[HISTORY: Adopted by the City Council of the City of Glen Cove 6-24-1997. Amendments noted where applicable.]
For the purposes of this chapter, the following terms shall have the express meanings indicated:
- Building Department Administrator of the City of Glen Cove.
- CITY CODE
- Charter and Code of the City of Glen Cove.
- OUTDOOR CAFE
- Exterior seating wholly located on private property, adjacent to and part of a lawfully permitted restaurant, provided that seating and tables are open to the elements except for awnings, umbrellas and three-foot-high partitions of a temporary or permanent nature.
- Public right-of-way owned by a municipal entity for the purpose of pedestrian use.
- SIDEWALK CAFE
- Exterior seating adjacent to and a part of a lawfully permitted restaurant that requires the use of a portion of a City sidewalk, provided that seating and tables are not affixed to the sidewalk and are open to the elements except for awnings and umbrellas and temporary posts and rails.
- TEMPORARY CONVENIENCE SEATING
- Exterior seating accessory to any lawfully permitted store such as a delicatessen, takeout eatery, bakery or similar establishment, where perishable food and nonalcoholic drink are prepared on the premises as a primary use, provided that seating and tables are not affixed to the sidewalk and are open to the elements except for awnings and umbrellas and temporary posts and rails.
No sidewalk cafe, outdoor cafe or temporary convenience seating, as defined herein, shall be established or allowed to operate on the effective date of this chapter unless a license has been obtained from the City Clerk after written approval by the BDA. Each license shall be nontransferrable and shall expire one year from the date of its issuance. Once issued, each license shall be prominently displayed in a window on the premises facing a City street. The City Clerk shall establish requirements for a suitable application to ensure compliance with the provisions of this chapter.
The applicant shall be the owner of a lawfully operating business which qualifies for a license as provided herein and the landlord must signify in writing assent to said application on a notarized form to be provided by the City Clerk.
Suitable liability insurance shall be produced to the satisfaction of the City Clerk showing that the City of Glen Cove is listed as a named insured thereon in an amount not less than $500,000 per person and $1,000,000 per incident, and $250,000 in property damage.
No special use permit or other zoning permission pursuant to Chapter 280, Zoning, of the City Code shall be required so long as the license applicant complies with the provisions of this chapter and so long as all other pertinent provisions of Chapter 280 and the chapters of the City Code are met in the opinion of the BDA.
No sidewalk cafe or outdoor cafe may provide seating in excess of 25% of the lawfully permitted maximum occupancy of the indoor restaurant to which it is immediately adjacent, unless permitted by the Planning Board as a special use permit after a public hearing pursuant to Chapter 280 of the City Code.
No sidewalk cafe shall extend from the front wall of the adjacent restaurant into the sidewalk more than half way toward the curb of any City street. In no case may a sidewalk cafe reduce unimpeded access along a sidewalk to a width of less than five feet.
Seating and tables provided for an outdoor cafe shall not block any public sidewalk or private walkway open to the general public including shopping center walkways by reducing unimpeded access to a width of less than five feet.
In determining compliance with this section, the BDA shall take into consideration how much, if any, sidewalk is private property and how much sidewalk pedestrians require to safely proceed along City streets.
No sidewalk cafe or outdoor cafe shall provide amplified music, recordings or any musical sound by electronic means through loudspeakers or similar devices, except by permit. Permits shall be available annually from Memorial Day through September 30 for the following days and times only: Friday and Saturday until 10:30 p.m., and Sunday until 8:00 p.m. Permits shall be applied for as prescribed in Subsection D below. Musical instruments and singing without amplification shall be permitted so long as the same does not disturb the peace of any nearby residentially zoned neighborhood.
Alcoholic beverages may not be served at any sidewalk cafe or outdoor cafe unless expressly authorized by the New York State Liquor Authority.
No sidewalk cafe or outdoor cafe shall operate before the start of business of the restaurant to which it is accessory or after the close of business of such restaurant.
Permits for the use of amplified music, recordings, or any musical sound by electronic means through loudspeakers or similar devices may be issued to sidewalk cafes or outdoor cafes upon application to the Building Department Administrator upon forms designed and provided by the BDA. Permits shall be granted at the discretion of the Building Department Administrator in consultation with the Chief of Police and may be revoked at any time for cause at the discretion of the Mayor. There shall be a permit application fee of $50. Only one permit is required per applicant per season, but applicants and permit holders are required to notify the Building Department of each date the applicant intends to utilize the permit to provide amplified music for its patrons. This notice shall be provided to, and on the form or forms designated by, the Building Department Administrator and must be provided 48 hours in advance of the desired date. Each date is subject to approval or denial, notwithstanding the prior issuance of a permit.
No sidewalk cafe or outdoor cafe shall provide outdoor cooking or the preparation of hot food or hot drink of any kind.
No spotlights shall be permitted in outdoor area; lighting shall be indirect and minimal and shall not exceed 25 watts per fixture with no more than four fixtures except that low wattage string lights such as Christmas lights may be permitted.
Advertising signs shall only be permitted pursuant to the provisions of Chapter 228, Signs, of the City Code.
Rollup awnings may be permitted as provided in Chapter 239; permanent awnings shall not project more than 30 inches beyond the front face of a building over a City sidewalk unless the BDA shall find that such an awning does not interfere with the enjoyment of light and air, or presents a safety hazard.
Temporary convenience seating may only be provided pursuant to the following regulations:
Seating and tables shall only be permitted immediately adjacent to a store front and shall not occupy more than 40 square feet along any store front sidewalk or walkway whether or not on private or public property and shall not exceed three tables, each no greater than 30 inches in width or diameter, and shall not exceed six chairs.
Seating and tables shall be removed from sidewalks each night immediately after sundown; when located on private property, seating and chairs shall be removed each night immediately after the close of business. In no case may tables and chairs be placed outside before the start of business.
Seating and tables shall not project more than four feet beyond the storefront and in no case may block any public sidewalk or private walkway open to the general public including shopping center walkways by reducing unimpeded access to a width of less than five feet.
Table service, outdoor food or drink preparation, alcoholic beverages, music or entertainment shall not be permitted at any time.
No outdoor cafe, sidewalk cafe or temporary convenience seating shall be permitted in any parking space or parking lot required as off-street parking pursuant to Chapter 280 of the City Code unless permitted by the Planning Board after a public hearing pursuant to site plan review.
Every outdoor cafe, sidewalk cafe and temporary convenience seating approved pursuant to this chapter shall maintain seating areas clean and free of refuse and shall collect all litter, waste and refuse during the course of the business day. Waste pails and refuse containers may not be stored outdoors or maintained on the exterior of any cafe premises or seating area. Suitable waste pails and refuse containers shall be maintained inside the subject premises.
Any offense against the provisions of this chapter shall constitute a violation and shall be punishable by a fine not exceeding $1,000 for each such day that such violation exists. Any second or subsequent conviction for a violation of this chapter within any twelve-month period may result in immediate revocation or suspension of any license issued by the City Clerk herein without the necessity of a hearing.