City of New Rochelle, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of New Rochelle 11-22-1983 by Ord. No. 267-1983.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks generally — See Ch. 281.
Zoning — See Ch. 331.
Fees — See Ch. A352.
[1]
Editor's Note: Section 2 of this ordinance provided that it shall take effect upon the adoption of a Zoning Ordinance provision permitting outdoor dining on public property.

§ 267-1 Permit required.

Notwithstanding any inconsistent provision contained in Chapter 281, Streets and Sidewalks, sidewalk cafes for the sale to the public of food and beverages, excluding however, alcoholic beverages, and for no other purpose shall be permitted, provided that a permit is obtained therefor from the Commissioner of Public Works.

§ 267-2 Application for permit.

Any person, firm or corporation desiring a permit shall make application to the Commissioner on forms provided for that purpose by the Commissioner.

§ 267-3 Conditions for issuance of permit.

A permit for a sidewalk cafe may only be issued to the owner or the tenant of a building occupied and used for the sale of cooked and prepared food, except fast-food restaurants, in a zoned district permitting such use and abutting the public sidewalk adjacent thereto, provided that the following requirements are met:
A. 
The sidewalk abutting the property, from property line to the curbline, must not be less than 10 feet in width.
[Amended 6-17-2008 by Ord. No. 129-2008]
B. 
The area to be used for the sidewalk cafe must not encroach onto the sidewalk more than 10 feet from the property line abutting the sidewalk and must not extend beyond the extension of the side property lines onto the sidewalk.
C. 
No permanent structures may be affixed to the sidewalk area used for the cafe or affixed to the building abutting the area for purposes of the cafe, and the area may be occupied only by chairs, tables, benches, umbrellas; movable railings, and planters for the convenience of the patrons to be served in such area. Movable railings or planters shall be so arranged as to enclose the dining area, and the sidewalk shall be inconspicuously marked to delineate the approved position of such barriers.
[Amended 6-17-2008 by Ord. No. 129-2008]
D. 
A clear unoccupied space must be provided, not less than three feet in width, from all entrances of the building abutting the sidewalk to the unoccupied portion of the public sidewalk.
E. 
Neither outdoor lighting nor live or mechanical music may be used on or for the cafe area, except that in such cases where street lighting is insufficient to so illuminate the dining area so that a hazard to those traveling the sidewalk may be created, the Commissioner shall direct and the applicant shall provide such lighting for nighttime hours as the Commissioner shall require.
F. 
General comprehensive liability insurance naming the applicant and the City of New Rochelle, its officers, agents and employees as named insured must be provided, with limits of $25,000/$50,000 for property damage and $1,000,000/$2,000,000 for personal injury, effective for the duration of the permit.
[Amended 6-17-2008 by Ord. No. 129-2008]
G. 
Permits may be issued annually in accordance with the requirements set forth in this section.
[Amended 9-8-2009 by Ord. No. 158-2009; 4-13-2010 by Ord. No. 56-2010]
H. 
There shall be a minimum clear distance of five feet, exclusive of the area occupied by the sidewalk cafe, free of all obstructions, such as trees, parking meters, utility poles, streetlights, benches, planters, and movable railings in order to allow for adequate and safe pedestrian movement.
[Added 6-17-2008 by Ord. No. 129-2008]

§ 267-3.1 Operating restrictions.

[Added 6-17-2008 by Ord. No. 129-2008]
A. 
All sidewalk cafes shall cease operations by 10:00 p.m. Sunday through Thursday and 11:00 p.m. Friday and Saturday.
B. 
All alcoholic beverages to be served at sidewalk cafes shall be prepared within the existing restaurant and shall only be served to patrons while seated at tables. The drinking of alcoholic beverages by a member of the public while a patron of the sidewalk cafe within the confines of the sidewalk cafe area shall not be construed a violation of any local law prohibiting the consumption of alcoholic beverages in a public place or area. The operator of a sidewalk cafe should be in full compliance with the licensing requirements of the State Liquor Authority, as the same may exist, and shall comply with all other law and regulations concerning the sale of alcoholic beverages in the state. In the event that said sidewalk cafe is not in full compliance with the State Liquor Authority laws and rules and regulations concerning the sale of alcoholic beverages, then serving alcoholic beverages in the sidewalk cafe area shall be prohibited.
[Amended 7-8-2008 by Ord. No. 142-2008]
C. 
The restaurant shall not serve food or beverages to a patron at a sidewalk cafe unless that patron is seated at a table.
D. 
Sidewalk cafes and the public property on which they are located shall be kept neat and clean at all times and free from any substance which might damage the sidewalk or cause injury to pedestrians.
E. 
Sidewalk cafes shall be utilized exclusively by patrons of the establishment.
[Added 1-17-2017 by Ord. No. 12-2017]

§ 267-4 Fees and deposits.

A. 
The fee for each permit shall be as set forth in Chapter 133, Fees, payable upon the issuance of the permit.[1]
[1]
Editor's Note: Amended during codification.
B. 
The sum of $100 shall be deposited, upon the issuance of the permit, to guarantee compliance with the terms of this chapter and the removal of such items as may be placed upon the public sidewalk, upon the expiration date of the permit. In the event that the permittee should violate any of the provisions of this chapter, the Commissioner of Public Works may, after five days' notice in writing by certified mail, return receipt, mailed to the address shown in the application, effective on the date of mailing and an opportunity to the permittee for a hearing, upon a finding by the Commissioner of such violation, or the default of the permittee to appear for the hearing at the time and date specified in such notice, terminate the permit.

§ 267-5 Failure of permittee to comply.

In the event that the permittee should fail to remove all items placed upon the public sidewalk, upon the expiration of the permit by lapse of time, or for violation of this chapter, the Commissioner may have such items removed, forfeit the deposit for the cost and charge the permittee for any excess cost above the deposit, together with the cost for storage of such items until removed by the permittee from storage. In the event that the permittee should fail to pay the cost of storage and any excess cost of removal within 90 days after storage, the Commissioner may sell the items at public auction, reimburse the City for all costs and if any surplus moneys remain, pay them over to the permittee.

§ 267-6 Additional contents of permit.

The application provided in § 267-2 above shall contain the provisions of §§ 267-4 and 267-5 and shall require the consent of the permittee to its provisions.

§ 267-7 Penalties for offenses. [1]

An offense against the provisions of this chapter shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.
[1]
Editor's Note: Added during codification.