Town of Tonawanda, NY
Erie County
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Table of Contents
Table of Contents
[Added 10-20-1997 by L.L. No. 4-1997]

§ 215-163 Purpose.

The purpose of this article is to provide requirements for bars, restaurants, delicatessens, food take-outs and related establishments within the Town of Tonawanda to provide limited, seasonal outdoor dining facilities for their patrons' use in accordance with the guidelines established herein.

§ 215-164 Annual permit required.

A. 
Any person, firm, partnership, corporation or any other entity in the food service or related industry desiring to provide patrons with outdoor facilities for dining or similar activity shall annually make application for an outdoor dining permit to the Code Enforcement Officer on a form prescribed by him. The application shall be signed and verified under oath by the applicant (if an individual or sole proprietorship) or by a duly appointed agent (if a firm or partnership) or by a duly authorized officer of a corporation (if the applicant is a corporation).
[Amended 3-26-2007 by L.L. No. 2-2007]
B. 
The application shall contain the following information:
(1) 
If a person or firm, the name, residence, business address and telephone number of the applicant.
(2) 
If a partnership, the business address, telephone number, employer identification number and also the name, residence and social security number of each partner.
(3) 
If a domestic corporation, the name, business address and telephone number of the corporation, together with corporation's employer identification number and the name, residence address and social security number of the principal owner of the corporation.
(4) 
An overall site plan of the property (may be prepared on the legal property survey) prepared at a reasonable scale (no greater than one inch to 50 feet) and including:
(a) 
The scale, north arrow and date.
(b) 
Sufficient description or information to define precisely the boundaries of the property.
(c) 
The location, names and widths of existing streets.
(d) 
The location, width and purpose of existing easements, if any.
(e) 
A complete listing of any deed restrictions.
(f) 
Existing zoning and zoning boundaries.
(g) 
The size, location and use of existing structures.
(h) 
The type and location of all refuse containers (including dumpsters, cans, etc.).
(i) 
Paved areas and sidewalks including parking spaces and driveway layouts.
(j) 
Existing fences, landscaping, retaining walls or other pertinent features.
(k) 
The location, size and seating capacities of all proposed seasonal tables, benches or seats.
(l) 
Such other information as the Code Enforcement Officer may reasonably require.
[Amended 3-26-2007 by L.L. No. 2-2007]

§ 215-165 Issuance or denial of permit.

[Amended 3-26-2007 by L.L. No. 2-2007]
The Code Enforcement Officer is authorized to issue or deny the application for an outdoor dining permit. Any application so approved shall be issued by the Code Enforcement Officer upon payment to the Code Enforcement Officer of the required permit fee.

§ 215-166 Permit expiration.

A. 
All outdoor dining permits expire on the 31st day of December of each year.
B. 
Each outdoor dining permit shall be posted in a conspicuous location on the premises.
C. 
Any outdoor dining permit which has not been suspended or revoked may, upon filing of an application for renewal and payment of a fee prescribed by this section, be renewed for an additional period of one year from its expiration.
D. 
No outdoor dining permit shall be assignable or transferable.
E. 
The fee for an outdoor dining permit or for any renewal thereof shall be set by resolution of the Town Board of the Town of Tonawanda.

§ 215-167 Restrictions.

A. 
No tables, benches, seats, etc. shall occupy any existing parking spaces or be located over sidewalks, rights-of-way or within the path of fire exiting.
B. 
Tables, benches, seats, etc., shall be maintained in a satisfactory state of repair.
C. 
Dining areas shall remain clean and free of trash or debris at all times.
D. 
No outside music or speakers shall be permitted.
E. 
Noise levels shall not exceed those outlined in Chapter 133 of the Code of the Town of Tonawanda.
F. 
Hours of operation shall be set on an individual property basis as determined by the Code Enforcement Officer and shall be based upon location of dining areas with respect to adjacent property uses and regular business operations of the premises.
[Amended 3-26-2007 by L.L. No. 2-2007]
G. 
Bar and/or restaurant facilities licensed by the New York State Liquor Authority (NYSLA) to sell alcohol on the premises shall provide written approval from the NYSLA to establish such outdoor dining prior to permit issuance.
H. 
Other restrictions as deemed reasonable by the Code Enforcement Officer shall also apply.
[Amended 3-26-2007 by L.L. No. 2-2007]

§ 215-168 Revocation of permit.

[Amended 3-26-2007 by L.L. No. 2-2007]
Failure to adhere to the restrictions listed herein and/or on the outdoor dining permit issued shall be cause for immediate revocation of said permit by the Code Enforcement Officer and the discontinuance of seasonal outdoor dining activities. Such revocation may be in addition to any fine imposed for violating this article.