[HISTORY: Adopted by the Board of Trustees of the Village of Spencerport 7-13-2005 by L.L. No. 3-2005 (Ch. 110, Art. III, of the 1988 Code). Amendments noted where applicable.]
This article shall be known as the "Sidewalk Cafe Law."
As used in this article, the following terms shall have the meanings indicated:
- ADJACENT BUILDING
- The building whose principal facade fronts on the sidewalk where the sidewalk cafe is or is proposed to be located.
- Any individual, partnership, corporation, association or other entity.
- PRINCIPAL FACADE
- That portion of the facade of a building which fronts on a public street.
- An establishment actually located within the adjacent building, the primary activity of which is the preparation and serving of food for consumption by the public on its premises, whether free or for cost, and shall include, by way of example, a restaurant, hotel, coffee shop, tearoom, dining room, cafeteria, luncheonette, soda fountain, sandwich shop and the like.
- The paved surface provided for the exclusive use of pedestrians and situated between and extending from any building to the curb of any street (excluding therefrom any unpaved area).
- SIDEWALK CAFE or CAFE
- A "restaurant" (as defined herein) serving food to be consumed by the public at tables located within that more or less rectangular portion of the sidewalk which lies within the area bounded by the public street, the principal facade of the adjacent building and the imaginary perpendicular lines running from the outer edge of such principal facade to the public street.
The applicant shall file an application describing the layout plan and file the application in the Village Clerk's office. The layout plan is to include:
A description of the proposed design, dimensions, and location of the sidewalk cafe and all temporary structures, equipment and apparatus to be used in connection with its operation, including tables, chairs, planters, awnings, lighting and electrical outlets (if any).
A statement of seating capacity of the proposed sidewalk cafe and of the existing restaurant actually operated by the applicant in the adjacent building.
A diagram demonstrating that pedestrian traffic along the sidewalk upon which the sidewalk cafe is proposed to be located will in no way be impeded and that the provisions of § 255-9 shall be satisfied.
A description of the proposed location of the sidewalk cafe showing the actual dimensions of the area to be utilized and the building, street and sidewalk upon which it fronts and on which it is to be located, including the area of frontage and distance from the facade to the curb.
The layout plan shall be referred to the Building Inspector, who shall thereupon recommend approval, disapproval or modification of the layout plan. The Building Inspector may consult with the Superintendent of Public Works, the Planning Board Chairperson or other Village employees and consultants for their review and recommendations. The Building Inspector may demand additional proofs of compliance with § 255-9, including but not limited to an instrument survey of the layout plan area.
No sidewalk cafe license shall be issued unless the licensee shall have first filed with the Village Clerk a certificate of insurance, issued by a company duly authorized to transact business under the laws of the State of New York, providing for the payment of not less than $1,000,000 to satisfy all claims for damage by reason of bodily injuries to or the death of any person as a direct or indirect result of the operation of the sidewalk cafe or for injury to any person occurring on the premises occupied by such cafe, and further providing for the payment of not less than $10,000 to satisfy all claims for property damage occurring as a direct or indirect result of the operation of such cafe.
The insurance policy shall provide that the insurance company shall notify the Village of Spencerport 10 days prior to cancellation or substantial change in coverage.
No sidewalk cafe license shall be issued unless the licensee shall have first executed and filed with the Village Clerk an indemnification agreement pursuant to which the licensee, in further consideration of the issuance of the license, shall agree to forever defend, protect, indemnify and save harmless the Village of Spencerport, its officers, agents and employees from and against any and all claims, causes of action, injuries, losses, damages, expenses, fees and costs arising out of or which may arise out of the licensee's operation of such sidewalk cafe.
No sidewalk cafe license shall be issued unless the licensee shall have first executed and filed with the Village Clerk a maintenance agreement pursuant to which the licensee shall agree, at the option of the Village, to either repair at its sole cost and expense any damage caused to the sidewalk by the operation of the cafe or to reimburse the Village in full for all costs and expenses incurred by it in making any such repairs.
In addition, a refundable deposit, in an amount to be determined by resolution of the Board of Trustees, shall be retained by the Village until expiration of the permit as security for the faithful performance by the licensee of all the terms, agreements, covenants and conditions of the permit on the licensee's part to be done or performed. Upon the failure or default by the licensee of any of the terms, agreements and conditions of the permit on its part to be done or performed, said deposit may be used by the Village by reason of such failure or default on the part of the licensee and without prior notice thereof to the licensee, and said licensee shall have no claim against the Village for loss of anticipated profits or for any losses by reason thereof. Any balance left after the expense of such failure or default, as determined and certified by the Village Clerk, which has been paid and deducted from the amount of the deposit shall be refunded to the licensee. Any excess cost above the deposit shall be charged to the licensee.
The annual fee for a sidewalk cafe license shall be established by the Board of Trustees from time to time by resolution.
All sidewalk cafe licenses shall be issued for the six-month period commencing April 1 and ending October 31 of the particular year. Licenses may be renewed annually by the filing of an application in accordance with the provisions of this article.
A sidewalk cafe authorized and operating pursuant to this article shall comply with all of the following rules and regulations and such others as may be adopted from time to time by resolution of the Board of Trustees of the Village of Spencerport:
The cafe shall be operated and maintained in accordance with the layout plan as finally approved.
No furniture, apparatus, decoration or appurtenance used in connection with the operation of the sidewalk cafe shall be located in such a way as to impede the safe and speedy ingress and egress to or from any building or structure.
No furniture, apparatus, decoration or appurtenance used in connection with the operation of the sidewalk cafe shall be located in such a way that less than four feet of paved sidewalk remains for the exclusive use of pedestrians (the "required pedestrian passageway"), nor shall any such furniture, apparatus, decoration or appurtenance project or protrude into, on or above the required pedestrian passageway.
Service in the sidewalk cafe shall be provided by persons engaged or employed for that purpose and shall be furnished to seated patrons only.
The sidewalk area utilized for the cafe shall be kept clean and free of litter. Covered trash receptacles shall be provided as required and approved from time to time by the Village.
Noise shall be kept at such a level as to comply in all respects with the provisions of the Code of the Village of Spencerport.
The sidewalk cafe shall be permitted to operate only from 7:00 a.m. until 11:00 p.m. during the months of April to October, inclusive.
From November 1 to March 31, the operator shall have all furniture, apparatus, decoration and appurtenances and any other items used in connection with the operation of such sidewalk cafe removed from the sidewalk. All such materials shall be stored in a safe and secure interior location.
The sidewalk cafe shall be actually operated and maintained by the same person who operates and maintains the related restaurant of which the cafe is a part and an extension.
The operator shall comply with all other laws of the Village of Spencerport.
The sale of alcoholic beverages is not permitted in any cafe or sidewalk cafe located on a public sidewalk.
The Building Inspector shall enforce the provisions of this article.
Upon a determination by the Building Inspector that a licensee has violated one or more of such provisions, such officer or employee shall give written notice to the licensee to correct such violation within 24 hours of the receipt of such notice by the licensee. In the event that the licensee fails or refuses to correct such violation within such period, the licensee's sidewalk cafe license shall thereupon and automatically be revoked.
Upon the revocation of such license, the licensee, upon written request, shall be entitled to a hearing before the Board of Trustees of the Village of Spencerport within 14 days of the date of its request.
Any person convicted of a violation of any of the provisions of this article shall be subject to a fine not to exceed $250 or 15 days' imprisonment, or both. Each violation of a section or subsection of this article, and each day that a violation continued, shall constitute a separate offense.
Any provisions of Chapter 280, Streets and Sidewalks, of the Code of the Village of Spencerport which may conflict with the provisions of this article shall not apply in the operation of a sidewalk cafe.