[Adopted 7-21-2008 by L.L. No. 11-2008]
The sidewalk vending regulations as established in this article are designed to allow sidewalk vending on public property on the terms and conditions as specified in this article and to promote and 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 vending areas and to ensure access to adjacent commercial and retail uses.
B. 
To promote sidewalk vending as useful and properly planned visual amenities.
C. 
To preserve and enhance the character of the RR Restricted Retail District.
For the purpose of this article, the following terms shall have the following meanings:
CURBLINE
An area marked by the point at which the curbstone of a roadway meets or is adjacent to the sidewalk.
PUBLIC SERVICE FACILITY
A public telephone, mailbox, bench, parking meter or other facility provided for the use of the general public.
SIDEWALK
Any area between the curbline and a structure, whether publicly or privately owned, which is used by the public or open to use by the public.
SIDEWALK VENDING
The use of the sidewalk area adjacent to and a part of a permitted indoor retail establishment for the sale of retail merchandise, the placement of sandwich board signs and the placement of items relating to the business and designed to attract customers to the business establishment.
A. 
No person shall engage in the operation of sidewalk vending except upon the granting of a revocable permit therefor by the Building Inspector pursuant to this article and in accordance with the terms and conditions of such permit.
B. 
The Building Inspector is hereby authorized to grant revocable permits for the use of the sidewalks for sidewalk vending upon the following terms and conditions:
(1) 
The permit and regulated activity shall be valid only during a single calendar year. All permits, regardless of when issued, shall expire on December 31 and shall be renewed each year thereafter on application of the applicant specifying any change from the information originally set forth pursuant to § 247-11 of this article, unless the Building Inspector, for cause as set forth in § 247-13, does not renew said permit.
(2) 
The permitted activity shall be conducted only as an accessory to a business establishment lawfully operating on the first floor of premises in the areas designated in Subsection B(3) below on the sidewalk in front of the principal place of business of such establishment and by the entity which operates such establishment. All sales shall be conducted within such establishment. No cash register or other facility for the exchange of currency or otherwise receiving payment for goods and services shall be permitted on the sidewalk.
(3) 
Sidewalk vending shall be permitted in the following areas:
(a) 
Broadway, from Wildey Street to West Elizabeth Street.
(b) 
John Street, from Main Street to a point 200 feet south of Main Street.
(c) 
Kaldenberg Place, from Main Street to Central Avenue.
(d) 
Main Street, from Broadway to Windle Park.
(e) 
Neperan Road, from Broadway to Archer Place.
(f) 
North Washington Street, from Main Street to Central Avenue.
(g) 
South Washington Street, from Main Street to a point at the southerly edge of the Washington Street parking lot.
(4) 
The applicant shall have the consent of the owner, if different than the applicant, of the premises in front of which the permit activity is to be conducted.
(5) 
There shall be maintained at all times by the permittee an area in front of the business no less than four feet to enable pedestrians to walk along the sidewalk. Should a sidewalk be more than eight feet in width, one-half of the width of the sidewalk may be used for sidewalk vending up to a maximum of six feet.
(6) 
The Board of Trustees may waive the requirements of this article for a period of not more than one week for special occasions and events.
(7) 
No sidewalk display shall be higher than five feet in height. A sidewalk display may be placed immediately adjacent to the business or along the curbline, provided the display does not violate Subsection B(10) hereinbelow and there is space maintained for car doors to be opened and people to enter and exit a car. A permittee shall not be permitted to use both the area next to the business and the area next to the curb for sidewalk vending purposes. Sidewalk vending next to a tree pit shall not be nearer than three inches to the edge of a tree pit. Sandwich board signs may be utilized year-round, but may not be 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.
[Amended 3-19-2018 by L.L. No. 3-2018]
(8) 
The applicant shall at all times maintain free and clear from all obstructions access to the door of the business for ingress and egress.
(9) 
No part or item of sidewalk vending use may be permanently affixed to the sidewalk or any building. The applicant shall be responsible for any damage caused to any sidewalk or public property.
(10) 
The sidewalk vending use shall not interfere with access to any public service facility.
(11) 
No outdoor lighting or live or mechanical music shall be permitted.
(12) 
No sidewalk vending shall be permitted after the entity with which it is associated is not open to the public and all items placed on the sidewalk for vending purposes must be placed inside the business.
(13) 
No sidewalk vending shall be permitted when there is snow on the sidewalk on any area in front of the business for which the sidewalk vending is permitted.
(14) 
The applicant shall agree, on a form approved by the Village Attorney, to indemnify and save harmless the Village of Tarrytown, its officers, agents and employees from and against any claim of loss, liability or damage by any person arising as a result of the applicant's operation of the sidewalk vending use.
(15) 
The applicant shall obtain and maintain in full force and effect throughout the term of the permit a policy of general liability insurance, which such policy shall name the Village of Tarrytown, its officers, agents and employees as additional insured, with the following limits: for personal injury, $1,000,000 per individual and $1,000,000 per occurrence, effective for the duration of the permit and contain a provision prohibiting its cancellation except upon 20 days' notice to the Village of Tarrytown. The applicant shall file with the Village Clerk, prior to the issuance of the permit, a certificate evidencing the requisite insurance.
(16) 
The applicant shall file with the Village Clerk, prior to the issuance of the permit, a cash deposit in an amount to be set forth by resolution of the Board of Trustees in the Master Fee Schedule,[1] which may be amended from time to time, as security for the faithful performance by the applicant of the terms and conditions of the permit.
[1]
Editor's Note: The Master Fee Schedule is available for review in the Village offices.
(17) 
Any other conditions the Building Inspector shall deem to be reasonable and necessary to protect the health, welfare and safety of the public, including the denial of the application.
(18) 
The public property on which sidewalk vending uses are located and the surrounding areas shall at all times be kept free and clear of litter, debris and any substance that may damage the sidewalk or cause pedestrian injury, and this shall be the responsibility of the permittee.
(19) 
The area used in the sidewalk display shall not be included in the calculation for any parking requirements required by this Code.
A. 
Application for a permit pursuant to this article shall be made at least 14 days prior to the intended date(s) of display on a form designated by the Building Inspector. Such form shall contain at least the following information:
(1) 
The name and address of the applicant.
(2) 
The proposed site for the activity.
(3) 
A site plan showing:
(a) 
The proposed layout, noting where the sidewalk vending is to occur and the extent of the sidewalk vending on the property.
(b) 
A statement of the months, days and hours of intended operation.
(c) 
The applicant's entire property and adjacent properties on the location map with streets for a distance of at least 25 feet, at a scale of one inch equals 10 feet.
B. 
The application shall be accompanied by an application fee as set forth by resolution of the Board of Trustees in the Master Fee Schedule,[1] which may be amended from time to time.
[1]
Editor's Note: The Master Fee Schedule is available for review in the Village offices.
The Building Inspector shall grant or deny an application for a permit pursuant to this article within 14 days of its complete submission.
Upon a finding by the Building Inspector that the applicant has violated any provision of this article or the terms and conditions of the permit or has engaged in any practice in conjunction with the regulated sidewalk activity which constitutes a danger to the health or safety of any patron or pedestrian, the Building Inspector shall give notice to the applicant to correct such violation or cease such practice within 24 hours. If the applicant fails to comply with such notice, the Building Inspector may suspend the permit for a period not in excess of 30 days, during which time the applicant shall be entitled to a hearing before the Village Administrator, at which the applicant may be represented by counsel, to present evidence in his or her behalf and confront the evidence against him or her. If, upon considering the evidence presented at the hearing, the Village Administrator adheres to the finding, the Village Administrator may reinstate the permit with additional conditions related to the violation or improper practice which has been found or revoke the permit and forfeit the applicant's cash deposit.
Neither the adoption of this article nor the granting of any permit pursuant hereto shall be construed as a waiver of any right, privilege or immunity of the Village of Tarrytown with respect to streets and sidewalks, whether express or implied.
Any person who shall violate any of the provisions of this article shall be liable to prosecution in the Village Justice Court and may, upon conviction thereof, be liable to a fine that shall not exceed $500, imprisonment for not more than 15 days for each such offense, or both such fine and imprisonment. If a fine imposed pursuant to this article resulting from the maintenance, use or operation of sidewalk vending is not paid within five business days after the fine is imposed, the Village may withdraw the amount of the fine from the permittee's security deposit.