[HISTORY: Adopted by the Town Board of the Town of North
Castle 4-14-2010 by L.L. No. 2-2010 (Ch. 142 of the 1987 Code). Amendments
noted where applicable.]
The outdoor dining regulations as established in this chapter
are designed to allow outdoor dining or sidewalk cafes on public and
private property in locations where they are determined to be appropriate
by the Building Inspector and to promote and protect the public health,
safety and general welfare. These general goals include, among others,
the following specific purposes:
A.
To provide adequate space for pedestrians on the sidewalk adjacent
to sidewalk cafes and to ensure access to adjacent commercial and
retail uses.
B.
To promote outdoor dining areas as useful and properly planned visual
amenities for the Town of North Castle.
C.
To promote the most desirable use of land and buildings and thereby
protect the Town's tax revenues.
For purposes of this chapter, the following terms shall have
the following meanings:
An outdoor dining area located on a sidewalk or on any portion
of the property of a food service establishment.
A public telephone, mailbox, bench or other facility provided
for the use of the general public.
Any area between the curbline and a structure, whether publicly
or privately owned, which is used by the public or open to use by
the public.
A.
No person shall engage in the operation of an outdoor dining area
except upon the granting of a license therefor by the Building Inspector
pursuant to this chapter and in accordance with the terms and conditions
of such license.
B.
Rules and regulations. The Building Inspector is hereby authorized
to grant revocable licenses for the use of an outdoor dining area
upon the following terms and conditions:
(1)
The license shall be valid only during a single calendar year, from January 1 to December 31, and shall be renewed each year thereafter on application of the licensee specifying any change from the information originally set forth pursuant to § 218-3C unless the Building Inspector, for cause, or the licensee does not renew said license. In the event the Building Inspector determines not to renew a license, he shall give notice to the licensee of said intention, by certified mail, return receipt requested, not later than 30 days after receipt of an application for renewal of said license, and the reason therefor. The licensee may seek review of the Building Inspector's determination by appealing to the Town Board. Such review shall be requested by the licensee in writing and not later than 15 days from the receipt of the denial of the application by the Building Inspector of said license. Upon appeal, the Town Board shall give notice to the licensee of the meeting at which the appeal will be considered, which notice shall be delivered personally or by certified mail and addressed to the licensee's address as shown on the application. Such licensee shall be entitled to attend the meeting before the Town Board and shall be afforded a full opportunity to be heard. The Town Board shall render a final determination within 30 days of the said meeting.
[Amended 5-26-2021 by L.L. No. 3-2021]
(2)
No outdoor dining area may be operated except:
(a)
As an accessory use to a restaurant, carry-out restaurant, accessory
cafe or retail food store lawfully operating on the first floor of
the premises.
(b)
On the sidewalk in front of the principal place of business
of such entity or on the side or rear of the principal place of business
of such entity, so long as the outdoor dining area is located on the
same property as the principal place of business.
(c)
By the entity which operates the restaurant, carry-out restaurant,
accessory cafe or retail food store.
(d)
The number of outdoor dining seats shall not exceed the total
maximum permitted number of seats within the premises to which the
outdoor dining area is accessory.
(3)
No outdoor dining area shall operate after 12:00 midnight or when
the entity with which it is associated is not open to the public.
No outdoor dining area shall operate between January 2 and March 31.
[Amended 5-26-2021 by L.L. No. 3-2021]
(4)
Furnishing of an outdoor dining area shall consist solely of readily
removable tables, chairs, umbrellas, seasonal heating, planters (containing
only live plants), and decorative accessories and trash receptacles
(together, "furnishings") of a design, type, size and color approved
by the Building Inspector, and all of which shall be uniform in style,
color and material. The advertising of products or brands on any furnishings
shall be prohibited.
[Amended 5-26-2021 by L.L. No. 3-2021]
(5)
No furnishings may be permanently affixed to the sidewalk or any
building. The licensee shall be responsible for any damage caused
to any sidewalk or public property as a result of the licensee's operations
under this chapter.
(6)
Signage shall be limited to small, nonilluminated identification
signs attached to the physical barrier or base wall of the outdoor
dining area. Said signage shall not exceed four square feet in area.
(7)
Outdoor dining areas, the public property on which they are located
and the surrounding area shall at all times be kept free and clear
of litter and debris.
(8)
An outdoor dining area shall be delineated by a removable physical
barrier or base wall no larger than 30 inches in height, separating
patrons from pedestrian traffic. Acceptable delineators shall be paneled
flower boxes, flower box posts and chains, wrought iron fencing, wooden
fencing, picket fencing (with blunt pickets) and posts and chains.
(9)
The licensee shall dispose of all refuse and shall recycle appropriate
materials in accordance with its designated and customary place of
disposal and shall have the affirmative obligation to maintain the
outdoor dining area and surrounding premises free of litter at all
times. Licensees may maintain receptacles for the disposal of waste
and recyclable materials on the property or sidewalk in a design,
type, size and color approved by the Building Inspector. Licensees
shall not use Town receptacles for disposal of garbage or recyclable
material.
(10)
The licensee shall have the consent of the owner and lessee,
if any, of the premises on which the licensed activity is to be conducted.
(11)
Lighting of outdoor dining areas shall not disturb the peace
and comfort of the neighboring inhabitants or occupants, or at any
time create excessive glare or lighting levels more than is necessary
for safely dining by the person or persons who are seated in the outdoor
dining area. No live or mechanical music shall be permitted.
[Amended 5-26-2021 by L.L. No. 3-2021]
(12)
All food and beverages to be served or consumed at outdoor dining
areas shall be prepared within the existing restaurant, carry-out
restaurant, accessory cafe or retail food store. The restaurant, carry-out
restaurant, accessory cafe or retail food store shall not serve food
or beverage to a patron at an outdoor dining area unless that patron
is seated at a table.
(13)
All alcoholic beverages to be served at outdoor dining areas
shall be prepared within the existing restaurant, and alcoholic drinks
shall only be served to patrons seated at tables. The drinking of
alcoholic beverages by a member of the public while a patron at an
outdoor dining area, within the confines of the sidewalk area, shall
not be construed as a violation of any ordinance controlling open
containers in a public area. The operator of the outdoor dining area
shall take whatever steps are necessary to procure the appropriate
license from the State Liquor Authority if he/she intends to serve
alcoholic beverages in the outdoor dining area and shall comply with
all other laws and regulations concerning the serving of alcoholic
beverages in this state.
(14)
Operation of an outdoor dining area shall not adversely impact
adjacent or nearby residential, religious, educational or commercial
properties and shall be in accordance with all applicable codes and
regulations.
(15)
Restaurants, carry-out restaurants, accessory cafes or retail
food stores located next to each other, without intervening uses or
entranceways to buildings, may have outdoor dining areas that abut
each other.
(16)
At all times a four-foot walking area between the cafe table
area and the curb must be maintained. Furnishings or other property
must not be allowed to intrude upon the four-foot walking area.
(17)
The licensee shall at all times maintain free and clear from
all obstruction an aisle not less than four feet in width, providing
access to any establishment fronting on a sidewalk.
(18)
The outdoor dining area shall not interfere with access to any
public service facility.
(19)
The number and location of tables shall comply with the maximum
occupancy and aisle width standards for dining facilities set forth
in the New York State Uniform Fire Prevention and Building Code.
C.
Application. Application for a license pursuant to this section shall
be made on a form designed by the Building Inspector. Such form shall
contain at least the following information:
(1)
The name and address of the licensee.
(2)
The proposed site for the activity.
(3)
A site plan showing the following:
(a)
A proposed layout.
(b)
The capacity of the existing facility and capacity of proposed
outdoor dining area.
(c)
A statement of the months, days and hours of intended operation.
(d)
The licensee's entire property and adjacent properties on a
location map with streets for a distance of at least 25 feet, at a
scale of one inch equals 10 feet.
(e)
A plan at a scale of 1/2 inch equals one foot, showing the design
and location of all furnishings.
The Building Inspector shall grant or deny an application for
a license pursuant to this chapter within 30 days of its complete
submission.
Upon a finding by the Building Inspector that the applicant has violated any provision of this chapter or the terms and conditions of the license or has engaged in any practice in conjunction with the regulated activity which constitutes a danger to the health or safety of any patron or pedestrian, the Building Inspector shall give notice to the applicant to correct such violation or cease such practice within 24 hours. If the applicant fails to comply with such notice, the Building Inspector may suspend the license for a period not in excess of 30 days, during which time the applicant shall be entitled to a hearing, at which the licensee may be represented by counsel, to present evidence in his behalf and confront the evidence against him. If, upon considering the evidence presented at the hearing, the Building Inspector adheres to the finding, the Building Inspector may reinstate the license with additional conditions related to the violation or improper practice which has been found or revoke the license and forfeit the applicant's cash deposit. In addition to, or in substitution for, the suspension or revocation of the license, the Building Inspector may impose an administrative sanction in an amount determined by him to be the cost to the Town of the applicant's failure to comply with the terms of this chapter or the permit issued to the applicant pursuant hereto, which such sanction shall be deducted by the Town Board from the applicant's cash deposit. The suspension, revocation or other action taken pursuant to this section shall not relieve the applicant or any other person from any liability which may be imposed pursuant to §§ 218-9 and 218-10 of this chapter.
Neither the adoption of this chapter nor the granting of any
license pursuant hereto shall be construed as a waiver of any right,
privilege or immunity of the Town of North Castle concerning its public
easement over the streets and sidewalks, or of any requirement of
law concerning the liability of the Town of North Castle with respect
to streets and sidewalks, whether expressed or implied.
The applicant shall agree, on a form approved by the Town Attorney,
to indemnify and save harmless the Town of North Castle, its officers,
agents, attorneys and employees, from and against any claim of loss,
liability or damage by any person arising as a result of the applicant's
operation of the outdoor dining area.
[Amended 11-18-2015 by L.L. No. 9-2015]
The applicant shall obtain, and maintain in full force and effect
throughout the term of the license, at its sole expense and on its
own behalf, a policy of general liability insurance, and furnish to
the Town of North Castle certificates of insurance in accordance with
the Town's minimum insurance requirements, together with an indemnification
and hold-harmless agreement. Should it be determined that the extent
of the operations in any particular case require insurance coverage
in greater amounts than the Town's minimum insurance requirements,
the applicant shall provide certificates of insurance in the requested
amounts. Said insurance policy shall contain a provision prohibiting
its cancellation except upon a minimum of 10 days' notice to the Town
of North Castle. The applicant shall file with the Town Board, prior
to the issuance of the license, a certificate evidencing the requisite
insurance and setting forth the actual cancellation notice provision
contained in the policy.
[Amended 4-29-2020 by L.L. No. 3-2020]
Any person who shall violate any of the provisions of this chapter
shall be liable to prosecution in the Town Justice Court and shall,
upon conviction thereof, be liable to a fine that shall not exceed
$1,000 per day per violation or be imprisoned for a period not exceeding
15 days, or both such fine and imprisonment. Each day's continued
violation shall constitute a separate additional violation. If a fine
imposed pursuant to this section or resulting from the maintenance,
use or operation of an outdoor dining area is not paid within five
business days after the fine is imposed, except as otherwise ordered
by the Court, the Town may immediately revoke the license for any
such licensee.
[Amended 8-14-2013 by L.L. No. 7-2013]
A deposit and fee shall be charged in connection with the review
of all outdoor dining license applications and other actions of the
Town described in or contemplated by this chapter in such amounts
as set forth in the Master Fee Schedule.[1]
