[HISTORY: Adopted by the Town Board of the Town of Lewisboro 2-22-2021 by L.L. No. 1-2021. Amendments noted where applicable.]
The purpose of this chapter is to allow certain outdoor special events and sales in the nonresidential districts of the Town of Lewisboro through the issuance of a permit by the Town Board.
For the purpose of this chapter only, certain words and terms used herein are defined as follows:
OUTDOOR SPECIAL EVENTS
All outdoor sales events, street festivals, art exhibits, antiques markets, arts and crafts sales, food distribution, licensed food trucks, food sales and/or food services, and all similar outdoor merchandising activities or special events.
A. 
All outdoor sales events, street festivals, art exhibits, antiques markets, arts and crafts sales, food distribution, licensed food trucks, food sales and/or food services and all similar outdoor merchandising activities or special events conducted in any nonresidential district which exceed the building envelopes and/or are likely to impact available public parking areas, vehicular or pedestrian traffic flow or access to or through the public roads of the district arc prohibited unless a permit is applied for and approved by the Town Board of the Town of Lewisboro as set forth herein. No permit shall be required for standard normal business operations which are conducted on-premises.
B. 
Upon receipt of a completed application for issuance of a permit pursuant to this chapter, together with the appropriate fee as set forth in the Town Fee Schedule, the Town Board shall either approve the application, deny the application, or approve the application with conditions within 30 days.
C. 
In reviewing any application for issuance of a permit pursuant to this chapter, the Town Board shall be permitted to consult with the Town of Lewisboro Building Department and/or the Town of Lewisboro Police Department regarding such application to the extent that the Town Board deems necessary.
A. 
In considering any application for a permit as required herein, the Town Board shall attach such conditions, limitations or safeguards as it deems necessary to ensure adequate traffic and emergency vehicle flow in and through the subject area, pedestrian traffic flow, necessary crowd control and police protection, adequate toilet facilities and parking facilities and any other reasonable measures deemed necessary by the Town Board to promote and preserve the public health, safety and welfare.
B. 
The issuance of permits pursuant to this chapter shall be limited as follows:
(1) 
Within the CC-20 Districts for commercial properties only;
(2) 
Within the SU Districts for commercial properties only;
(3) 
Within the RB Districts for commercial properties only;
(4) 
Within the GB Districts for commercial properties only.
C. 
Permits issued pursuant to this chapter shall be valid for the calendar year January 1 through December 31 regardless of date of issuance.
D. 
Any such permit issued by the Town Board pursuant to this chapter shall, in the sole discretion of the Town Board, be renewable upon presentation of the appropriate fee and without submission of a new application.
E. 
Any such permit issued by the Town Board pursuant to this chapter shall remain subject to the provisions of Chapter 160 of the Town Code, entitled "Noise," as may be amended hereafter.
A. 
Any person or entity participating in an event that is issued a permit pursuant to this chapter shall be subject to an on-site inspection by the Town of Lewisboro at any time during the course of any outdoor special event being conducted pursuant to such permit.
B. 
If such person or entity is not in compliance with the provisions of this chapter and with any and all conditions imposed by the Town Board in issuing the permit, such permit shall be subject to revocation or suspension in the sole discretion of the Town Board.
C. 
Any such suspension or revocation may be appealed to the Town Board of Lewisboro, which appeal must be filed with the Town Clerk within 10 days of such revocation or suspension. Such appeal shall be heard and determined at the next available Town Board meeting after the appeal has been filed.
Any person or entity who participates in any of the events subject to a permit as described herein shall be required to prominently display at its point of sale its New York State sales tax certificate, Westchester County Department of Health permit, Town of Lewisboro permit issued pursuant to this chapter, and any other applicable permits as required by law.
Any person or entity who violates the provisions of this chapter shall be guilty of a violation, punishable by a fine not exceeding $250 for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $500 nor more than $700; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000. The continuation of an offense in violation of the provisions of this chapter shall constitute, for each day the offense continues, a separate and distinct offense hereunder.