[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.
[Amended 4-17-2018 by Ord. No. 2018-70]
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 Development.
[Amended 4-17-2018 by Ord. No. 2018-70]
Any person, firm or corporation desiring a permit to place a
sidewalk cafe upon a public sidewalk shall submit an application to
the Department of Development containing the information requested
thereon. Proposed sidewalk cafes located within the Downtown Overlay
Zone (DOZ) shall comply with all DOZ regulations. Proposed sidewalk
cafes located outside of the DOZ shall comply with the sections of
this code. All submissions shall also be reviewed by the Department
of Public Works and may also be required to be reviewed by the Municipal
Arts Commission (MAC) prior to issuance of the permit. Permits are
issued on an annual basis and are valid from the date of issuance
through December 31 of that year.
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]
[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]
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 Development 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.
[Amended 4-17-2018 by Ord. No. 2018-70]
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.
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.
