[HISTORY: Adopted by the Common Council of
the City of Oneonta 5-1-2007 by Ord. No. 1-2007.
Amendments noted where applicable.]
The sidewalk cafe regulations as set forth in
this chapter are designed to permit those cafes in areas where they
are appropriate to enhance the downtown Oneonta experience and to
promote and protect the public health, safety and general welfare.
Specific purposes of this chapter are:
A.
To ensure adequate space for pedestrians on the sidewalk
adjacent to the sidewalk cafes.
B.
To preserve and enhance the character of neighborhoods
throughout the City and to protect the adjacent residential areas.
C.
To simplify administrative and strengthen enforcement
procedures for sidewalk cafes that are effective, efficient and enforceable.
D.
To promote the most desirable use of land and to provide
compensation to the City for use of City-owned land for sidewalk cafe
purposes.
For the purposes of this chapter, the following
terms shall include each of the meanings set forth:
B.
Sidewalk cafe: Those exterior facilities adjacent
to and a part of establishments selling food and drink that require
the use of some City-owned property for operation, are temporary in
nature and open to the elements except for optional awnings and/or
temporary low walls or fences. This definition shall include only
those facilities which, if they hold New York State liquor licenses
also operate as a "restaurant" within the meaning and definition of
the State Liquor Authority.
C.
Regular café permit: Written authorization
issued by the City Clerk, in consultation with the Code Enforcement
Officer, pursuant to this chapter, permitting the operation of a sidewalk
café.
[Amended 3-20-2012 by Ord. No. 1-2012]
D.
Low impact
café permit: Written authorization issued by the City Clerk,
pursuant to this chapter, permitting the operation of a sidewalk café
having no more than one table and two chairs, per 12 linear feet of
building frontage, excluding doorways and entrances, none of which
extending more than five feet from its exterior wall which abuts the
sidewalk.
[Added 3-20-2012 by Ord. No. 1-2012]
[Amended 3-20-2012 by Ord. No. 1-2012]
A.
No sidewalk café shall be allowed to operate in any outdoor
area unless a permit has been obtained from the City Clerk.
B.
A request for a regular café permit shall be made, in writing,
to the City Clerk upon a blank form prepared and furnished by the
City and shall include:
(1)
The name, address and telephone number of the applicant.
(2)
The name, address and telephone number of the restaurant to be the
subject of the application.
(3)
The dates, days and hours of operation of the proposed cafe.
(4)
Whether alcoholic beverages are to be served. If alcoholic beverages
are to be served, a certification from the New York State Liquor Authority
shall be submitted with the application authorizing the use of an
outdoor area for the consumption of alcoholic beverages. Only beer
and wine may be served in these areas, unless the establishment is
designated as a "restaurant," as such is defined by the State Liquor
Authority.
(5)
The number of tables and chairs desired for this area and a rendering
of the portions of tables relative to entrances, exits and the sidewalk.
(6)
A description of the facilities and equipment to be used, including
whether live or mechanically produced music is to be played and the
other devices needed for amplification of sound, when applicable.
(7)
A site plan, drawn to scale, showing proper clearance around ingress
and egress to building and to fire safeguards; also proper amount
of clearance on the sidewalk for pedestrian traffic.
(8)
Proof of insurance, in amounts required by the City Attorney.
(9)
An indication of all fixtures such as fencing, decking or planters
to be used and an indication of whether or not they will be removed
when the café is closed.
(10)
A survey map indicating property lines and that property which
is owned by the applicant and that which is City-owned.
(11)
Any other information that the City Clerk and/or Code Enforcement
Officer may find reasonably necessary for the fair determination as
to whether a permit should be issued.
C.
Completed applications shall be circulated by the Clerk's office
to the Engineering Department, Oneonta Fire Department and Oneonta
Police Department for comment.
D.
A request for a low impact café permit shall be made, in writing,
to the City Clerk upon a blank form prepared and furnished by the
City and shall include:
(1)
The name, address and telephone number of the applicant.
(2)
The name, address and telephone number of the restaurant to be the
subject of the application.
(3)
Proof of insurance, in amounts required by the City Attorney.
(4)
Any other information that the City Clerk and/or Code Enforcement
Officer may find reasonably necessary for the fair determination as
to whether a permit should be issued.
A.
The City Clerk and Code Enforcement Officer shall
issue a permit upon a finding that:
(1)
The proposed sidewalk cafe will not unreasonably interfere
with the pedestrian traffic or use of the City-owned portion of property
to be used.
B.
Notwithstanding the foregoing, the City Clerk and
Code Enforcement Officer may deny a permit upon a finding that:
(1)
The establishment or operator of the sidewalk cafe
has, during the preceding 12 months, violated any applicable rule,
regulation, ordinance, local law or statute passed by the City of
Oneonta.
(2)
The proposed sidewalk cafe will have an undue adverse
effect upon nearby property, the character of the neighborhood, traffic
conditions, parking or any other matters affecting the public health,
safety and welfare or convenience.
C.
Notwithstanding the foregoing, the City Clerk and
Code Enforcement Officer may request the applicant and any other interested
parties appear at an administrative hearing before the Board of Public
Safety to assist in making permitting determinations.
Any permit issued for a sidewalk cafe shall
be effective from the first day of April to the 30th day of November
of each year. The applicant must reapply each subsequent year.
Upon the filing of the application for a sidewalk
cafe, the applicant shall also submit the nonrefundable application
fee established by resolution from time to time by the Common Council
of the City of Oneonta.
A.
Posting of permit. The permit holder shall post the
sidewalk cafe permit on the establishment so that it is clearly visible
from the street.
B.
Trash; condition of premises. Property shall be kept
clean and refuse free, and any outside trash containers shall be emptied
at least once per day into operator's regular business receptacle.
At the expiration of the term of the permit, all City-owned property
shall be delivered up to the City in the same condition as prior to
the granting of the permit, damage by natural elements excepted. Public
property shall not be altered in any way during the term of the permit.
Further, the applicant shall sign an agreement to repair, at the expense
of the applicant, any damage caused by non-natural elements to the
sidewalk in the operation of the cafe.
C.
Serving of alcoholic beverages. Alcoholic beverages
will not be served at the sidewalk cafe after 10:30 p.m., and all
tables and chairs will be removed no later than one hour after the
final serving time.
D.
Hours of operation. Sidewalk cafes shall be open for
business not before 7:30 a.m. and shall close by 11:00 p.m.
E.
Music; lighting; outdoor cooking. Sidewalk cafes shall be allowed to provide music, so long as it is not of the type and volume as to violate any applicable and appropriate law or ordinance such as the City's Noise Ordinance (Chapter 178) or create a nuisance to surrounding residents or property owners. Lighting shall be minimal and shielded to prevent spillover to adjacent properties. No outdoor cooking of any type is permitted in sidewalk cafes.
F.
Fixtures; furnishing; signage. All fixtures and furnishings
shall be of a temporary nature, capable of being brought in at closing
time, and must be brought in from public space and stored during nonoperational
hours. No objects, except a retractable awning and lighting fixtures
may be permanently attached to the exterior. All planters, railings
and fences must be temporary and not exceed a height of four feet.
No additional signage shall be permitted to be affixed to a cafe temporary
structures or accessories. Any permanent changes to the property are
subject to site plan review and approval.
G.
Clear paths. Sidewalk cafes shall maintain a minimum
of five feet or 50% of the total sidewalk area for clearance, whichever
is greater, to provide adequate and unobstructed pedestrian movement,
such measurement being made from the outermost point of the cafe to
the unobstructed inner edge of the curb, excluding brick or grass
carpets, United States mailboxes, fire hydrants, bus shelters, street
trees, etc. The actual amount of clearance space needed will be based
upon two factors: the location and the volume of pedestrian traffic.
A larger pedestrian right-of-way may be required based on the proposed
location and the volume of pedestrian traffic experienced there. The
City Clerk and Code Enforcement Officer may, at their discretion,
alter the requirements of this section.
The person or persons to whom a permit is issued
shall be liable and shall indemnify the City for any loss, damage
or injury sustained by any person whatever by reason of the negligence
of the person or persons to whom the permit shall have been issued.
The applicant for a permit shall present to the City Clerk a certificate
of insurance, naming the City of Oneonta as additional insured prior
to the issuance of the permit, in the amounts specified by the City
Attorney.
The City Clerk and Code Enforcement Officer
shall be responsible for monitoring and enforcing compliance with
the terms of this chapter and applicable rules and regulations.
A.
Grounds for revocation. The City Clerk and Code Enforcement
Officer, upon joint consultation and decision, may, at any time, for
just cause or any violation of this chapter, revoke any permit granted
under the provisions of this chapter.
B.
Service of notice. Notice of such revocation and the
reason therefor, in writing, shall be served by the City Clerk upon
the person named in the application by mailing the same to the address
given on the application via certified and regular mail.
C.
Effect of revocation. Whenever any permit shall be
revoked, the applicant shall cease operation of the sidewalk cafe
and no refund or any unearned portion thereof shall be made.
When a permit is denied or revoked the applicant
may request a hearing for such revocation or denial to the Board of
Public Service. Such request shall be in writing and received by the
City Clerk within 20 days from the date of such revocation or denial.
If any section, paragraph, subdivision, clause
or provision of this chapter shall be adjudged invalid, such adjudication
shall apply only to the section, paragraph, subdivision, clause or
provision so adjudged, and the remainder of this chapter shall be
deemed valid and effective.
Any person violating any provision of this chapter may be punished as provided in § 1-18 of this Code.
