[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.
Charter and Code of the City of Glen Cove.
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.
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.
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.
A.
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.
[Amended 1-8-2002]
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
C.
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.
[Amended 8-12-2014]
A.
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.
B.
Alcoholic beverages may not be served at any sidewalk
cafe or outdoor cafe unless expressly authorized by the New York State
Liquor Authority.
C.
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.
D.
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.
A.
No sidewalk cafe or outdoor cafe shall provide outdoor
cooking or the preparation of hot food or hot drink of any kind.
B.
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.
C.
Advertising signs shall only be permitted pursuant to the provisions of Chapter 228, Signs, of the City Code.
D.
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:
A.
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.
B.
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.
C.
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.
D.
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.
[Added 4-27-2021[1]]
A.
The Mayor
may, subject to existing weather, traffic, and safety conditions,
as determined in the sole discretion of the Mayor, order certain streets
to be closed to traffic on Thursdays, Fridays and/or Saturdays, between
the hours of 6:00 p.m. and 11:00 p.m., from May 1 through October
31 at 1) School Street, between Highland Road and Glen Street; and/or
2) Glen Street, between School Street and Pulaski Street.
B.
Businesses
located immediately adjacent to the street closures may submit license
applications to the BDA for a sidewalk cafe and/or temporary convenience
seating for the purpose of utilizing the sidewalk and/or area of the
street closure, through the limited duration of the street closure,
subject to and consistent with all other provisions of this chapter
and City Code unless otherwise stated in this section.
C.
License
applications must include an illustration of where the applicant intends
to place seating and tables. For purposes of licenses issued pursuant
to this section, maximum occupancy for license applications shall
be subject to existing space limitations and public safety concerns
as determined in the sole discretion of the BDA.
D.
License
applications submitted pursuant to this section may be subject to
a fee as set forth by City Council resolution from time to time.
A.
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.
