[HISTORY: Adopted by the Town Board of the Town of Southampton 5-26-2009 by L.L. No.
20-2009. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 330.
As used in this chapter, the following terms shall have the
meanings indicated:
The Chief Fire Marshal of the Town of Southampton, or designee.
[Added 4-13-2010 by L.L. No. 12-2010]
The Chief of Police of the Town of Southampton, or designee.[1]
The Public Safety and Emergency Management Administrator
of the Town of Southampton, or designee.
[Added 2-8-2022 by L.L. No. 6-2022]
As defined in Chapter 19, Department of Police; Public Safety Commissioner, of the Town Code.
[1]
Editor's Note: The former definition of "Public Safety Administrator,"
which immediately followed, was repealed 4-13-2010 by L.L. No. 12-2010.
A.
Upon obtaining a license to do so from the Chief Fire Marshal, a standard restaurant, as defined in Town Code § 330-5, may use the public sidewalk to provide outdoor sidewalk dining in accordance with the following provisions.
[Amended 4-13-2010 by L.L. No. 12-2010]
B.
In order to be eligible for a license, a business must meet the following
requirements:
(1)
The business must be a standard restaurant which lawfully serves
food for consumption on the business premises at indoor dining seats.
(2)
The business must be located in a building which directly abuts a
sidewalk which is no less than 10 feet in width measured from the
exterior wall of the building in which the business is located to
the inside edge of the curb.
(3)
The sidewalk dining area shall be located directly in front of the
building occupied by the licensed business, shall not extend more
than six feet from the exterior wall of the building, unless otherwise
approved by the Chief Fire Marshal, and shall stay within the width
of (shall not exceed beyond the width of) the building space occupied
by the restaurant unless otherwise approved by the Chief Fire Marshal.
[Amended 4-13-2010 by L.L. No. 12-2010; 2-8-2022 by L.L. No. 6-2022]
(4)
The sidewalk dining area shall be located so as to assure adequate
space on the sidewalk for pedestrians utilizing the sidewalk. An unobstructed
(such obstructions including, but not limited to, trees, signs, bicycle
racks, utility poles, and planters) sidewalk width of at least six
(6) feet shall be maintained for pedestrian use of the sidewalk.
(5)
All exits and means of egress from the business premises occupied
by the licensed business shall be maintained and shall not be obstructed
in any manner.
(6)
The sidewalk dining area shall be open to the sky, except that it
may be covered only with a retractable awning or approved umbrellas.
No advertising may be displayed on said awning other than the name
of the licensed business.
[Amended 2-8-2022 by L.L. No. 6-2022]
(7)
The sidewalk dining area shall not be enclosed. No fencing, railing,
or similar barrier shall be utilized to delineate the sidewalk dining
area. The sidewalk dining area may be delineated by utilizing ropes.
No objects shall be placed on the sidewalk dining area other than
movable tables and chairs.
(8)
The sidewalk dining area may contain movable tables and chairs for
outdoor dining. The number of outdoor dining seats within the sidewalk
dining area shall not exceed 20% or four seats, whichever is greater,
of the number of indoor dining seats, lawfully provided by the licensed
business on the business premises. During the period when outdoor
dining seats are provided on the sidewalk dining area, the number
of indoor dining seats utilized by the licensed business shall be
correspondingly reduced.
[Amended 4-23-2013 by L.L. No. 8-2013]
(9)
The term of such license shall be from January 1 to December 31 of
the year in which the application was submitted. An outdoor sidewalk
dining license shall not be transferred or assigned by the licensed
business.
[Amended 4-13-2010 by L.L. No. 12-2010; 2-8-2022 by L.L. No. 6-2022]
(10)
The permitted hours of operation of a sidewalk dining area shall
be from 7:00 a.m. to 11:00 p.m. Tables and chairs must be removed
from the sidewalk by 11:30 p.m. and may not be placed on the sidewalk
prior to 7:00 a.m. Tables and chairs must be removed from the sidewalk
during inclement weather.
(11)
The sidewalk dining area shall not be used for any purpose other
than the service of food and beverages (including alcoholic beverages)
for consumption on the sidewalk at tables and chairs within the sidewalk
dining area. The service of alcoholic beverages alone, without any
food, shall be prohibited at the outdoor dining area.
(12)
The licensed business operating the sidewalk dining area shall
be responsible for trash removal and shall maintain the public property
on which it is located, and the surrounding five feet up to the road
margin, in a clean and litter-free manner during the hours of operation.
Tables and chairs shall be maintained in good condition.
(13)
The applicant for an outdoor sidewalk dining license shall be responsible for obtaining, maintaining in full force and effect, and complying with the terms and conditions of any permit which may be required under any other law or regulation for the serving of food and beverages, including alcoholic beverages, provided that such activity has been licensed by the State Liquor Authority pursuant to Town Code § 89-4.
(14)
A sidewalk dining area shall not use any public amenities such
as benches, seats, or trash receptacles provided for public use of
the sidewalk.
(15)
Exterior lighting equipment that may present a tripping hazard
is not permitted. Temporary electrical connections, such as extension
cords, are not permitted. Exterior electrical lighting specifically
designed for the sidewalk dining area is not permitted.
(16)
Outdoor music shall be prohibited in the outdoor dining area.
C.
Notwithstanding the requirements identified in Subsection B above, for so long as the Governor’s Executive Orders limit the indoor occupancy of restaurants and dining establishments due to the COVID-19 pandemic, the Fire Marshal may, in his discretion and subject to any further conditions he may impose, waive, suspend, or modify, in whole or in part, any of the above requirements.
[Amended 2-9-2021 by L.L.
No. 7-2021]
A.
An applicant for an outdoor sidewalk dining license shall submit
the following information to the Chief Fire Marshal:
[Amended 4-13-2010 by L.L. No. 12-2010]
(1)
A plan showing the proposed design and layout of the sidewalk dining area, including the number of tables and chairs, with data and dimensions sufficient to show compliance with the provisions set forth in § 250-2 herein. No alterations or modifications shall be made with respect to an approved plan (the plan approved upon issuance of a license) unless and until a revised plan showing any proposed alterations or modifications has been submitted to and approved by the Chief Fire Marshal.
(2)
Information with respect to the business conducted by the applicant
sufficient to show that the applicant is eligible for a license.
(3)
Such other information, including the number of indoor dining seats provided by the applicant on the business premises, as may be reasonably necessary to show compliance with the provisions set forth in § 250-2 herein.
(4)
An application fee, as set forth by Town Board resolution, a certificate
of insurance, and a signed and acknowledged indemnification.
B.
The Chief Fire Marshal shall approve or deny a license application
within 10 days from the submission of a complete application and shall
file a copy of the license or notice of denial with the office of
the Town Clerk.
[Amended 4-13-2010 by L.L. No. 12-2010]
C.
The issuance of an outdoor dining license is a privilege and not
a right and may be denied in the event the applicant fails to comply
with any applicable provision of this chapter or for any other reason
not prohibited by law, including, but not limited to, outstanding
violations against the premises proposed to be licensed.
[Amended 4-13-2010 by L.L. No. 12-2010; 2-8-2022 by L.L. No. 6-2022]
A.
If, after an outdoor dining license is issued, the Chief Fire Marshal,
the Public Safety and Emergency Management Administrator, or the Chief
of Police determines that any of the representations and/or statements
contained in the application or any of the conditions or requirements
of the license or this chapter have not been met, the Chief Fire Marshal,
the Public Safety and Emergency Management Administrator, or the Chief
of Police may rescind, suspend, or modify such license.
B.
If conditions exist that endanger the health, safety, or welfare
of the public or the patrons of the licensed business, the Chief Fire
Marshal, the Public Safety and Emergency Management Administrator,
or the Chief of Police may suspend the license until such danger is
corrected.
A.
If the Chief Fire Marshal denies an application for an outdoor dining
license, written notice of such denial or rescission, and the reasons
for such determination, shall be mailed by the Chief Fire Marshal,
by certified mail, return receipt requested, to the applicant at the
address provided in the application.
[Amended 4-13-2010 by L.L. No. 12-2010]
B.
The denial, rescission or suspension of a license may be appealed to the Public Safety Commission pursuant to Town Code Chapter 19. All requests for an appeal hearing shall be made in writing and shall be filed with the Town Clerk within 10 days from the date of receipt of the written denial or rescission notification. Such request for an appeal shall set forth the grounds for the appeal and shall be accompanied by the appeal fee in the amount established by the Town Board, which may be amended from time to time.
C.
The Public Safety Commission shall conduct a public hearing or hearings
with respect to any appeal. The Public Safety Commission shall fix
a time and place for such hearing and shall provide for the giving
of notice at least 10 days prior to the date of the hearing as follows:
(1)
By publishing a notice in the official newspaper;
(2)
By requiring the applicant to erect a white-and-black-lettering sign
or signs measuring not less than two feet long and one foot wide,
which shall be prominently displayed on the premises facing each public
street on which the property abuts, giving notice that an application
for an outdoor dining license is pending and the date, time, and place
where the public hearing will be held. The sign shall not be set back
more than 10 feet from the street line and shall be not less than
two feet nor more than six feet above the grade at the street line.
The sign shall be made of durable material and shall be furnished
by the Town Clerk. It shall be displayed for a period of not less
than 10 days immediately preceding the public hearing date. No additional
posting shall be required for any adjournment date. The applicant
shall file an affidavit stating that there has been compliance with
the provisions of this section.
(3)
If the business involved in an application is within 500 feet of
the boundary of any other municipality, notice of the public hearing
shall also be mailed to the municipal clerk of such other municipality
by the applicant.
(4)
By requiring the applicant to mail written notice of the date, time,
and place of the hearing, together with a copy of the application,
by certified mail, return receipt requested, to every property owner,
as shown on the current Town of Southampton assessment rolls, of parcels
abutting and directly opposite (by extension of lot lines through
a street or right-of-way) the property which is the subject of the
application, proof of which shall be submitted to the Public Safety
Commission on or before the commencement of the public hearing in
the form of an affidavit with postal receipts annexed to it confirming
mailing of the notices at least 10 days prior to the hearing date.
D.
At the public hearing, the Public Safety Commission shall give the
appealing party and any other interested party a reasonable opportunity
to be heard, in order to show cause why the determination of the Chief
Fire Marshal, the Public Safety and Emergency Management Administrator,
or the Chief of Police, as the case may be, should not be upheld.
The applicant shall provide any relevant information in response to
that set forth in the written notice of denial or rescission. A written
report and/or testimony from the Chief Fire Marshal, the Public Safety
and Emergency Management Administrator, or the Chief of Police if
applicable, detailing the reason(s) for denial or rescission, shall
be made part of the public hearing's record.
[Amended 4-13-2010 by L.L. No. 12-2010; 2-8-2022 by L.L. No. 6-2022]
E.
In determining the appeal, the Public Safety Commission shall consider
all of the information provided at the hearing, with all other available
information.
F.
The Public Safety Commission may sustain the determination of the
Chief Fire Marshal, the Public Safety and Emergency Management Administrator,
or the Chief of Police to deny or rescind a license, or may reverse
the determination, with or without additional conditions. A resolution
of a majority vote of the Public Safety Commission is required for
any such action. The Public Safety Commission shall render its findings,
in writing, no later than 10 days from the close of the public hearing.
The Public Safety Commission shall notify the applicant of its determination
by certified mail, return receipt requested, to the address provided
in the application, within five days after such determination. A copy
of the determination shall be filed with the office of the Town Clerk
and shall be forwarded to all involved Town departments.
[Amended 4-13-2010 by L.L. No. 12-2010; 2-8-2022 by L.L. No. 6-2022]
G.
The decision of the Public Safety Commission shall be final and shall
constitute the exhaustion of the applicant's administrative remedy.
A.
The licensed business shall indemnify the Town and hold the Town
harmless from and against any and all claims, causes of action, liability,
damage, loss, cost or expense (including reasonable attorneys' fees)
arising out of or related to the use, maintenance, or operation of
the sidewalk dining area or arising out of or related to the license.
B.
Prior to the issuance of an outdoor sidewalk dining license, and
subject to review by the Town Attorney's office, the applicant shall
furnish the Town with a comprehensive liability insurance policy,
insuring the applicant and/or property owner against liability for
damage to persons or property, with limits as established by resolution
of the Town Board, which policy shall name the Town as an additional
insured and shall not be cancelable without at least 30 days' prior
written notice to the Town. Additional comprehensive liability insurance
policies, naming the Town as an additional insured, may be required.
C.
Notwithstanding anything to the contrary set forth in this chapter,
the Town Board may waive or modify any of the requirements set forth
herein.
A.
The provisions of this chapter are not exclusive, and the licensed
business must have and remains subject to all other applicable permits
as may be required.
B.
The use and operation of the sidewalk dining area shall be conducted
in compliance with the provisions enumerated within this chapter,
including any amendments thereto. Use and operation of the sidewalk
dining area shall be conducted in compliance with all other applicable
governmental laws and regulations, including, but not limited to,
the Southampton Town Code, the Suffolk County Department of Health
Services, and the New York State Liquor Authority.
C.
Specifically, the applicant shall provide proof of compliance with
State Liquor Authority regulations governing service of alcohol in
outdoor dining areas.
A.
Any business which shall cause, permit, or allow outdoor sidewalk
dining without a license as described herein shall be guilty of a
violation of this chapter.
B.
Any business which shall fail to comply with the provisions of this
chapter shall be guilty of a violation of this chapter.
C.
A violation of the provisions of this chapter or of Town conditions,
approvals, or restrictions issued herein shall be a misdemeanor punishable
by a fine not to exceed $500 for the first offense and not to exceed
$1,000 for each subsequent offense.
D.
Each day the violation continues shall constitute a separate offense.
A separate penalty may be imposed for each separate offense.
