[Added 2-22-2005 by G.O. No. 1-2005[1]]
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:
The Commissioner of Police.
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.
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.
ENCLOSED SIDEWALK CAFEA sidewalk cafe is one that is constructed predominantly of light materials such as a glass, slow-burning plastic or lightweight metal.
UNENCLOSED SIDEWALK CAFEA space on the sidewalk which contains readily removable tables and chairs.
A.
Any person owning, leasing, managing or operating a store, cafe,
food sale establishment, restaurant or hotel upon property which abuts
upon any street within the City may maintain or operate upon the sidewalk
of such street in an area immediately adjacent to its premises a sidewalk
cafe, weather permitting, provided that such sidewalk cafe shall be
licensed by the Director.
[Amended 6-28-2016 by
G.O. No. 16-2016]
B.
The Director, consistent with this article and the applicable provisions
of the zoning ordinances,[1] shall establish such rules, regulations, terms and conditions
as the Director deems proper in respect to the granting and issuance
of such licenses, priorities or rights between applicants for a license
covering the same space, and operation (including hours of operation)
and maintenance of any sidewalk cafe, to ensure good order and to
prevent undue obstruction of the sidewalk, which shall have the force
and effect of law. A license to operate a sidewalk cafe shall be issued
pursuant of the provisions of this article.
C.
The license shall be personal to the applicant and may not be sold,
leased or transferred and shall be deemed revoked by the sale or transfer
of the lease or of title to the building or structure to which the
sidewalk cafe is related.
D.
All licenses shall be issued for one calendar year. There shall be
no credit or prorated fee for a shorter term.
[Amended 3-27-2012 by
G.O. No. 1-2012; 6-28-2016 by
G.O. No. 16-2016]
E.
Insurance requirements.
(1)
Every licensee must secure and maintain throughout the term of the
license liability insurance issued by a company duly authorized to
do business in the State of New York, insuring the licensee and the
City of Yonkers and to hold them harmless from and against any claim,
injury, or damage caused or alleged to be caused by or as a result
of the construction, operation or use of the sidewalk cafe and any
structure hereby authorized in the following minimum amounts:
(a)
For bodily injury, including death, in the minimum amount of
$100,000 for any one person and the minimum amount of $300,000 for
any one accident; and
(b)
For property damage in the minimum amount of $25,000. Failure
to maintain insurance coverage in the foregoing amounts shall cause
the immediate revocation of the license.
(2)
The license to operate a sidewalk cafe shall be immediately revoked
if the holder of such license fails to maintain the insurance coverage
required pursuant to this subsection of the section, except that such
license may be reinstated if such holder presents proof satisfactory
to the Director that the required insurance coverage is in full force
and effect.
(3)
Prior to the issuance of the license, there shall be an agreement
executed by the owner and tenant to defend and save harmless the City,
its officers and employees against any loss, liability or damages
sustained by any person or to any property as a result of the operation
of the cafe, together with a certificate of insurance issued to both
the owner and tenant as insured and naming the City, its officers,
and employees as additional insureds, in the minimum amount of $1,000,000
single-limit general liability coverage approved by the Corporation
Counsel.
(4)
The City of Yonkers shall be informed at least 30 days prior to any
cancellation or nonrenewal of insurance.
F.
The provisions of this article shall not apply to the licensing of
any restaurant located in any City park or parklands.
A.
The fee for a license or a renewal of a license to maintain and operate a sidewalk cafe shall be $5 per square footage of public property used, as shown on the plan required under § 23-32 of this chapter.
[Amended 6-26-2012 by G.O. No. 6-2012; 6-1-2017 by G.O. No. 8-2017]
B.
Processing fee for sidewalk cafe. A partial fee of $50 shall be paid
upon filing of an application for a sidewalk cafe license in order
to defray the cost of processing the application, and it shall not
be refundable. This processing fee shall be applied against the fee
to be paid for issuance of said license as provided herein.
C.
The applicant shall pay a fee of $50 to the Engineering Department
at the time of each application for inspection or reinspection.
[Amended 3-27-2012 by G.O. No. 1-2012]
A.
Licensing requirements.
(1)
An application for a new license or for a renewal, modification or
assignment thereof shall be made on a form obtained from the Office
of Licensing.
[Amended 7-18-1996 by L.L. No. 5-1996]
(2)
Before a license will be issued the licensee must provide a copy
of the certificate of occupancy for the establishment.
(3)
Business certificates. Petitioners for a new license must submit
a copy of any applicable business certificate that establishes the
identity of the petitioner, e.g., certificates of incorporation, partnership
certificate.
(4)
A copy of the current permit issued for the existing establishment
by the Westchester Health Department is required.
(5)
No license will be issued unless there are proper decals displayed
indicating the carting company used and that there are proper receptacles
for garbage and recyclables and their location in respect to the sidewalk
cafe.
(6)
No license authorized in this article shall be issued or renewed
unless the Engineering Department inspects the premises and certifies
that the premises complies with the codes of New York State and the
City of Yonkers. There will be a review of the application by the
Engineering Department, Fire Department, Police Department and Code
Enforcement.
[Amended 3-27-2012 by G.O. No. 1-2012]
B.
Plan requirements:
(1)
A plot plan, to scale, locating the site to be occupied by the sidewalk
cafe; and a building section drawing showing the orientation of the
sidewalk cafe to the adjacent buildings.
(2)
Photographs keyed to the plans and showing one frontal, one left
and one right side view of the proposed sidewalk cafe.
(3)
Floor plan.
(a)
A floor plan diagram indicating the total square footage of
public property used for the sidewalk cafe area; the location of all
tables and chairs; pedestrian and cafe areas; width and length of
cafe area; total width and length of sidewalk area; fire escape drop
ladder and all permanent street obstructions between cafe area and
curbline, such as:
(b)
The floor plan diagram must be conspicuously displayed within
the sidewalk cafe area at all times in which the sidewalk cafe is
in operation.
C.
Sidewalk clearance standards.
(1)
Sidewalks fronting the entire property must be in good condition,
without violations or illegal encroachments.
(2)
No permanent structures may be affixed to the sidewalk area used
for the cafe, and the area may only be occupied by chairs, tables,
benches, umbrellas and planters for the convenience of the patrons.
However, the sidewalk area used for the enclosed cafe must be marked
off and the boundaries of the approved areas clearly delineated by
railings, ropes, plants or similar enclosures.
(3)
Sidewalk clearances must always be sufficient to ensure a pedestrian
path free of obstructions. There must be a minimum clearance of four
feet from the curb to the sidewalk area used for the cafe.
(4)
No structure or enclosure to accommodate the storage of accumulated
garbage may be erected or placed adjacent to or separate from the
sidewalk cafe on public property.
(5)
Compliance with this subsection is to be determined by the application
of the reasonable discretion of the Director.
D.
Accompanying requirements. Every application for a license must be
accompanied by the following:
(1)
The written, signed and notarized consent of the owner of the property
in front of which a sidewalk cafe is to be operated.
(3)
The original copy of the liability insurance policy maintained pursuant to the provisions of § 23-30E.
(4)
A copy of the current permit issued by the Health Department.
(5)
In order to add more tables to an existing cafe a licensee must file
an amended application with appropriate diagrams and secure an amended
license. The total occupancy of the restaurant or other food establishment
must remain the same.
A.
No sidewalk cafe shall operate when the entity with which it is associated
is not open to the public.
B.
The sidewalk cafe license and floor plan must be readily available
at all times for inspection upon the request of any officer or employee
of the City of Yonkers charged with enforcing this article.
C.
Unless otherwise granted by the Zoning Board, the sidewalk cafe can
be opened for business between the hours of 10:00 a.m. until 10:00
p.m. on Thursday and Sunday, and 10:00 a.m. until 12:00 midnight on
Friday and Saturday.
D.
The fixtures and appurtenances of a sidewalk cafe shall be totally
removed from and not obstruct the sidewalk during the period of the
year when the sidewalk cafe ceases to operate actively and continually.
E.
Every licensee shall be held strictly accountable for the maintenance
of good order in the sidewalk cafe and proper conduct of his or her
patrons. No loud or unnecessary noises may emanate from the sidewalk
cafe.
F.
No beer, alcoholic or spirituous liquors shall be served on the sidewalk
cafe premises or at any table thereon, unless permitted under a license
issued by the New York State Liquor Authority.
G.
At no time may the prices charged for food or drinks in the sidewalk
cafe be higher than in any other portion of the establishment, nor
may a special or additional charge be levied for seating in the sidewalk
cafe.
H.
The drinking of alcoholic beverages by a member of the public while a patron on the sidewalk cafe within the confines of the sidewalk cafe area shall not be construed as a violation of any local law or ordinance prohibiting the consumption of alcoholic beverages in a public place or area. However, there shall be no drinking or serving of alcoholic beverages at an unenclosed sidewalk cafe, and any person who is in possession of an alcoholic container or beverage outside of the delineated boundary marking the approved sidewalk cafe area as described in § 23-32C shall be subject to all applicable state and local laws regarding the possession of such alcoholic beverages or containers.
I.
Sidewalk cafes and the sidewalk area on which they are located shall
be kept neat and clean at all times and free from litter, debris and
any substance which might damage the sidewalk or cause injury to pedestrians.
[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.
