[HISTORY: Adopted by the Board of Trustees
of the Village of Cazenovia 4-3-2000 by L.L. No. 1-2000. Amendments noted where
applicable.]
It is hereby declared to be the policy of the
Village of Cazenovia in providing for the protection of its property,
the safety, health, comfort and general welfare of its inhabitants,
the protection of their property and the preservation of peace and
good order to allow any person, firm or corporation to operate a sidewalk
cafe (hereinafter called "cafe") within the Village of Cazenovia on
any sidewalk adjacent to his place of business upon obtaining a permit
from the Village Clerk.
Unless otherwise indicated by context, the following
terms and phrases shall have the following meanings:
Facility for the sale of food or beverage but not any other
kind or type of goods, wares, merchandise or service.
Form used for application and renewal of cafe permit.
Each applicant for a permit or a renewal of
a permit shall submit three copies of his plans for the cafe to the
Village Clerk together with a nonrefundable fee as set from time to
time by resolution of the Village Board of Trustees. Such application
and plans shall contain:
A.
A dimensioned drawing showing the size and location
of the cafe and the measurements of the unobstructed public right-of-way.
B.
Any railing, flooring or other support or enclosure
used in the assembly, operation or enclosure of the cafe.
(1)
No such railing, flooring or other support or enclosure
shall be considered an erection of, an addition to or a structural
alteration of a building or structure unless such railing, flooring
or other support or enclosure is permanently attached to such building
or structure.
C.
A state liquor license, if applicable, that will allow
or can be amended to allow the sale of alcoholic beverages in the
cafe.
D.
Any request for exceptions to the sidewalk cafe regulations.
[1]
Editor's Note: The sidewalk cafe permit application
form is on file on the Village offices.
A.
Before any permit is issued, the plans submitted to
the Village Clerk shall be referred to the Zoning Enforcement Officer
who shall recommend approval, disapproval or modification of said
plans within one week of the submission of the plans.
(1)
A cafe in the public right-of-way shall be located
in such a position that will allow the maintenance of at least eight
feet of unobstructed (for height of seven feet) hard-surfaced sidewalk
between the cafe and any tree, bench, pole, post sign, flower bed
or other obstacle in the public right-of-way.
(2)
The cafe shall be located only in front of the establishment
that is owned or leased by the applicant.
(3)
The cafe shall not extend more than 10 feet from the
facade of the building and, in any case, shall not extend on the south
side of Albany Street or the west or east side of Lincklaen Street
more than 35% and on the north side of Albany Street not more than
55% of the total width of the sidewalk measured from the property
line to the edge of the street pavement.
(4)
Except for properties fronting Albany Street, the
Zoning Enforcement Officer, with the concurrence of the Public Works
Administrator, may reduce the required eight feet of unobstructed
sidewalk to five feet, provided that the cafe does not extend more
than 60% of the total width of the sidewalk measured from the property
line to the edge of the street pavement.
(5)
No cafe shall be located within 20 feet of another
cafe.
(6)
No signs shall be hung or attached to any portion
of the cafe, except those signs on an awning that are in compliance
with the law.
(7)
No additional lighting shall be affixed to the cafe
structure.
(8)
The Zoning Enforcement Officer, with the concurrence
of the Public Works Administrator, may impose any other restriction
on the location, size or design of the cafe that, in their judgment,
protects the health, safety and welfare of the public.
B.
The Zoning Enforcement Officer shall sign the cafe
application plans as approved, disapproved or modification required.
Upon approval by the Zoning Enforcement Officer
of the plans submitted by the applicant, the Village Clerk shall issue
a permit, valid for a period between April 1 and October 31 of a calendar
year, to the applicant upon the payment to the Clerk by the applicant
of an annual fee as set from time to time by resolution of the Village
Board of Trustees, and upon the applicant furnishing to the Village
of Cazenovia the following:
A.
An agreement by the applicant to repair, at the expense
of the applicant, any damage to the sidewalk in the operation of the
cafe. The Village Clerk may require a bond, in an amount to be fixed
by the Village Clerk, to be filed by the applicant.
B.
A hold-harmless agreement executed by the applicant
and indemnifying the Village against loss, including costs and expenses,
resulting from injury to a person or property as a direct or indirect
result of the operation of the cafe or for the injury to person or
property occurring on the premises occupied by the cafe. The applicant
shall be required to obtain a protective policy of insurance in the
amount of $500,000 covering said hold-harmless agreement with the
Village of Cazenovia as an additional named insured. The policy and
the hold-harmless shall be subject to approval of the Counsel for
the Village.
C.
Proof of liability insurance in the amount of $500,000
per individual and $500,000 per occurrence.
D.
If applicable, proof that the applicant has a state
liquor license authorizing him to serve alcoholic beverages in his
cafe and has liquor legal liability insurance in the amount of $100,000
bodily injury per each occurrence and $100,000 aggregate. Such insurance
must comply with Subsection A(2) above and the policy must contain
a provision that requires the Village Clerk to be notified if the
policy is canceled.
A.
A cafe not authorized for the sale of alcoholic beverages
shall comply with the following:
(1)
No alcoholic beverages shall be served or consumed
in the cafe.
(2)
Comply with all plans submitted to and approved by
the Zoning Enforcement Officer.
(3)
Cafe can only operate between April 1 and October
30. Applicants must renew their permit each year between January 1
and February 1.
(4)
All service shall cease at 10:00 p.m. and not begin
until 8:00 a.m.
(5)
All patrons must be vacated from the cafe by 10:00
p.m.
(6)
All furniture, utensils, containers or any other materials
used in the operation of the cafe must be removed no later than the
closing of the establishment. Railings, flooring or other support
or enclosure used in the assembly, operation or enclosure of the cafe
may be allowed to remain on the sidewalk areas if specifically permitted
in the Zoning Enforcement Officer's approval of the cafe plans. Approval
may also include furniture inside railing structures which do not
pose a threat to the general public.
(7)
No cafe shall remain open after 10:00 p.m.
(8)
Remove all cafe structures by October 30 and not install
prior to April 1 in any year for which a permit is granted. Railings,
flooring or other support or enclosure used in the assembly or the
enclosure may be allowed to remain in place after October 30 if specifically
permitted by the Zoning Enforcement Officer, with the concurrence
of the Public Works Administrator, in the approved cafe application
plans.
(9)
No music, from whatever source (acoustical, electric
or other), may be played on the cafe between the hours of 10:00 p.m.
and 8:00 a.m.
(10)
Comply with all other provisions of the Code
of the Village of Cazenovia, New York.
(11)
The operator of the cafe must own or lease the
food and beverage establishment and it must be in front of said business.
B.
A cafe authorized to sell alcoholic beverages shall comply with all the items specified in Subsection A above except subsection A(1), and the following:
(1)
No alcoholic beverages shall be served or consumed
on or at any sidewalk cafe after 10:00 p.m.
(2)
Owner/manager must police the cafe, e.g., no alcohol
outside of area. If not properly policed, the permit will be revoked.
(3)
The area encompassed within the cafe licensed by the
State of New York and authorized pursuant to this chapter shall be
considered duly licensed for sale and consumption of alcoholic beverages
and shall not be subject to the Code of the Village of Cazenovia.
A.
The Zoning Enforcement Officer is hereby authorized
to regulate the operation of cafes through the promulgation of appropriate
rules, regulations and specifications.
B.
Upon a finding of the Zoning Enforcement Officer that
an applicant has violated any provisions of this chapter, the Zoning
Enforcement Officer shall give notice to the applicant to correct
said operational violation within 24 hours of receipt of the notice
by the applicant. Upon failure to correct said operational violation
within 24 hours, the Zoning Enforcement Officer may revoke the applicant's
permit issued pursuant to this chapter. The Zoning Enforcement Officer
shall, in his sole judgment, give violators reasonable time to repair
any structural damage or physical violation of any provision of this
chapter.
A.
Any person who violates the provisions of this chapter
shall, upon conviction thereof, be subject to fine not exceeding $250.
Each day that such violation continues shall constitute a separate
violation. In addition, the Zoning Enforcement Officer, through the
Public Works Administrator, may cause any sidewalk cafe existing in
violation of this chapter to be removed without notice. A fee as set
from time to time by resolution of the Village Board of Trustees shall
be charged to the licensee for the cost of such removal. The Department
of Public Works may store the removed cafe structure for 30 days and
then, if unclaimed, may destroy or discard the cafe structure.
B.
Any person who violates any of the provisions of this chapter or at whose premises a violation of Chapter 115, Noise, occurs two times in one year shall have his permit revoked for one full year and shall not be eligible for another permit until the expiration of one full year.
C.
Any person who fails to remove a sidewalk structure
by October 30, unless specifically allowed in the application permit
approved by the Zoning Enforcement Officer, shall not be eligible
for a permit in any following year.
In the event of a dispute regarding the enforcement
of this chapter, the applicant may file an appeal with the Zoning
Board of Appeals within 30 days of the date the dispute arises.
[Added 3-4-2013 by L.L. No. 2-2013[1]]
[Amended 10-3-2016 by L.L. No. 7-2016]
In order to provide an inviting downtown environment for residents
and visitors, the Village permits the placement of certain privately
owned personal property on Village sidewalks in accordance with the
provisions of this article. From May 1 to November 1, business owners/operators
may place small tables and chairs, proportionately sized merchandise
for sale, and other appropriate items directly in front of the front
of the building owned or leased by them, designed to enhance the visual
appeal of the establishment, provided the placement of such items
shall not obstruct pedestrian flow or otherwise create a safety hazard
as determined by the Village Zoning Enforcement Officer. All placements
and displays of such items must be tasteful and in keeping with the
streetscape of a nineteenth-century village. Permanently attached
window boxes filled by the Garden Club may stay on the sidewalk all
year. Movable tubs may be on the sidewalk from May 1 to November 1.
[Amended 10-3-2016 by L.L. No. 7-2016]
The following items and / or activities are prohibited on Village
sidewalks:
A.
All privately owned items from November 1 to May 1.
B.
Unsafe items that pose a risk to individuals or the public in general.
C.
Lightweight items which might blow over or away.
D.
Items placed on, around or attached to Village benches, lampposts,
hydrants or other public structures.
E.
Any permanent structures.
F.
Any items not brought in at night.
G.
Played or piped music.
H.
Additional lighting.
Prior to placing any items on any Village sidewalk, the business
owner/operator must file with the Village Clerk a certificate of insurance
showing proof of the business owner/operator's general liability
insurance policy with policy limits in an amount of not less than
$500,000 per occurrence, naming the Village as an additional insured.
The regulations set forth in this chapter shall be enforced
by the Village Zoning Enforcement Officer. All appeals/disputes involving
the application of these regulations shall be heard by the Village
Board of Trustees.
