone, without any food, shall be prohibited at the outdoor dining area.
(12) 
The licensed business operating the sidewalk dining area shall be responsible for trash removal and shall maintain the public property on which it is located, and the surrounding five feet up to the road margin, in a clean and litter-free manner during the hours of operation. Tables and chairs shall be maintained in good condition.
(13) 
The applicant for an outdoor sidewalk dining license shall be responsible for obtaining, maintaining in full force and effect, and complying with the terms and conditions of any permit which may be required under any other law or regulation for the serving of food and beverages, including alcoholic beverages, provided that such activity has been licensed by the State Liquor Authority pursuant to Town Code § 89-4.
(14) 
A sidewalk dining area shall not use any public amenities such as benches, seats, or trash receptacles provided for public use of the sidewalk.
(15) 
Exterior lighting equipment that may present a tripping hazard is not permitted. Temporary electrical connections, such as extension cords, are not permitted. Exterior electrical lighting specifically designed for the sidewalk dining area is not permitted.
(16) 
Outdoor music shall be prohibited in the outdoor dining area.

§ 250-3 Application for license; approval or denial.

A. 
An applicant for an outdoor sidewalk dining license shall submit the following information to the Chief Fire Marshal:
[Amended 4-13-2010 by L.L. No. 12-2010]
(1) 
A plan showing the proposed design and layout of the sidewalk dining area, including the number of tables and chairs, with data and dimensions sufficient to show compliance with the provisions set forth in § 250-2 herein. No alterations or modifications shall be made with respect to an approved plan (the plan approved upon issuance of a license) unless and until a revised plan showing any proposed alterations or modifications has been submitted to and approved by the Chief Fire Marshal.
(2) 
Information with respect to the business conducted by the applicant sufficient to show that the applicant is eligible for a license.
(3) 
Such other information, including the number of indoor dining seats provided by the applicant on the business premises, as may be reasonably necessary to show compliance with the provisions set forth in § 250-2 herein.
(4) 
An application fee, as set forth by Town Board resolution, a certificate of insurance, and a signed and acknowledged indemnification.
B. 
The Chief Fire Marshal shall approve or deny a license application within 10 days from the submission of a complete application and shall file a copy of the license or notice of denial with the office of the Town Clerk.
[Amended 4-13-2010 by L.L. No. 12-2010]
C. 
The issuance of an outdoor dining license is a privilege and not a right and may be denied in the event the applicant fails to comply with any applicable provision of this chapter or for any other reason not prohibited by law, including, but not limited to, outstanding violations against the premises proposed to be licensed.

§ 250-4 Rescission or termination of license.

A. 
If, after an outdoor dining license is issued, the Chief Fire Marshal or Chief of Police determines that any of the representations and/or statements contained in the application or any of the conditions or requirements of the license or this chapter have not been met, the Chief Fire Marshal or Chief of Police may rescind, suspend, or modify such license.
[Amended 4-13-2010 by L.L. No. 12-2010]
B. 
If conditions exist that endanger the health, safety, or welfare of the public or the patrons of the licensed business, the Public Safety Administrator or Chief of Police may suspend the license until such danger is corrected.

§ 250-5 Appeals from denial, rescission or termination of license.

A. 
If the Chief Fire Marshal denies an application for an outdoor dining license, written notice of such denial or rescission, and the reasons for such determination, shall be mailed by the Chief Fire Marshal, by certified mail, return receipt requested, to the applicant at the address provided in the application.
[Amended 4-13-2010 by L.L. No. 12-2010]
B. 
The denial, rescission or suspension of a license may be appealed to the Public Safety Commission pursuant to Town Code Chapter 19. All requests for an appeal hearing shall be made in writing and shall be filed with the Town Clerk within 10 days from the date of receipt of the written denial or rescission notification. Such request for an appeal shall set forth the grounds for the appeal and shall be accompanied by the appeal fee in the amount established by the Town Board, which may be amended from time to time.
C. 
The Public Safety Commission shall conduct a public hearing or hearings with respect to any appeal. The Public Safety Commission shall fix a time and place for such hearing and shall provide for the giving of notice at least 10 days prior to the date of the hearing as follows:
(1) 
By publishing a notice in the official newspaper;
(2) 
By requiring the applicant to erect a white-and-black-lettering sign or signs measuring not less than two feet long and one foot wide, which shall be prominently displayed on the premises facing each public street on which the property abuts, giving notice that an application for an outdoor dining license is pending and the date, time, and place where the public hearing will be held. The sign shall not be set back more than 10 feet from the street line and shall be not less than two feet nor more than six feet above the grade at the street line. The sign shall be made of durable material and shall be furnished by the Town Clerk. It shall be displayed for a period of not less than 10 days immediately preceding the public hearing date. No additional posting shall be required for any adjournment date. The applicant shall file an affidavit stating that there has been compliance with the provisions of this section.
(3) 
If the business involved in an application is within 500 feet of the boundary of any other municipality, notice of the public hearing shall also be mailed to the municipal clerk of such other municipality by the applicant.
(4) 
By requiring the applicant to mail written notice of the date, time, and place of the hearing, together with a copy of the application, by certified mail, return receipt requested, to every property owner, as shown on the current Town of Southampton assessment rolls, of parcels abutting and directly opposite (by extension of lot lines through a street or right-of-way) the property which is the subject of the application, proof of which shall be submitted to the Public Safety Commission on or before the commencement of the public hearing in the form of an affidavit with postal receipts annexed to it confirming mailing of the notices at least 10 days prior to the hearing date.
D. 
At the public hearing, the Public Safety Commission shall give the appealing party and any other interested party a reasonable opportunity to be heard, in order to show cause why the determination of the Chief Fire Marshal, or the Chief of Police, as the case may be, should not be upheld. The applicant shall provide any relevant information in response to that set forth in the written notice of denial or rescission. A written report and/or testimony from the Chief Fire Marshal, or the Chief of Police if applicable, detailing the reason(s) for denial or rescission, shall be made part of the public hearing's record.
[Amended 4-13-2010 by L.L. No. 12-2010]
E. 
In determining the appeal, the Public Safety Commission shall consider all of the information provided at the hearing, with all other available information.
F. 
The Public Safety Commission may sustain the determination of the Chief Fire Marshal, or the Chief of Police to deny or rescind a license, or may reverse the determination, with or without additional conditions. A resolution of a majority vote of the Public Safety Commission is required for any such action. The Public Safety Commission shall render its findings, in writing, no later than 10 days from the close of the public hearing. The Public Safety Commission shall notify the applicant of its determination by certified mail, return receipt requested, to the address provided in the application, within five days after such determination. A copy of the determination shall be filed with the office of the Town Clerk and shall be forwarded to all involved Town departments.
[Amended 4-13-2010 by L.L. No. 12-2010]
G. 
The decision of the Public Safety Commission shall be final and shall constitute the exhaustion of the applicant's administrative remedy.

§ 250-6 Insurance, indemnification and waiver.

A. 
The licensed business shall indemnify the Town and hold the Town harmless from and against any and all claims, causes of action, liability, damage, loss, cost or expense (including reasonable attorneys' fees) arising out of or related to the use, maintenance, or operation of the sidewalk dining area or arising out of or related to the license.
B. 
Prior to the issuance of an outdoor sidewalk dining license, and subject to review by the Town Attorney's office, the applicant shall furnish the Town with a comprehensive liability insurance policy, insuring the applicant and/or property owner against liability for damage to persons or property, with limits as established by resolution of the Town Board, which policy shall name the Town as an additional insured and shall not be cancelable without at least 30 days' prior written notice to the Town. Additional comprehensive liability insurance policies, naming the Town as an additional insured, may be required.
C. 
Notwithstanding anything to the contrary set forth in this chapter, the Town Board may waive or modify any of the requirements set forth herein.

§ 250-7 Other approvals.

A. 
The provisions of this chapter are not exclusive, and the licensed business must have and remains subject to all other applicable permits as may be required.
B. 
The use and operation of the sidewalk dining area shall be conducted in compliance with the provisions enumerated within this chapter, including any amendments thereto. Use and operation of the sidewalk dining area shall be conducted in compliance with all other applicable governmental laws and regulations, including, but not limited to, the Southampton Town Code, the Suffolk County Department of Health Services, and the New York State Liquor Authority.
C. 
Specifically, the applicant shall provide proof of compliance with State Liquor Authority regulations governing service of alcohol in outdoor dining areas.

§ 250-8 Penalties for offenses.

A. 
Any business which shall cause, permit, or allow outdoor sidewalk dining without a license as described herein shall be guilty of a violation of this chapter.
B. 
Any business which shall fail to comply with the provisions of this chapter shall be guilty of a violation of this chapter.
C. 
A violation of the provisions of this chapter or of Town conditions, approvals, or restrictions issued herein shall be a misdemeanor punishable by a fine not to exceed $500 for the first offense and not to exceed $1,000 for each subsequent offense.
D. 
Each day the violation continues shall constitute a separate offense. A separate penalty may be imposed for each separate offense.