[HISTORY: Adopted by the Board of Trustees of the Village of Westhampton Beach 9-3-2015 by L.L. No. 5-2015. Amendments noted where applicable.]
Peddling and soliciting — See Ch. 128.
Streets and sidewalks — See Ch. 146.
Zoning — See Ch. 197.
Editor's Note: This local law also repealed former Ch. 140, Sales, Outdoor, adopted 1-11-1980 by L.L. No. 3-1980, as amended.
With the exception of displays of merchandise permitted pursuant to other provisions of the Code, outdoor sales and displays of retail merchandise shall be prohibited unless there is a valid permit in effect issued pursuant to the provisions of this chapter.
Conditions. Applicants may apply for a retail outdoor sales permit to allow the display of merchandise provided they can meet the following conditions:
The permitted activity shall be conducted only by businesses having a certificate of occupancy for retail sales, or businesses with a certificate of occupancy for accessory retail sales, which is lawfully operating on the first floor of premises in the B-1, B-2, B-3 and HC Zoning Districts, directly in front of such business establishment, and by the entity which operates such establishment.
All sales shall be conducted inside the business establishment. No cash register or other facility for the exchange of currency or otherwise receiving payment for goods or services shall be permitted outdoors.
The outdoor display area must be shown on a plan that is submitted with the application.
Outdoor displays must be located 30 inches or more from the public right-of-way line. In no event shall merchandise be displayed in the required sidewalk area, in the space between the required sidewalk area and the curb, in the area of the street used for parking or vehicular traffic, in front of the entrance or exit of any building, or within 30 inches of any alley, walkway, or other pathway.
Only nonpermanent movable racks and shelves may be permitted in the outdoor display area.
The permit holder shall be responsible for any damage caused by the display to any sidewalk or public property.
Only items actually sold in the abutting business may be displayed.
No signs or advertisements are permitted in outdoor display areas.
Outdoor displays will not interfere with or prevent the orderly and reasonable use of adjacent properties.
Outdoor displays will not impair the peace and comfort of adjacent properties.
Outdoor displays shall be permitted during the period of April 15 to November 15 of each year.
The holder of the outdoor display permit shall ensure that the display area is supervised to ensure compliance with all conditions.
Outdoor displays of merchandise must be neat and orderly and must be arranged to ensure adequate space between any racks or shelves, no less than three feet in width.
No outdoor lighting or live or mechanical music shall be permitted in connection with the outdoor display.
Outdoor displays are only permitted between the daylight business hours of 9:00 a.m. and 8:00 p.m., and only during the times when the business with which they are associated is open to the public.
Within the B1 district outdoor sales and displays are presumptively incompatible. Any applicant within the B1 district will be required to overcome the presumption by demonstrating, in addition to the foregoing conditions, that there is a minimum of five feet of space between the front of the retail building and the public right-of-way and there is no reasonable possibility of interference with the public's right of passage due to the outdoor display.
Procedures for issuance of permit. The Board of Trustees may issue a retail outdoor sales permit subject to the following procedures:
An application for a permit shall be filed yearly with the Board of Trustees. The deadline for application is February 1. Application submission after this date cannot guarantee permit issuance by start of the season.
A permit shall only be issued to the landlord or tenant of the property.
A permit for an outdoor display shall be effective for the period of April 15 to November 15 of each year.
A public hearing on the initial (special exception) permit application shall be held by the Board of Trustees.
The Board of Trustees may waive the requirement for a public hearing on the renewal of the permit provided that the renewal application is the same as the original application. If the renewal application contains only minor changes, the Board of Trustees may waive the requirement for a public hearing.
Before acting on any application, including any renewal, the Board of Trustees shall receive and review a report and recommendation submitted by the Planning Board, Police Department and Department of Public Works. The Board of Trustees may also request additional information from the Village Engineer or any other consultant or professional, and if the Board of Trustees requests such additional information, the cost thereof shall be paid by the applicant prior to any determination by the Board of Trustees.
It shall be the obligation of the holder of the permit to insure that the conditions set forth in § 140-2A are complied with.
The Board of Trustees may, in its sole discretion, deny the renewal of any permit based upon a violation or violations of the permit conditions occurring in the prior year or if the Board of Trustees determines that the permit is in conflict with another permit or permits issued.
The filing fee for the permit shall be determined from time to time by resolution of the Board of Trustees.
Nothing herein shall prohibit the Board of Trustees from issuing special permits that include outdoor displays to organizations sponsoring short-term or special events, provided that the display/event meets the following criteria:
The outdoor display and/or sale shall be part of a program sponsored by a bona fide not-for-profit commercial or mercantile organization, herein referred to as the "sponsoring organization," which has been actively in existence for at least one continuous year prior to an application hereunder.
Any special permit shall be for no greater period of time than two consecutive days, with appropriate provisions for alternate days because of inclement weather, with hours of display and/or sale subject to the approval of the Board of Trustees.
No such permit shall be issued to any sponsoring organization more than twice per calendar year.
The sponsoring organization shall pay a fee fixed and established from time to time by resolution of the Board of Trustees for each permit issued.
The sponsoring organization shall include, with its application, the following information:
Revocation. If a violation of this chapter or any conditions hereof, including any special conditions of a permit issued hereunder, is noted by the Code Enforcement Officer, Police Department or Highway Department, they shall send a report to the Village Clerk indicating the date, time and location of said violation. The Village Clerk shall send notice to the property owner and tenant (if any) informing them of the alleged violation. Notice of a second violation to the property owner and tenant will cause the property owner and/or tenant to be directed to appear before the Board of Trustees and may result in revocation of the outdoor display permit. The property owner and/or tenant may provide testimony as to why a permit shall not be revoked. The permit shall be revoked unless the Board of Trustees finds, in its sole discretion that adequate measures have been taken and will be taken to ensure that there is no reasonable possibility of further violations. A permit holder's failure to appear before the Board of Trustees shall automatically result in permit revocation.
In addition to the foregoing remedy of revocation, each violation of the provisions of this chapter, including the violation of any conditions in § 140-2A or any special conditions of a permit issued hereunder, shall constitute a separate offense punishable by a minimum fine of at least $250 and not to exceed $500 for the first offense and $1,000 for each subsequent offense. Each day the violation continues shall constitute a separate offense.