The sidewalk cafe regulations, as established in this chapter,
are designed to allow sidewalk cafes on public property in locations
where they are determined to be appropriate by the Village Manager
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 cafes and to ensure access to adjacent commercial and
retail uses.
B. To promote sidewalk cafes as useful and properly planned visual amenities
which better relate to the streetscape.
C. To promote the most desirable use of land and buildings and thereby
protect the Village's tax revenues.
For purposes of this chapter, the following terms shall have
the following meanings:
PUBLIC SERVICE FACILITY
A public telephone, mailbox, bench 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.
[Amended 10-7-2003 by L.L. No. 9-2003]
A. Any person, firm or corporation may operate a sidewalk cafe (hereinafter
called "cafe") within the Village of Monticello on any sidewalk adjacent
to his place of business upon obtaining a seasonal or permanent permit
from the Village Manager (hereinafter called "Manager") of the Village
of Monticello.
B. A seasonal permit shall be valid only until October 31 of the year
issued and such sidewalk cafe must be removed by such date.
C. A permanent permit shall be available upon payment of the fee as
set by the Village Board of Trustees for such permanent permit. Such a permanent permit shall permit the sidewalk structure
to remain year round. The owner of the property shall be responsible
for keeping the sidewalk structure and the immediate vicinity free
and clear of all ice and snow and of any and all debris. The owner
of the property shall also be required to illuminate the structure
so it shall be able to be viewed from the street at all times. Said
deck must comply with the current New York State Uniform Fire Prevention
and Building Code and the Village of Monticello Building Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Each applicant for a permit under this chapter shall submit
three copies of his plans for a cafe to the Manager, together with
a nonrefundable fee as set by the Village Board of Trustees. Such plans shall show that the applicant:
A. Has a state liquor license that will allow or can be amended to allow
applicant to serve alcoholic beverages in applicant's cafe.
B. Has complied with all rules, regulations and specifications promulgated
by the Manager pursuant to this chapter.
Before any permit is issued pursuant to this chapter, the plans
submitted to the Manager pursuant to this chapter shall be referred
to the Highway Superintendent, who shall recommend approval, disapproval
or modification of said plans within one week of the submission of
the plans. In no event, however, shall any permit be issued unless
a minimum of eight feet of sidewalk space remains for pedestrian use
between the curbline and the edge of the sidewalk cafe nearest thereto.
Except for properties fronting on Broadway, the Manager of Public
Safety and Public Works may reduce this minimum to five feet, but
in the event of so doing said Manager may impose restrictions thereon.
The minimum of eight feet of sidewalk space for pedestrian use may
not be waived on Broadway.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Upon approval by the Manager of the plans submitted by the applicant pursuant to §
212-5, the Manager shall issue a permit, valid for one calendar year, to the applicant upon the payment to the Manager by the applicant of an annual license fee of $300 per year or as set by the Village Board of Trustees and upon the applicant furnishing to the Village of Monticello
the following:
A. An agreement by the applicant to repair, at the expense of the applicant,
any damage caused to the sidewalk in the operation of the cafe. The
Manager may require a bond, in an amount to be fixed by the Manager,
to be filed by the applicant.
B. A hold harmless agreement executed by the applicant and indemnifying
the Village against loss, including costs and expenses resulting from
injury to person or property as a direct or indirect result of the
operation of the cafe or for injury to person or property occurring
on the premises occupied by the cafe.
C. Proof of liability insurance in the amount of $500,000 per individual
and $1,000,000 per occurrence, naming the Village of Monticello as
an additional named insured.
D. Proof that the applicant has a state liquor license authorizing him
to serve alcoholic beverages in his cafe.
A cafe authorized and operated pursuant to this chapter shall:
A. Comply with all plans submitted to and approved by the Manager.
B. By no later than 2:00 a.m., have all furniture, utensils, containers
or any other materials used in the operation of the cafe or within
the area used by the cafe removed from the sidewalk cafe area, provided
that any railing, flooring or other support or enclosure used in the
assembly, operation or enclosure of the cafe may be allowed to remain
on the sidewalk area if specifically permitted in the Manager's
approval of the cafe plans, above. No cafe shall remain open after
2:00 a.m.
C. Remove all cafe structures by October 31 in any year for which a license is granted, except as set forth in §
212-4C herein.
[Amended 10-7-2003 by L.L. No. 9-2003]
D. Comply with all other provisions of the Code of the Village of Monticello,
New York.
The Manager is hereby authorized to regulate the operation of
cafes through the promulgation of appropriate rules, regulations and
specifications.
Upon a finding by the Manager that an applicant has violated
any provisions of this chapter, the Manager shall give notice to said
applicant to correct said violation within 24 hours of receipt of
said notice by the applicant. Upon failure to correct said violation
within 24 hours, the Manager may revoke the applicant's permit
issued pursuant to this chapter.
The area encompassed within a cafe authorized pursuant to this chapter shall be considered duly licensed for sale and consumption of alcoholic beverages and shall not be subject to Chapter
82 of the Code of the Village of Monticello.