[HISTORY: Adopted by the Board of Trustees of the Village of Haverstraw 4-18-2011 by L.L. No. 5-2011. Amendments noted where applicable.]
Outdoor dining in the form of a sidewalk cafe may be permitted by special permit of the Building Inspector, provided that such use is incidental to and in conjunction with an established permitted restaurant, drinking establishment or delicatessen as permitted in the commercial districts. Outdoor cabarets and outdoor dining in conjunction with a cabaret are specifically prohibited.
The Building Inspector is authorized to issue a special permit renewable yearly to operate a sidewalk cafe on public property, provided that the standards and requirements set forth in § 159-3 of this chapter have been complied with by the applicant. This exception applies only to sidewalks. The Building Inspector may refuse a renewal of the permit if in his judgment the use at that location has unreasonably interfered with vehicular or pedestrian traffic or the premises has a history of lack of cleanliness or a violation of site plan or for any other good cause which he may document.
The Building Inspector shall require a simplified site plan to be filed as a part of each application and such plan shall conform in all respects to the following:
There shall be a minimum of three feet of clear distance adjacent to the area occupied by the sidewalk cafe in order to allow adequate pedestrian movement. When an extended building line places a permitted establishment within 20 feet of the corner of a block, a sidewalk cafe shall only be permitted when it is determined that the use will not create a hazard, a sight distance obstruction for motor vehicle operators or unduly impede pedestrian traffic. There shall be no tables within or blocking an entrance or exit doorway.
A sidewalk cafe may be located only directly in front of the establishment with which it is associated. Sidewalk cafes shall be placed adjacent to the building and where the sidewalk is of such width and design that it does not interfere with pedestrian or vehicular traffic. Tables may be permitted against or away from the building, within the Building Inspector's discretion, provided that pedestrian and vehicular traffic is not impeded.
The perimeter of the outdoor cafe area shall be highlighted with an erasable or removable marking. Such marking shall be applied by the permit holder as its sole cost. The permit holder shall be fully responsible for the proper application and removal of any such marking and shall be liable for any subsequent damage or permanent indication of such marking on the public sidewalk. A fully removable gateless fencing no higher than table height may be erected on the perimeter line and attached to the building if removed nightly.
Furnishings shall consist solely of tables, table umbrellas, chairs, planters containing live plants and accessories. Furnishings may not be attached, even in a temporary manner, to the sidewalk or other public property.
No permanent structure or enclosure to accommodate the storage of furniture, accessories or accumulated garbage may be erected or placed adjacent to or separate from the sidewalk cafe on public property.
A sidewalk cafe shall not interfere with any public service facility such as a mailbox or public bench located on a sidewalk.
All outdoor cafes pursuant to this chapter must provide a food menu, but this shall not be interpreted to prohibit the service of beverages only.
Tables shall be cleared promptly upon the departure of guests and all tables shall have ashtrays which must be emptied and cleaned as needed. The management is responsible for a neat appearance and a tidy sidewalk in and about the area at all times.
The permit holder of a sidewalk cafe shall maintain, at its sole expense, comprehensive general liability insurance coverage in an amount not less than $1,000,000, with the Village named as additional insured.
The Building Inspector may prohibit or limit the hours of operation of any activities that may impact an adjacent or nearby properties, such as the operation or use of musical instruments or sound reproduction devices, or any noise emanating from the sidewalk cafe or outdoor vending area other than the conversational and service sounds.
When the associated indoor establishment is not open or the sidewalk cafe is not in daily use, all furnishings shall be removed daily from public property.
Permission to serve alcoholic beverages at sidewalk cafes shall be contingent upon the applicant obtaining written approval from the New York State Liquor Authority to serve such alcoholic beverages at the location of the sidewalk cafe. Proof of such permission must be provided to the Building Inspector prior to the issuance of any special permit. Additionally, all alcoholic beverages to be served at sidewalk cafes shall be prepared in the interior of the establishment.
The restaurant shall not serve food or beverage to a patron at a sidewalk cafe unless that patron is seated at a table.
Sidewalk cafes and the public property on which they are located shall be kept neat and clean at all times and free from any substance that may damage the sidewalk or cause pedestrian injury.
The total number of patrons at any outdoor cafe or at any sidewalk tables authorized under this chapter shall not exceed six patrons as of 12:00 midnight of the morning following an evening of food and beverage service.
All outdoor cafes and sidewalk tables authorized under this chapter, as well as any furnishings used in association with the outdoor cafe area, shall be removed from the outdoor cafe area at or before 1:00 a.m. of the morning following an evening of food and beverage service.
This chapter shall be enforceable by the Building Inspector, Village Code Enforcement Officer, the Town of Haverstraw Police or the Village parking enforcement aides.
Any person violating or failing to comply with the provisions of this chapter or with any order or direction lawfully given hereunder shall be liable to a penalty not exceeding $500, imprisonment for not more than 15 days, or both such fine and imprisonment.
The Village Board may revoke a special permit for outside dining if the police are called to the establishment for a disturbance of any kind three or more times in a six-month period or any conviction of an offense under this chapter.