The sidewalk cafe regulations as established in this article
are intended to allow sidewalk cafes on public property in locations
in the City of Yonkers where they are determined to be appropriate
and to promote and protect the public health, safety and general welfare.
These general goals include and are not limited to, among other purposes,
providing adequate space for pedestrians on the sidewalk adjacent
to sidewalk cafes to ensure access to adjacent commercial and retail
uses and promoting sidewalk cafes as useful and properly planned visual
amenities that will attract business to the City and encouraging the
most desirable use of land and buildings in the City of Yonkers.
As used in this article, the following terms shall have the
meanings indicated:
DIRECTOR
The Director of the Office of Licensing, who is also referred to as the "Consumer Protection Officer" in Article
III A of the Charter, and shall include the designee of the Director, unless otherwise provided.
SIDEWALK CAFE
A portion of an eating or drinking place located on a public
sidewalk that is either an enclosed or an unenclosed sidewalk cafe.
The sidewalk cafe may provide waiter or waitress service and contain
readily removable tables, chairs, and railings and may contain planters.
It is otherwise unenclosed by fixed walls and open to the air, except
that it may have a retractable awning or umbrella. A public sidewalk
is public through declaration, easement or public right-of-way.
A.
ENCLOSED SIDEWALK CAFEA sidewalk cafe is one that is constructed predominantly of light materials such as a glass, slow-burning plastic or lightweight metal.
[Amended 7-18-1996 by L.L. No. 5-1996; 3-27-2012 by G.O. No. 1-2012]
Any license issued can be severed or revoked at any time at
the discretion of the Director of the Office of Licensing, Engineering
Department and/or the Police Department.
Persons found guilty of a violation of this article shall be
guilty of a Class II offense.
If any provision or portion of a provision of this article is
held to be unconstitutional, preempted by federal or state law or
otherwise invalid by any court of competent jurisdiction, the remaining
provisions of the article shall not be invalidated.