[Adopted 5-2-1988 by L.L. No. 3-1988 as
Ord. 7.29 of the 1959 Unified Code of Ordinances]
The sidewalk cafe regulations as established
in this article are designed to allow sidewalk cafes on public property
in locations where they are determined to be appropriate by the Village
Administrator and to promote and protect the public health, safety,
general welfare and amenity. The general goals are to:
A.
Provide adequate space for pedestrians on the sidewalk
adjacent to sidewalk cafes and to ensure access to adjacent commercial
and retail uses.
B.
Promote sidewalk cafes as useful and properly planned
visual amenities which better relate to the streetscape.
C.
Promote the most desirable use of land and buildings
in the Village.
As used in this article, the following terms
shall have the meanings indicated:
An outdoor dining area located on a public sidewalk, which
is public through dedication or easement, or a public right-of-way
that provides waiter or waitress service and contains readily removable
tables, chairs and railings and may contain planters. It is otherwise
unenclosed by fixed walls and open to the air, except that it may
have umbrellas.
[Amended 2-17-1998 by L.L. No. 1-1998; 12-3-2012 by L.L. No. 9-2012; 3-7-2022 by L.L. No. 3-2022]
The Village Administrator is authorized to issue a permit for the seasonal operation of a sidewalk cafe, provided that all of the requirements of § 247-4, Conditions for issuance of permit, and § 247-5, Fees and deposits; failure to comply, have been complied with by the applicant. The permit shall be valid from April 1 up to and including March 31 of any calendar year. This permit may be renewed annually, subject to the conditions of §§ 247-4 and 247-5.
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 the property
line to the curbline, must not be less than 10 feet.
B.
There shall be a minimum clear distance, exclusive
of the area occupied by the sidewalk cafe, free of all obstructions
(such as trees, parking meters, utility poles, streetlights, etc.)
in order to allow adequate pedestrian movement. The minimum amount
of clear distance is noted below:
[Amended 3-4-2019 by L.L.
No. 2-2019]
|
Width of Sidewalk
|
Minimum Clear Distance
(in feet)
| |
|---|---|---|
|
10 feet to 14 feet 11 inches
|
4
| |
|
15 feet to 19 feet 11 inches
|
5
| |
|
20 feet and above
|
10
|
C.
Sidewalk cafes may only be located directly in front
of the restaurant with which they are associated. These requirements
may, however, be waived by written permission from the owner and the
tenant of the affected adjacent building and store.
D.
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 and planters for the convenience of the
patrons to be served in such area.
E.
The applicant shall be responsible for delineating
the cafe area by setting up a barrier such as planters or a railing
to physically separate patrons from pedestrian traffic.
F.
A clear, unoccupied space must be provided, not less
than four feet in width, from all entrances of the building abutting
the sidewalk to the unoccupied portion of the public sidewalk.
[Amended 3-4-2019 by L.L.
No. 2-2019]
G.
Neither outdoor lighting nor live or mechanical music
may be used on or for the cafe area except in such cases where streetlighting
is insufficient to so illuminate the dining area or to prevent a hazard
to those traveling the sidewalk.
H.
A sandwich
board sign may be permitted, associated with the operation of the
sidewalk café, provided that the sandwich board sign is not
placed in the required minimum clear distances included in this section.
A separate permit shall be issued for the sandwich board sign, and
a fee for this permit shall be established by the Board of Trustees
from time to time. The permit shall be valid on a calendar-year basis.
Should a sandwich board sign be placed in the required minimum clear
distance, the permit for the sandwich board sign shall be automatically
revoked and the fee associated therewith shall be retained by the
Village. There shall be no appeal of this revocation, and the applicant
shall not be entitled to apply for another sandwich board sign until
the following calendar year. The sandwich board sign may not be larger
than 36 inches in height and 24 inches in width and may only include
on the sign advertising relating to the sidewalk café to which
the sign permit is issued. The sandwich board shall not be placed
on the sidewalk prior to 9:00 a.m. and shall be removed from the sidewalks
at the close of business for the sidewalk café or 10:00 p.m.,
whichever is earlier. A sandwich board shall not remain on the sidewalk
overnight. Sandwich board signs are not allowed at times when they
may cause a hazard to pedestrians, such as during snow storms, when
snow piles remain on the sidewalk, during times of high winds over
25 miles per hour, or at other times when hazardous conditions exist.
I.
Prior to the issuance of the permit, the applicant
shall file with the Village Administrator, on a form to be provided
by the Village Administrator, an agreement to indemnify and save harmless
the Village, its officers and employees against any loss or liability
or damage, including expenses and costs for bodily injury and for
property damage sustained by any person as a result of the applicant's
operation of a sidewalk cafe on public property.
J.
Prior to the issuance of the permit, the applicant
shall also file a certificate of general liability insurance naming
the applicant and the Village of Tarrytown, its officers, agents and
employees as named insureds, with the following limits: for personal
injury, $1,000,000 per individual and $1,000,000 per occurrence; and
for property damage, $1,000,000 per individual and $1,000,000 per
occurrence, effective for the duration of the permit.
[Amended 5-6-1991 by L.L. No. 5-1991]
K.
A site development plan shall be prepared, in scale,
by the applicant, demonstrating compliance with the conditions noted
hereinabove.
[Amended 5-21-1990 by L.L. No. 11-1990; 5-6-1991 by L.L. No. 5-1991; 5-6-2013 by L.L. No.
4-2013]
B.
Upon the
failure or default by the permittee of any of the terms, agreements
and conditions of the permit on its part to be done or performed,
the Village shall provide seven days' notice to the permittee of the
failure or default. The permittee shall correct the failure or default
and should the permittee fail to correct the failure or default within
the seven days, the Village Administrator shall suspend the permit
until the failure or default is corrected. Should the permittee receive
notice of a failure or default a second time during a sidewalk cafe
season, the permit shall be revoked for the remainder of the season.
Said permittee shall have no claim against the Village for loss of
anticipated profits or for any losses by reason thereof.
C.
Should
any Village property be damaged due to the operation of a sidewalk
cafe, the Village shall conduct the necessary repairs to the Village
property and shall bill the permittee for the costs associated therewith,
including but not limited to staff time, materials and supplies. An
invoice for the repair work shall be sent to the permittee. Should
the permittee fail to pay the Village for the repair work, the Village
Administrator shall not issue a new sidewalk cafe permit.
A.
All sidewalk cafes shall close operations by 12:00
midnight each night.
B.
All alcoholic beverages to be served at sidewalk cafes
shall be prepared within the existing restaurant, and alcoholic drinks
shall only be served to patrons seated at tables. The drinking of
alcoholic beverages by a member of the public while a patron at a
sidewalk cafe, within the confines of the sidewalk cafe area, shall
not be construed as a violation of any local law controlling consumption
of alcoholic beverages in a public area. The operator of a sidewalk
cafe shall be in full compliance with the licensing requirements of
the State Liquor Authority, as may exist, and shall comply with all
other laws 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's laws, rules and regulations,
then the serving and consumption of alcoholic beverages in the sidewalk
cafe shall be prohibited.
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 that may damage the sidewalk or cause pedestrian injury.
