As used in this chapter, the following terms shall have the
meanings indicated:
OUTDOOR BUSINESS AREA
An outdoor space that is an area not considered to be a sidewalk cafe as set forth in Chapter
75, and is utilized by a food service establishment, personal care establishment, recreational establishment or retail establishment pursuant to an outdoor business area permit.
PERSONAL CARE ESTABLISHMENT
A business engaged in providing personal services to persons
relating to hygiene and/or beauty, including barber shops, nail salons,
hair-dressing establishments, beauty salons and similar establishments.
RECREATIONAL ESTABLISHMENT
A business and/or club which, for compensation and/or dues,
offers recreational services, including, but not limited to, gyms;
health clubs; martial arts studios; educational uses; indoor sports
facilities; outdoor recreation facilities such as skating rinks, bocce
and sports courts; children's play facilities; bowling alleys;
rock climbing gyms; indoor tennis clubs; e-sports; and similar establishments.
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 Village concerning its public easement
over the streets and sidewalks, or of any requirement of law concerning
the liability of the Village with respect to streets and sidewalks,
whether expressed or implied.
Prior to the issuance of an outdoor business area permit, the
applicant shall agree, on a form approved by the Village Attorney,
to indemnify and save harmless the Village, its officers, agents,
attorneys and employees, from and against any claim of loss, liability
and/or damage (including but not limited costs and attorneys'
fees) arising or resulting the applicant's operation of the outdoor
business area.
The Village Administrator may modify any requirements set forth
in this chapter, unless required elsewhere by county or state law.
All outdoor business area permits shall be valid for three months.
Upon written request to the Village Administrator and at the Village
Administrator's discretion, an outdoor business area permit may
be renewed.
Any person committing an offense against the provisions of this
chapter shall be guilty of a violation punishable by a fine not exceeding
$250. The continuation of an offense against the provisions of this
chapter shall constitute, for each day the offense is continued, a
separate and distinct offense hereunder. The provisions of this chapter
are enforceable by the Village Police and the Village Building Inspector.
An application for an outdoor business area permit must be accompanied
by a payment of the administrative fee chargeable for an outdoor business
area permit as set forth by resolution of the Village Board of Trustees
in the Village Fee Schedule, which may be amended at any time.
Should any section or provision of this chapter be determined
by any court of competent jurisdiction to be unconstitutional or invalid,
then such section or provision shall be null and void and shall be
deemed separable from the remaining section of this chapter, and such
determination shall in no way affect the validity of the remaining
sections or provisions of this chapter.