[Adopted 8-25-2020 by L.L. No. 1-2020]
[Amended 11-10-2020 by L.L. No. 3-2020]
A. Upon application, the Building Inspector is hereby authorized to issue a permit to remain in effect for a period not to exceed 45 days to a legally operating fully enclosed eating and drinking establishment or eating and drinking establishment use as set forth in the Town of Ossining Zoning Code, to provide outdoor seating for patrons on the establishment's private property upon the establishment complying with all of the requirements and conditions set forth in §
136-2 to the reasonable satisfaction of the Building Inspector. The Building Inspector may grant the permit for less than 45 days in his reasonable discretion based upon the circumstances warranting the granting of the permit.
B. An application for the first temporary outdoor dining permit must
be made at least 10 days in advance of the establishment seeking to
utilize outdoor dining. Renewal applications for subsequent permits
must be issued five days prior to the active permit expiring. If the
establishment fails to timely apply for a permit or a renewal, the
establishment must cease any and all operations authorized by the
permit if and until a new permit is issued.
C. This permit only authorizes outdoor seating, not congregating or
standing outside. An open-air tent without sides or flaps may be provided
to cover the area of outdoor seating. When the Building Inspector
reasonably believes it is appropriate and necessary based upon information
provided by the applicant, the Building Inspector may, in his discretion,
allow the establishment to have a tent that is enclosed with sides
or flaps and heating devices, provided the heating devices are portable
and comply with all applicable safety regulations, including but not
limited to the Uniform Fire Prevention and Building Code.
In its application to the Building Inspector for a temporary
outdoor dining permit, the establishment shall include the following
information:
A. Certificate of occupancy or other documentation demonstrating that
the establishment is legally operating within the Town
B. An explanation of why, due to a risk to public health, safety and
welfare, the establishment cannot utilize any or all of the designated
indoor space for the service of patrons, such that there is a need
to provide outdoor dining.
C. A plan showing where the seating will be provided both indoors and
outdoors, which plan must show a potential seating capacity not to
exceed the maximum permissible indoor capacity but for the risk to
public health, safety and welfare that precludes the establishment
from utilizing any or all of the designated indoor space for the service
of patrons.
D. If seating is going to be provided in a designated parking area,
a plan showing vehicular and pedestrian access, internal vehicular
circulation and the number of parking spaces available for patrons
to demonstrate, to the reasonable satisfaction of the Building Inspector,
sufficient parking on the site.
E. Any other information the Building Inspector determines to be reasonably
necessary.
Except to the extent stated herein, the establishment shall
be required to comply with all other applicable federal, state and
local laws, rules, regulations and executive orders, including but
not limited to, the Uniform Fire Prevention and Building Code, New
York State Department of Health Regulations, New York State Liquor
Authority Regulations and the Town Code.
[Amended 8-24-2021 by L.L. No. 7-2021]
A. The establishment
may apply for and, upon compliance with this article, obtain an unrestricted
number of temporary outdoor dining permits for a twelve-month period.
However, if in the course of the twelve-month period from when the
establishment received its first temporary outdoor dining permit,
the establishment has applied for and/or received five or more temporary
outdoor dining permits, at the end of the twelve-month period from
when the establishment received its first temporary outdoor dining
permit, if the establishment wishes to continue outdoor dining on
the premises it must apply to the Planning Board for site plan approval
or amended site plan approval, as the case may be.
B. In an effort to assist eating and drinking establishments in recovering
from the financial impacts of the COVID-19 pandemic, the state enacted
legislation (S.6353-A/A.7733) that enables those businesses licensed
by the State Liquor Authority to sell alcohol for on-site consumption
to use municipal or other nearby private space for outdoor dining
until July 7, 2022 ("State Law"). In order to be consistent with state
policy, the Town Board wishes to modify the requirements for local
establishments to obtain temporary outdoor dining permits as a result
of the COVID-19 pandemic, subject to the following:
(1) In order to be eligible for the provisions set forth in this Subsection
B, the establishment must have duly applied for and received at least one temporary outdoor dining permit as a result of the COVID-19 pandemic prior to July 7, 2021.
(2) The establishment may continue to obtain temporary outdoor dining
permits until July 7, 2022.
(3) All the provisions of this article shall continue to apply and the
establishment must comply with all of the requirements of this article
in order to be entitled to a temporary outdoor dining permit, except
for the following:
(a)
Subsection
A to the extent it limits the number of permits that can be issued in a twelve-month period without being required to obtain site plan approval or amended site plan approval, as the case may be; and
(b)
Subsection
B to the extent it requires the establishment to explain why, due to the risk to public health, safety and welfare, the establishment cannot utilize any or all of the designated indoor space for the service of patrons.
(4) Effective July 8, 2022, any establishment that has obtained at least five temporary outdoor dining permits during any twelve-month period may only continue to have outdoor dining if it has obtained site plan approval or amended site plan approval, as the case may be, from the Planning Board prior to July 8, 2022. No further temporary outdoor dining permits, renewals or extensions may be issued by the Building Inspector after July 8, 2022 without compliance with this Subsection
B(4) and the Zoning Code. In issuing any temporary outdoor dining permits or extensions pursuant to this Subsection
B, the Building Inspector shall notify the establishment of the requirements set forth in Subsection
B(4).
A violation of any provision or requirement of this article
or a violation of any statement, plan, application, permit or certificate
required, issued and/or approved under the provisions of this article,
or of the terms or conditions contained therein, shall be considered
an offense punishable by a fine of not less than $100 nor more than
$5,000 or imprisonment for a period not to exceed 15 days, for both
such fine and imprisonment. Each and every day that any such violation
continues after the specified time to abate shall constitute a separate
offense.