[HISTORY: Adopted by the Board of Trustees of the Village of Southampton 6-21-2005. Amendments noted where applicable.]
Upon obtaining a license to do so from the Village Clerk, a business may use the Village sidewalk to provide outdoor sidewalk dining in accordance with the following rules and regulations.
In order to be eligible for a license, a business must meet the following requirements:
The business must be a business which lawfully serves food for consumption on the business premises at indoor dining seats. Such a business includes a restaurant. Such a business may include a retail store or shop whose primary business activity consists of retail sale of food to the public for consumption off the business premises, provided that such retail store or shop lawfully serves food for consumption on the business premises at indoor dining seats as an accessory use.
The business must be located in a building which is adjacent to or in close proximity to a Village sidewalk.
An applicant for a license shall submit the following information:
A plan showing the proposed design and layout of the sidewalk dining area (including the number and location of tables and chairs) with data and dimensions sufficient to show compliance with these rules and regulations. No alterations or modifications shall be made with respect to an approved plan (the plan approved upon issuance of a license) unless and until a revised plan showing any proposed alterations or modifications has been submitted to and approved by the Village Clerk.
Information with respect to the business conducted by the applicant sufficient to show that the applicant is eligible for a license.
Such other information (including the number of indoor dining seats provided by the applicant on the business premises) as may be reasonably necessary to show compliance with these rules and regulations.
The application fee, the certificate of insurance and the signed and acknowledged indemnification.
The sidewalk dining area shall be located in front of the building occupied by the licensed business, shall not be located more than six feet from the front of the building unless approved by the Village Building Inspector, and shall stay within the width of (shall not extend beyond the width of) the building.
The sidewalk dining area shall be located so as to assure adequate space on the Village sidewalk for pedestrians utilizing the Village sidewalk. An unobstructed sidewalk width of at least six feet shall be maintained for pedestrian use of the Village sidewalk.
The sidewalk dining area shall be open to the sky (except that it may be covered with a retractable awning).
The sidewalk dining area shall not be enclosed. No fencing, railing or similar barriers shall be utilized to delineate the sidewalk dining area. The sidewalk dining area may be delineated by utilizing velvet ropes. No objects shall be placed on the sidewalk dining area other than movable tables and chairs.
The sidewalk dining area may contain movable tables and chairs for outdoor dining. The number of outdoor dining seats within the sidewalk dining area shall not exceed 20% of the number of indoor dining seats lawfully provided by the licensed business on the business premises. During the period when outdoor dining seats are provided on the sidewalk dining area, the number of indoor dining seats utilized by the licensed business shall be correspondingly reduced.
The permitted hours of operation of a sidewalk dining area shall be from 7:00 a.m. to 12:00 midnight. Tables and chairs must be removed from the sidewalk by 12:00 midnight and may not be placed on the sidewalk prior to 7:00 a.m. Tables and chairs must be removed from the sidewalk during inclement weather.
The sidewalk dining area shall not be used for any purpose other than service of food and beverages (including alcoholic beverages) for consumption on the Village sidewalk at tables and chairs within the sidewalk dining area.
The licensed business operating the sidewalk dining area shall be responsible for trash removal and shall maintain the sidewalk dining area and surrounding five feet in a clean litter-free manner during the hours of operation. Tables and chairs shall be maintained in good condition.
A sidewalk dining area shall not use any public amenities, such as benches, seats or trash receptacles provided for public use of the sidewalk.
All exits and means of egress from the business premises occupied by the licensed business shall be maintained and shall not be obstructed in any manner.
The licensed business shall indemnify the Village and hold the Village harmless from and against any and all claims, causes of action, liability, damage, loss, cost or expense (including reasonable attorneys' fees) arising out of or related to the use, maintenance or operation of the sidewalk dining area or arising out of or related to the license.
The licensed business shall obtain and maintain in force and effect during the term of the license a comprehensive public liability insurance policy with a limit of at least $1,000,000 covering the license and the use, maintenance and operation of the sidewalk dining area, and the Village shall be named as an additional insured in said policy. Said policy shall be in form and substance satisfactory to the Village.
The application fee for a license shall be $200.
The term of a license shall be for a period commencing on April 1 (or on its date of issuance if issued after such date) and ending on November 1.
A license shall be personal to the licensed business and shall not be transferred or assigned by the licensed business.
Use and operation of the sidewalk dining area shall be conducted in compliance with these rules and regulations (including any amendments thereto). Use and operation of the sidewalk dining area shall be conducted in compliance with all other applicable governmental laws and regulations (including but not limited to the Code of the Village of Southampton, requirements of the Suffolk County Department of Health Services and requirements of the State Liquor Authority).
A license may be suspended by the Village Building Inspector for violation of these rules and regulations. If the license of a licensed business is suspended by the Village Building Inspector, such suspension shall take effect immediately and shall remain in effect unless and until such suspension is terminated by the Village Board of Trustees. If the license of a licensed business is suspended, such business shall not provide outdoor sidewalk dining during the period such suspension remains in effect. If the license of a licensed business is suspended, such business may appeal to the Village Board of Trustees from the determination of the Village Building Inspector suspending such license. Upon such appeal, the Village Board of Trustees may terminate the suspension immediately, may terminate the suspension as of a specified date (in which event the suspension shall remain in effect until such date specified by the Village Board of Trustees) or may revoke the license.
A license may be revoked at any time and for any reason (with or without cause) by resolution of the Village Board of Trustees.
These rules and regulations may be amended at any time by resolution of the Village Board of Trustees.