[Added 10-20-1997 by L.L. No. 4-1997]
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.
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]
[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.
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.
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]
[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.
