[HISTORY: Adopted by the Village Board of
the Village of Port Chester 5-12-1997 by L.L. No. 6-1997; amended in its entirety 6-7-2010 by L.L. No.
6-2010. Subsequent amendments noted where applicable.]
[Amended 5-18-2015 by L.L. No. 3-2015]
The sidewalk cafe regulations as established in this chapter
are intended to allow sidewalk cafes on public property accessory
to a food service establishment where they are determined to be appropriate
and to protect the public health, safety and general welfare. These
general goals include, among others, the following specific purposes:
A.
To provide adequate space for pedestrians on the sidewalk adjacent
to sidewalk cafes to ensure access to adjacent commercial and retail
uses.
B.
To promote sidewalk cafes as a useful and properly planned amenity
that will attract business to the Village.
C.
To encourage the most desirable use of land and buildings, particularly
in the retail shopping districts and thereby increase the Village's
tax base.
As used in this chapter, the following terms shall have the
meanings indicated:
A location where food is prepared and intended for individual
portion service and that either the Westchester County Department
of Health or New York Department of Agriculture and Markets regulates.
[Added 5-18-2015 by L.L.
No. 3-2015]
An outdoor, open-air dining and drinking area located on
the public sidewalk, which is public through dedication, easement
or public right-of-way.
[Amended 5-18-2015 by L.L. No. 3-2015]
A permit is required to operate a sidewalk cafe. The Office
of the Village Clerk is authorized to issue an annual permit for the
seasonal operation of a sidewalk cafe, provided that the application
is complete and has been reviewed and approved by the Building Department
as meeting all of the requirements of this chapter. A permit to operate
a sidewalk cafe shall be valid from April 1 up to and including December
1 of any calendar year. Permits shall be prominently displayed and
posted in the inside of the front window of the food service establishment
, or otherwise prominently displayed in the entry of the premises,
for which a permit is issued. The Police Department shall be provided
a current listing of all licensees.
[Amended 5-18-2015 by L.L. No. 3-2015]
A permit may only be issued upon the application of the owner,
or tenant with the owner's consent, of a food service establishment
which is located directly in front of the proposed sidewalk cafe and
along the abutting facades on either side with the consent of the
property owner and tenant of same, provided that the applicant complies
with each of the following general standards:
A.
There shall be a minimum clear distance of five feet, exclusive of
the area occupied by the sidewalk cafe, free of all obstructions,
such as trees, parking meters, utility poles, streetlights and Village
benches or planters, in order to allow for adequate and safe pedestrian
movement. This distance may be reduced to three feet in width for
a distance not to exceed 25 feet in length.
B.
No permanent or temporary structures may be affixed to the sidewalk
area occupied by the sidewalk cafe, and the area may only be occupied
by planters, benches or tables of suitable dimension with chairs for
the convenience of the patrons of the cafe. The cafe shall be open
except that it may be covered with a canvas cover or structural canopy
of the food service establishment's façade. Umbrellas are permitted,
provided that they are retractable, secured and do not obstruct pedestrians.
Such benches, tables and chairs, and umbrellas must be removed and/or
brought inside when the cafe is not in operation. No other appurtenances
are permitted.
C.
The applicant must provide for a suitable temporary, removable barrier,
such as bollards with connecting rope or chair or railing, to physically
separate patrons from pedestrian traffic, that must be brought inside
when the cafe is not in operation, unless waived in the discretion
of the Village Manager or his/her designee. The sidewalk cafe shall
be otherwise unenclosed.
D.
A clear and unobstructed means of egress must be provided and maintained
from the food service establishment.
E.
A plan with measurements, showing the location of proposed planters,
benches, tables and chairs on the sidewalk, together with a photograph
of the area to be occupied by the sidewalk cafe and frontage of the
food service establishment and along the abutting façade, if
applicable, shall be submitted with the application.
F.
Prior to the issuance of the permit, there shall be an agreement
executed by the owner and tenant to defend and save harmless the Village,
its officers and employees against any loss, liability or liability
or damages sustained by any person or to any property arising out
of the operation of the cafe, together with a certificate of insurance
issued to both the owner and tenant as insured and naming the Village,
its officers and employees as an additional insured, in the minimum
amount of $1,000,000 each occurrence and $2,000,000 aggregate general
liability insurance coverage as approved by the Village Attorney.
A.
All sidewalk cafes shall commence operations no earlier than 8:00
a.m. and cease operations with tables cleared no later than 10:00
p.m. Sunday through Thursday and 11:00 p.m. Friday and Saturday.
B.
All food and beverages to be served or consumed at sidewalk cafes
shall be prepared within the restaurant. The drinking of alcoholic
beverages by a member of the public while a patron of the sidewalk
cafe within the confines of the sidewalk cafe area shall not be construed
as a violation of any local law prohibiting the consumption of alcoholic
beverages in a public place or area. The operator of a sidewalk cafe
shall be in full compliance with the licensing requirements of the
State of New York covering the sale of alcoholic beverages.
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.
Neither outdoor lighting nor live or electronically reproduced music
or entertainment may be used on or for the sidewalk cafe.
E.
Sidewalk cafes and the sidewalk area on which they are located shall
be kept neat and clean at all times and free from any substance which
might damage the sidewalk or cause injury to pedestrians.
F.
No signs or advertising of any kind are permitted at or about the
sidewalk cafe, except for a single sign, such as a menu board, sandwich
sign or similar display in size and location approved by the Building
Inspector. No additional Village permit is required.
[Amended 5-18-2015 by L.L. No. 3-2015]
A fee as set out in Chapter 175, Fees, shall be required upon issuance or annual renewal of the permit. Such fee may be adjusted by resolution of the Board of Trustees.
A permit issued under this chapter may be suspended or revoked
in the event of public necessity. Failure to comply with the provisions
of this chapter shall also be grounds for the nonrenewal of a permit.
Persons found guilty of a violation of this chapter shall be
subject to a fine not exceeding $500. Each day's violation shall
constitute a separate and distinct offense. A civil action may also
be brought in the name of the Village by the Village Attorney for
enforcement of this chapter.
