[HISTORY: Adopted by the City Council of the City of Newburgh 5-10-2010 by Ord. No. 6-2010. Amendments noted where applicable.]
Notwithstanding any inconsistent provision contained in Chapter 263, Streets and Sidewalks, sidewalk cafes for the sale to the public of food and beverages, and for no other purpose, shall be permitted, provided that a permit is obtained therefor from the Fire Chief.
[Amended 6-22-2020 by Ord. No. 7-2020; 10-26-2020 by Ord. No. 9-2020]
Any person, firm or corporation desiring a permit shall make application to the Fire Chief on forms provided therefor. The form shall require a written, signed, and notarized statement of all owner(s) of the property and applicant(s) related to the proposed sidewalk cafe operation that consents to the submission of the application, releases the City of Newburgh and its officers, employees and agents from and against any and all claims, actions, losses, liability or damages of any kind arising out of or resulting from or caused by the license granted pursuant to this chapter, and indemnifies, defends, and holds harmless the City of Newburgh and its employees and agents from the same. The applicant shall also submit a site plan of the proposed area to the Fire Chief.
A permit for a sidewalk cafe may only be issued to the owner or the tenant of a building occupied and used for the sale of cooked and prepared food, except fast-food restaurants, in a zoned district permitting such use and abutting the public sidewalk adjacent thereto, provided that the following requirements are met:
The sidewalk abutting the property, from the property line to the curbline, must not be less than 10 feet in width.
The area to be used for the sidewalk cafe must not encroach onto the sidewalk more than 10 feet from the property line abutting the sidewalk and must not extend beyond the extension of the side property lines onto the sidewalk.
No permanent structures may be affixed to the sidewalk area used for the cafe or affixed to the building abutting the area for purposes of the cafe, and the area may be occupied only by chairs, tables, benches, umbrellas, movable railings, and planters for the convenience of the patrons to be served in such area. Movable railings or planters shall be so arranged as to enclose the dining area, and the sidewalk shall be inconspicuously marked to delineate the approved position of such barriers.
A clear, unoccupied space must be provided, not less than three feet in width, from all entrances of the building abutting the sidewalk to the unoccupied portion of the public sidewalk.
Neither outdoor lighting nor live or mechanical music may be used on or for the cafe area, except that in such cases where streetlighting is insufficient to so illuminate the dining area so that a hazard to those traveling the sidewalk may be created, the Fire Chief shall direct and the applicant shall provide such lighting for nighttime hours as the Fire Chief shall require.
General comprehensive liability insurance naming the applicant and the City of Newburgh, its officers, agents and employees as named insureds must be provided, with limits of $25,000/$50,000 for property damage and $1,000,000/$2,000,000 for personal injury, effective for the duration of the permit.
Permits may be issued only during the period from May 15 to October 31 and shall be for such duration, within the time provided herein, as the applicant may request.
There shall be a minimum clear distance of five feet, exclusive of the area occupied by the sidewalk cafe, free of all obstructions, such as trees, parking meters, utility poles, streetlights, benches, planters, and movable railings in order to allow for adequate and safe pedestrian movement.
All sidewalk cafes shall cease operations by 10:00 p.m. Sunday through Thursday and 11:00 p.m. Friday and Saturday.
All alcoholic beverages to be served at sidewalk cafes shall be prepared within the existing restaurant and shall only be served to patrons while seated at tables. The drinking of alcoholic beverages by a member of the public while a patron of the sidewalk cafe within the confines of the sidewalk cafe area shall not be construed to be a violation of any local law prohibiting the consumption of alcoholic beverages in a public place or area. The operator of a sidewalk cafe should be in full compliance with the licensing requirements of the State Liquor Authority, as the same may exist, and shall comply with all other laws and regulations concerning the sale of alcoholic beverages in the state. In the event that said sidewalk cafe is not in full compliance with State Liquor Authority laws, rules and regulations concerning the sale of alcoholic beverages, then serving alcoholic beverages in the sidewalk cafe area shall be prohibited.
The restaurant shall not serve food or beverages to a patron at a sidewalk cafe unless that patron is seated at a table.
Sidewalk cafes and the public property on which they are located shall be kept neat and clean at all times and free from any substance which might damage the sidewalk or cause injury to pedestrians.
The fee for each permit shall be as set forth in Chapter 163, Fees, payable upon the issuance of the permit.
The sum of $100 shall be deposited, upon the issuance of the permit, to guarantee compliance with the terms of this chapter and the removal of such items as may be placed upon the public sidewalk upon the expiration date of the permit. In the event that the permittee should violate any of the provisions of this chapter, the Fire Chief may terminate the permit, after five days' notice in writing by certified mail, return receipt requested, mailed to the address shown in the application, effective on the date of mailing, with an opportunity to the permittee for a hearing and upon a finding by the Commissioner of such violation, or upon the default of the permittee to appear for the hearing at the time and date specified in such notice.
In the event that the permittee should fail to remove all items placed upon the public sidewalk, upon the expiration of the permit by lapse of time, or for violation of this chapter, the Fire Chief may have such items removed, forfeit the deposit for the cost and charge the permittee for any excess cost above the deposit, together with the cost for storage of such items until removed by the permittee from storage. In the event that the permittee should fail to pay the cost of storage and any excess cost of removal within 90 days after storage, the Fire Chief may sell the items at public auction, reimburse the City for all costs and, if any surplus moneys remain, pay them over to the permittee.
An offense against the provisions of this chapter shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.
[Added 6-22-2020 by Ord. No. 7-2020; amended 10-26-2020 by Ord. No. 9-2020]
An applicant for a sidewalk cafe permit may apply to extend the sale of food and beverages as authorized in this chapter within certain designated public parking areas on a temporary basis, as provided herein.
No designated public parking area may be wider than the side property lines. The dimensions of the designated public parking area shall be determined by the Fire Chief, based on safety and traffic considerations near the proposed space.
The applicant may not place or erect any structures or enclosures that accommodate the storage of accumulated garbage in the designated public parking area or any areas adjacent to it. No application may interfere with any public service facility, including but not limited to, bus stops, lampposts, lighting fixtures, mailboxes, public benches, or telephone booths located on the sidewalk.
The applicant shall comply with all other provisions of this chapter.
In addition to the application and site plan of the proposed area, the applicant shall also provide additional information as required by the Fire Chief or the Police Chief as deemed necessary to protect the safety and welfare of pedestrians and patrons, including but not limited to:
A map showing the design and location of all structures within the designated public parking area, such as security barriers, planters, landscaping, tables, chairs, and umbrellas;
The number of proposed tables;
The linear square footage of the proposed space;
Compliance with all requirements of the Americans with Disabilities Act;
Compliance with COVID-19 social distancing guidance issued by either New York State, including but not limited to any agencies thereof, or the Orange County Department of Health;
Sufficient barriers, such as planters or railings, that physically separate patrons from both pedestrian and vehicular traffic;
Location of signage indicating that food and/or beverages can only be consumed while seated at a table, bar, counter; proof of submission of compliance with the New York State Food Service Guidelines for Employers and Employees, Interim Guidance for Outdoor and Take Out-Delivery Food Services During the COVID-19 Public Health Emergency, and Interim Guidance for Food Services During the COVID-19 Public Health Emergency.
Upon meeting the requirements of § 249-9C, the Fire Chief shall approve the application. The Fire Chief shall then forward the application to the City Manager, with a copy of the application and the map of the designated parking area. The City Manager is authorized by § 288-3 to suspend parking in the proposed designated parking area up to and including November 30, 2020.
The Fire Chief may deny the application and state the reasons for the denial in a letter to the applicant. The applicant may appeal the denial to the City Manager.
The Fire Chief shall have authority to execute any forms prescribed by the New York State Liquor Authority ("SLA") granting jurisdiction to the SLA to monitor the conduct of the applicant in any sidewalk cafe and designated parking areas.
There shall be no fee for a permit pursuant to this chapter for the year 2020.
This Section 249-9, and any authority granted pursuant thereto, shall automatically expire on November 30, 2020, or when terminated earlier by state action.
Any permits previously issued pursuant to Ordinance No. 7-2020 of June 22, 2020, shall be automatically extended and now expire on November 30, 2020.