[Adopted 6-18-2020 by L.L. No. 3-2020]
A.
It is the purpose and intent of the Board of Trustees in enacting
this article to allow for the controlled utilization of certain outdoor
spaces for dining activities, for a limited period of time, to assist
business establishments in recovery from the effects of the COVID-19
pandemic emergency. The Board recognizes that the Village of Rockville
Centre enjoys an attractive and thriving business community, including
many restaurants in business and commercial districts. Occupancy of
dining establishments may be limited to numbers less than those existing
prior to the COVID-19 emergency, and such establishments may seek
to provide additional areas for seating and service of patrons. In
addition, patrons of local dining establishments may wish to patronize
such establishments and enjoy the benefits of dining outdoors. The
Board finds that it is in the public interest to provide an opportunity
for such establishments to provide outdoor dining space, on conditions
which balance the public interest in maintaining the quality of life
in the community, preserving the public health, safety and welfare
of the community, and protecting the users, owners and occupants of
surrounding properties. Accordingly, this article is enacted to provide
a permitting and licensing procedure which would balance these needs
and desires, encourage the orderly use of property and encourage the
revitalization of these popular uses. The provisions of this article
are intended to temporarily allow lawfully existing restaurants and
food service establishments a means to enlarge or expand their operations
outdoors during the period of time this article is in effect, in recognition
that such establishments are or have been subject to reduced interior
occupancy or density restrictions arising from the COVID-19 pandemic,
and to protect the public health, safety, and general welfare of the
community.
B.
The permit and license criteria and conditions set forth herein are
promulgated with these issues and concerns in mind and with the intent
to conditionally allow outdoor dining uses, including authorizing
such uses on public property, while continuing to protect and promote
the community and environment which make such dining desirable. This
article is not intended to authorize, support or encourage the establishment
of restaurant uses on properties other than those on which such uses
lawfully exist at the time of adoption of this article and is intended
only to provide for certain outdoor uses in conjunction with existing
lawful restaurant uses, for a period of time which will facilitate
economic recovery.
The following definitions are set forth for the administration
of this article:
An object, natural or man-made, other than a bollard, which
is used to obstruct the passage of motor vehicles and separate pedestrian
and vehicular traffic. Natural objects may include large trees or
boulders.
A vertical post designed and used to obstruct the passage
of motor vehicles and separate pedestrian and vehicular traffic.
A flooring material, usually constructed of a wood or composite
decking materials, which is flush-mounted to the roadway surface so
that tables and chairs are not placed directly onto the pavement.
A use as defined in Village Code § 340-2, provided that such use may be limited or circumscribed by conditions included in this article or in any license issued pursuant to this article.
The Village Superintendent of Buildings.
A device that is designed, engineered, and sited so as to
effectively separate areas of pedestrian and vehicular travel and
prevent automobiles from encroaching into areas which are solely intended
for pedestrian use and travel. Vehicle impact protection devices shall
be comprised of bollards or barriers.
Streets, sidewalks, and parking lots which belong to, or
are leased or licensed to, or otherwise under the control of, the
Village of Rockville Centre, or such portions thereof as may be permissible
and appropriate locations for uses authorized pursuant to this article.
A.
Notwithstanding any provision in the Code of the Village of Rockville
Centre to the contrary, with a permit or license issued pursuant to
this article, lawfully existing restaurants and food service establishments
may expand seating areas by up to 50% of the previously approved floor
area devoted to seating, or 50% of the authorized occupancy of the
premises prior to issuance of any executive order(s) of the Governor
reducing such authorized occupancy, whichever is greater, without
providing additional parking spaces.
(1)
Any permit or license issued pursuant to this article for outdoor
dining on private property shall be considered a permit, regardless
of any other name or designation given to such approval.
(2)
Any permit or license issued pursuant to this article for outdoor
dining use on Village property, or other public property, shall be
deemed to be a revocable license, regardless of any other name or
designation given to such approval. Each license issue pursuant to
this article shall be revocable by the Village at any time, pursuant
to procedures provided in this article. The issuance of a license
pursuant to this article shall not be deemed to have created any property
right or any vested right in or to the licensee.
B.
No restaurant or food service establishment may temporarily expand
seating capacity pursuant to this article without first filing with
the Superintendent an application for such temporary expanded seating
capacity and obtaining a permit or license as provided in this article.
Such permit or license may be issued as provided herein, without any
requirement that the applicant obtain any site plan, zoning variance,
conditional use permit, or other approval from the Village or any
of its boards or agencies, except as otherwise provided in this article.
C.
Temporary expanded seating capacity areas are not required to be
located within the original confines of the establishment but must
comply with applicable public assembly, accessibility and firesafety
regulations and all applicable federal, state, county and Village
laws, rules, orders, codes and regulations.
D.
Subject to the provisions of this article, temporary expanded seating
capacity areas may be established entirely within the property boundaries
of the dining establishment, on contiguous private property or upon
a contiguous Village property (including a public street, sidewalk
or parking lot), provided that the area in which the expanded seating
is being provided is under the ownership or control of the applicant.
If the area to be used for the expanded seating is in public ownership
or under the control of a public entity, the applicant must first
obtain a license from the public entity as provided in this article.
A permit or license pursuant to this article shall only permit temporary
expanded seating capacity areas in the locations referenced herein.
Nothing in this article shall be construed to authorize outdoor dining
and/or service of beverages, including alcohol, in any other area,
including rooftops and roofs.
E.
A permit or license for a temporary expanded seating capacity area
shall only be authorized where it is determined by the Superintendent
that the use will not create a hazard, a sight distance obstruction
for motor vehicle operators, nor unduly impede pedestrian traffic.
F.
Application for permit or license.
(1)
Application for a permit or license pursuant to this article shall
be made to the Superintendent on a form provided by such Superintendent,
which shall include a sworn statement as to the following information.
For good cause shown, the Superintendent may waive the requirement
for submission of any or all of the required information and documentation.
(a)
The full legal name and address of the owner of the establishment
for which the license or permit is being requested and the full name
and address of the owner of any property on which the use is proposed
to be operated.
(b)
If any part of the proposed use is to take place on property
not owned by the owner of the establishment for which the license
or permit is being requested, written documentation that such owner
has control over such property, or the written consent of the owner
of such property, duly acknowledged in the same manner as required
for a deed to be recorded.
(c)
A description of the nature and extent, and location, of the
proposed use.
(d)
A site plan or diagram satisfactory to the Superintendent showing
the location of service and arrangement of tables and chairs.
(e)
A valid certificate of insurance, if applicable.
(f)
Where applicable, a valid license or permit from the New York
State Liquor Authority.
(g)
A statement affirming that the applicant shall comply with all
requirements set forth in this article.
(h)
A copy of this article signed by the applicant as recognition
and acceptance of all of its terms.
(2)
The Superintendent may require an applicant to provide such other
information as may reasonably be required to establish compliance
with the provisions of this article and other applicable laws, codes,
rules, orders and regulations.
(3)
Upon submission of a completed application, and a determination by
the Superintendent of compliance with the requirements of this article,
the Superintendent may issue a permit or license for a temporary expanded
seating capacity area in one or more of the locations authorized in
this article.
(a)
The authority of the Village to consent to the use of Village
property for the purposes set forth in this article, and the authority
to make application on behalf of the Village to any state agency in
furtherance of such use, is hereby delegated to the Superintendent.
The Board of Trustees, acting by resolution at any time and without
public hearing or other notice, may limit or rescind such delegation
and authority.
(b)
In granting a permit or license pursuant to this article, the
Superintendent is authorized and directed to include reasonable and
appropriate conditions to protect the safety and well-being of persons
and property, maintain public order, permit safe and reasonable passage
for pedestrians and vehicles, and otherwise promote the general welfare.
Such conditions may include, without limitation, restrictions as to
days and times of permitted usage, number of persons authorized to
be on any licensed site, and number and location of tables and seating,
and any other conditions which, in the reasonable judgment of the
Superintendent, are necessary to foster compliance with any applicable
law, rule, order or regulation.
(4)
Temporary expanded seating areas authorized by this article shall
be subject to the following regulations:
(a)
Every use pursuant to this article shall be conducted and operated
in compliance with all applicable federal, state, county and Village
laws, rules, orders, regulations, ordinances, and codes, and with
all applicable permits and licenses or other approvals issued by any
other governmental agency, unless specifically provided otherwise
in the permit or license issued pursuant to this article.
(b)
No food may be cooked or prepared in any area used for outdoor
seating pursuant to this article; provided, however, that nothing
in this subsection shall prevent the mixing of ingredients or presentation
of a menu item.
(c)
Permits shall be obtained for all structures erected in furtherance
of or in relation to an outdoor dining use as may otherwise be required
by law, and in compliance with all applicable fire, safety and building
codes.
(d)
Where necessary, wind screens shall be provided to contain any
loose objects that may otherwise be carried off site by the wind.
(e)
All food and beverages shall be dispensed from the interior
of the establishment. There shall be no outdoor bar or service counter.
(f)
Alcohol may only be served in conjunction with food that is
otherwise available for purchase without alcohol. All businesses serving
alcoholic beverages must be in compliance with all state laws and
regulations, including those of the New York State Liquor Authority.
Copies of permits or licenses shall be provided to the Superintendent
prior to any service of alcoholic beverages.
(g)
No temporary expanded seating capacity area shall be established
within 50 feet of a one- or two-family residential property.
(h)
Where necessary, sun shade may be provided either by individual
umbrellas or an area-wide canopy.
(i)
Putrescible waste must be contained in a refrigerated compartment
within the interior of the restaurant or food service establishment
for future disposal.
(j)
Restaurants and food service establishments with temporary expanded
seating capacity areas shall take all steps necessary to maintain
safety and to immediately remedy any unsafe situation.
(k)
Applications shall include a site plan for the premises for
which the permit or license is requested showing all structures thereon,
a sketch showing the proposed number of tables and chairs and the
area to be used for temporary expanded seating capacity with a proposed
seating plan for same.
(l)
The authorized hours of service at any temporary expanded seating
capacity area shall be stated in the permit or license; provided,
however, that service at any temporary expanded seating capacity area
shall be permitted no later than 10:00 p.m. on Sunday through Thursday
and 11:00 p.m. on Friday and Saturday. Tables and chairs and menu
signs, and other objects, shall be removed from any public property
no later than 10:30 p.m. on Sunday through Thursday and 11:30 p.m.
on Friday and Saturday. Tables and chairs and menu signs, and other
objects, shall not be set up earlier than 30 minutes before service
begins.
(m)
Smoking or vaping is not permitted in any outdoor dining areas.
(n)
The premises on which the temporary expanded seating capacity
service is to be offered must have a valid certificate of occupancy
and a public assembly license or place of assembly license, as applicable.
(o)
There shall be no sound amplification or public address system
permitted in any temporary expanded seating capacity area. The installation,
use or maintenance of radios, speakers, televisions or like apparatus
and live entertainment shall be prohibited in any temporary expanded
seating capacity areas. No live music or amplified sound shall be
audible off the premises.
G.
Outdoor seating on Village property.
(1)
Notwithstanding any other provision of this Code to the contrary,
but in compliance with this article, the Superintendent may issue
a temporary expanded seating capacity area license for outdoor seating
on public property owned or controlled by the Village of Rockville
Centre in conjunction with a lawful restaurant or food service establishment.
(2)
Subject to the approval of the Superintendent, the applicant for
such license shall provide for appropriate and reasonable pedestrian
access on any public property being used for temporary expanded outdoor
seating, including clearances for tables, chairs and other objects,
such as menu signs. All such tables, chairs, menu signs and other
objects shall be kept out of any pedestrian access area. Clearance
for pedestrian access areas must be around obstacles such as signs,
benches, garbage cans, accessibility ramps, driveway access and other
impediments. Employees of the licensed establishment may temporarily
be within the pedestrian access area while performing their duties,
such as serving, but may not place objects, such as tray stands, in
pedestrian access areas. Employees shall at all times yield to pedestrians
within the pedestrian access area.
(3)
Where the public property to be used pursuant to license as authorized
by this article consists of a parking lot, or street, or portion thereof,
or other area where vehicles are customarily operated or parked, the
Superintendent may grant a license for use of such areas pursuant
to this article, upon approval of requirements for appropriate and
reasonable protection of pedestrians and vehicular traffic and clearances
for tables, chairs and other objects, such as menu signs. Approval
of the Superintendent shall be required for location, operation and
management of all such public property, to the end that pedestrian
and vehicular traffic shall be managed and conducted safely and patrons
and other persons on such property shall be protected. The Superintendent
may impose reasonable requirements to protect the public health, safety
and general welfare and to secure and protect such areas for occupancy
and pedestrian and vehicular traffic.
(4)
The applicant shall provide a certificate of insurance, and/or an
endorsement to such insurance policy in form satisfactory to the Village,
with liability limits of at least $2,000,000 per occurrence and which
names the Village of Rockville Centre, its officers, agents and employees
as additional named insureds. This insurance is required to remain
in effect for the duration of the outdoor sidewalk seating activities
and to cover all claims arising out of, or in relation to, said activities.
The Village must be notified in the event of any threatened or actual
lapse in insurance coverage. Any such lapse in coverage shall automatically
revoke the license authorizing a temporary expanded seating area on
public property. Regardless of the available insurance coverage, the
applicant shall be liable for any and all claims, damages and expenses
(including the Village's costs of defense) arising out of or in relation
to the operation of a temporary expanded seating area for outdoor
seating on public property. The submission of an application for a
license for use of public property pursuant to this article shall
constitute an agreement by the applicant to defend, indemnify and
hold the Village harmless from and against any such claims, damages
and expenses (including attorneys' fees).
(5)
Licensees for use of public property pursuant to this article may
display menu signs only within time periods, and only on conditions,
as authorized by the Superintendent. The Superintendent is authorized
and directed to establish a preapproved menu sign form, including
size and display specifications, which licensees may display without
obtaining a sign permit.
(6)
Restaurants and food service establishments authorized to have outdoor
seating on public property shall take all reasonable steps to control
littering and shall dispose of all trash as otherwise required and
must clean all areas of such public property being used pursuant to
a license issued under this article.
(7)
The Superintendent may require a platform or ground cover at any
location where outdoor seating is provided within a parking lot or
street. Such seating area must be protected by a barricade, bollard
or other suitable vehicle impact protection device approved by the
Superintendent. A minimum distance of eight feet must be maintained
between the seating area and the closest vehicular parking stall or
access lane.
(a)
All platforms and ground coverings shall provide for accessibility.
Notwithstanding any provisions of this article, outdoor parking lot
or street seating shall be in all respects compliant with all applicable
provisions of the Americans with Disabilities Act of 1990, as amended
from time to time. Ramps and wheelchair edge protection shall be provided
where required.
(b)
Installation of any platform within a parking area or street
shall be in compliance with the New York State Building Code relative
to structural strength, firesafety, means of egress, accessibility,
light, ventilation, and sanitary requirements.
(8)
No temporary expanded seating capacity area located within a parking
lot or street may occupy, encroach or impede into any New York State
required accessible spaces or fire lanes.
(9)
Vehicle impact protection devices required.
(a)
Vehicle impact protection devices shall be required to protect
a temporary expanded seating capacity area located within a parking
lot or on a public street.
(b)
Performance standard. All vehicle impact protection devices
shall be engineered and determined to be in compliance with ASTM Publication
F3016.
(c)
Location. Vehicle impact protection devices shall be located:
[1]
Between any area designated for parking spaces and the beginning
of the adjacent, converted parking area to be used as the outdoor
seating area; and
[2]
To the extent practicable, between the means of egress from
the restaurant or food service establishment and the designated outdoor
seating area. Barriers and bollards may be offset and staggered in
terms of relative distance to provide protection.
(10)
All platforms and ground coverings shall provide for accessibility.
Notwithstanding any provisions of this article, outdoor courtyard
seating shall be in all respects compliant with all applicable provisions
of the Americans with Disabilities Act of 1990, as amended from time
to time. Ramps and wheelchair edge protection shall be provided where
required.
(11)
Canopies and tents; table umbrellas.
(a)
Installation of a canopy or tent shall be in compliance with
the New York State Fire Code and the Nassau County Fire Ordinance.
Proof of approval from the Nassau County Fire Marshal shall be provided
to the Building Department prior to issuance of a permit under this
article.
(b)
Installation of individual table umbrellas shall be in compliance
with the New York State Fire Code.
H.
Permit revocation. The Superintendent shall have the authority to
suspend or revoke any permits or licenses issued pursuant to this
article upon a finding that:
(1)
There has been any false statement or misrepresentation as to a material
fact in the application, plans or specifications on which the permit
or license was based.
(2)
The permit or license was issued in error and should not have been
issued in accordance with the applicable law.
(3)
The expanded seating capacity authorized under the permit or license
is not executed or operated in accordance with the provisions of the
application, plans or specifications.
(4)
The permittee or licensee fails or refuses to comply with a lawful
order issued by the Superintendent.
I.
Duration of permit or license.
(1)
Any permit issued pursuant to this article for use of private property
for expanded outdoor dining shall expire 60 days after issuance, and
all structures, fixtures or other items located within the temporary
expanded seating capacity area authorized by such permit shall be
removed no later than five days after permit revocation, suspension
or expiration. Any permit issued pursuant to this article may be renewed
by the Superintendent for successive periods not to exceed 60 days
each.
(2)
Any license issued pursuant to this article for use of Village property
shall remain in effect for 60 days unless sooner terminated, suspended
or revoked pursuant to this article. Any such license may be revoked
by the Superintendent at any time. All structures, fixtures or other
items located within the temporary expanded seating capacity area
authorized by such license shall be removed no later than five days
after license revocation, suspension, or expiration. Any license issued
pursuant to this article may be renewed by the Superintendent for
successive periods not to exceed 60 days each; provided, however,
that any such license may be revoked at any time.
J.
Fee. No license or permit shall be issued or renewed pursuant to
this article except upon payment of a permit or license fee as may
be established, or amended, from time to time by resolution of the
Board of Trustees.
A.
To the extent any license issued pursuant to this article authorizes
any use of Village property, such license is revocable by the Superintendent
or the Board of Trustees at any time, with or without cause.
B.
Each license or permit issued pursuant to this article may be revoked,
or suspended in whole or in part, by the Superintendent or the Board
of Trustees at any time upon a determination of violation of law or
of any terms or conditions applicable to the license.
C.
Any person aggrieved by the suspension or revocation of, or denial
of or refusal to renew, any license or permit pursuant to this article,
or any condition imposed by the Superintendent in issuing or enforcing
any license or permit, may appeal to the Village Board of Trustees,
in writing, within 10 days after notice of any such suspension, revocation
or denial. The Board of Trustees shall consider and determine any
such appeal expeditiously.
D.
Filing of an appeal pursuant to this section shall not constitute
or create a stay of the determination being appealed. Any person seeking
such a stay shall make written application to the Mayor, who may,
in the sole exercise of discretion, grant such stay, with or without
conditions, and determine the duration of such stay, provided that
no such period shall extend beyond the date the Board of Trustees
issues a decision on any appeal.
E.
A decision of the Board of Trustees with respect to any appeal may
reverse, affirm, or modify the Superintendent's determination being
appealed and in doing so may impose any reasonable conditions which,
in the sole discretion of the Board, may be appropriate.
If any part or provision of this article or the application
thereof to any person or circumstance is adjudged invalid by any court
of competent jurisdiction, such judgment shall be confined in its
operation to the part or provision or application directly involved
in the controversy in which such judgment shall have been rendered
and shall not affect or impair the validity of the remainder of this
article or the application thereof to other persons or circumstances.
The Board of Trustees of the Village of Rockville Centre hereby declares
that it would have passed this article or the remainder thereof had
such invalid application or invalid provision been apparent.
[Amended 12-6-2021 by L.L. No. 6-2021; 7-14-2022 by L.L. No. 4-2022]
This article shall take effect immediately pursuant to the Municipal
Home Rule Law and shall remain in effect until July 6, 2023; provided,
however, that the Board of Trustees may, by resolution, extend the
effective date of this article for one or more additional periods,
provided that in no event shall this article remain in effect after
July 6, 2025.
