No person shall engage in the selling or display for sale of
merchandise of any kind on, over or upon any sidewalk, or in the operation
of a sidewalk cafe, except upon the granting of a permit therefor
by the Village Board of Trustees pursuant to this article, and in
accordance with the terms and conditions of such permit.
For purposes of this article, 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.
The Village Board of Trustees is hereby authorized to grant
permits for the use of the sidewalk for the display for sale of flowers,
floral arrangements and ornamental shrubbery upon the following terms
and conditions:
A. The permit shall be valid only during a single calendar year and
shall permit the regulated activity only during the period from April
1 to September 30 of such year.
B. The permitted activity shall be conducted only as an accessory to
a business establishment lawfully operating on the first floor of
premises in the C-2 Zoning District, on the sidewalk in front of the
principal place of business of such establishment, and by the entity
which operates such establishment. All sales shall be conducted within
such establishment. No cash register or other facility for the exchange
of currency or otherwise receiving payment for goods and services
shall be permitted on the sidewalk.
C. The applicant shall have the consent of the owner and lessee, if
any, of the premises in front of which the permit activity is to be
conducted.
D. There shall be no less than eight feet from the curbline to the front
of the nearest structure.
[Amended 1-22-2013 by L.L. No. 1-2013]
E. No sidewalk display shall be nearer than seven feet to the curb;
except that if the sidewalk is 24 feet or more in width, then the
distance from the curb shall be not less than 1/3 of the width of
the sidewalk.
F. The applicant shall at all times maintain free and clear from all
obstruction an aisle not less than four feet in width providing access
to any establishment fronting on said sidewalk.
G. No permanent structure may be affixed to the sidewalk or any building.
The applicant shall be responsible for any damage caused to any sidewalk
or public property.
H. The sidewalk use shall not interfere with access to any public service
facility.
I. No outdoor lighting or live or mechanical music shall be permitted.
J. No sidewalk display shall be permitted after 9:00 p.m., or when the
entity with which it is associated is not open to the public.
K. The applicant shall agree, on a form approved by the Village Attorney,
to indemnify and save harmless the Village of Sleepy Hollow, its officers,
agents, attorneys and employees, from and against any claim of loss,
liability or damage by any person arising as a result of the applicant's
operation of the sidewalk use.
L. The applicant shall obtain, and maintain in full force and effect
throughout the terms of the permit, a policy of general liability
insurance. The applicant shall file with the Village Board of Trustees,
prior to the issuance of the permit, a certificate evidencing the
requisite insurance. The policy shall:
(1) Name
the Village of Sleepy Hollow, its officers, agents, attorneys and
employees as additional insured;
(2) Have
a combined single limit of not less than $1,000,000; and
(3) Contain
a provision prohibiting its cancellation except upon 20 days' notice
to the Village of Sleepy Hollow.
M. The applicant shall file with the Village Treasurer, prior to the issuance of the permit, a cash deposit in the amount of $500 as security for the faithful performance by the applicant of the terms and conditions of the permit. Said deposit shall be maintained by the Village Treasurer in a separate, interest-bearing account, for the benefit of the applicant, and shall be returned to the applicant with interest, but less any administrative sanctions imposed by the Village Board of Trustees pursuant to §
362-26 of this article, within 30 days of the revocation of the permit.
The Village Board of Trustees is hereby authorized to grant
permits for the use of the sidewalks for sidewalk cafes upon the following
terms and conditions:
A. The applicant shall comply with all of the terms and conditions for a sidewalk display permit set forth in §
362-20 above, except for that of §
362-20A.
[Amended 2-4-2020 by L.L. No. 2-2020]
(1) The
permit shall be valid only during a single calendar year and shall
permit the regulated activity only during the period from January
1 through December 31 of such year.
B. The applicant shall delineate the cafe area by a removable physical
barrier separating patrons from pedestrian traffic. The delineation
and layout of the cafe area shall be consistent with the site plan
submitted by the applicant.
C. No sidewalk cafe may be operated except:
(1) As
an accessory to a restaurant or retail food store lawfully operating
on the first floor of premises in the C-2 Zoning District;
(2) On
the sidewalk in front of the principal place of business of such entity;
and
(3) By
the entity which operates the restaurant or retail food store.
D. No sidewalk cafe shall operate after 12:00 midnight or when the entity
with which it is associated is not open to the public.
E. Furnishing of a sidewalk cafe shall consist solely of readily removable
umbrellas, covers, railings, tables, chairs, planters containing live
plants, waste receptacles and accessories. Furnishings may not be
attached, even in a temporary manner, to the sidewalk or other public
property, or to any building or structure. All furnishings shall be
removed from the sidewalk and stored in an approved manner when the
sidewalk cafe is not in operation.
F. All food and beverages to be served at sidewalk cafes shall be prepared
within the existing restaurant or retail food store.
G. The applicant 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 another law or regulation
for the serving of food or beverages, including alcoholic beverages,
at a sidewalk cafe.
H. Sidewalk cafes, the public property on which they are located, and
the surrounding area shall at all times be kept free and clear of
litter, debris, and any substance that may damage the sidewalk or
cause pedestrian injury.
I. The applicant shall maintain a sufficient number of receptacles for
the disposal of waste, properly covered to prevent infestation by
insects. Such receptacles shall be emptied as often as is necessary,
but in no event less than once per day.
J. There shall be no less than four feet from the curbline to the sidewalk
café.
[Added 1-22-2013 by L.L.
No. 1-2013]
[Amended 1-22-2013 by L.L. No. 1-2013]
Anything in this article to the contrary notwithstanding, the
Building Inspector may permit the selling and display for sale of
merchandise on, over or upon the sidewalk at any location within the
Village for a period not to exceed seven days in conjunction with
organized sidewalk sales days open to participation by all retail
merchants within the Village.
The Village Board of Trustees shall grant or deny an application
for a permit pursuant to this article within 90 days of its complete
submission.
[Amended 1-22-2013 by L.L. No. 1-2013]
Upon a finding by the Building Inspector that the applicant
has violated any provision of this article or the terms and conditions
of the permit, or has engaged in any practice in conjunction with
the regulated sidewalk activity which constitutes a danger to the
health or safety of any patron or pedestrian, the Building Inspector
shall give notice to the applicant to correct such violation or cease
such practice within 24 hours. If the applicant fails to comply with
such notice, the Building Inspector may suspend the permit for a period
not in excess of 30 days, during which time the applicant shall be
entitled to a hearing, at which the applicant may be represented by
counsel, to present evidence in his behalf and confront the evidence
against him. If, upon considering the evidence presented at the hearing,
the Building Inspector adheres to the finding, the Building Inspector
may reinstate the permit with additional conditions related to the
violation or improper practice which has been found, or revoke the
permit and forfeit the applicant's cash deposit. In addition
to, or in substitution for, the suspension or revocation of the permit,
the Building Inspector may impose an administrative sanction in an
amount determined by the Building Inspector to be the cost to the
Village of the applicant's failure to comply with the terms of
this article or the permit issued to the applicant pursuant hereto,
which such sanction shall be deducted by the Village Treasurer from
the applicant's cash deposit. The suspension, revocation or other
action taken pursuant to this section shall not relieve the applicant
or any other person from any liability which may be imposed pursuant
to other sections of the Village Code.
Neither the adoption of this article, nor the granting of any
permit pursuant hereto, shall be construed as a waiver of any right,
privilege or immunity of the Village of Sleepy Hollow concerning its
public easement over the streets and sidewalks, or of any requirement
of law concerning the liability of the Village of Sleepy Hollow with
respect to streets and sidewalks, whether express or implied.
This article shall take effect on March 31, 2003.