[HISTORY: Adopted by the Board of Trustees of the Village of Westhampton Beach 4-6-2006 by L.L. No. 1-2006; amended in its entirety 9-6-2012 by L.L. No. 7-2012.[1] Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 54.
Noise — See Ch. 110.
Zoning — See Ch. 197.
[1]
Editor's Note: This local law also amended the title of this chapter, which was formerly Outdoor Dining and Music.
A. 
Outdoor dining shall be prohibited unless there is a valid permit in effect issued pursuant to the provisions of this chapter.
B. 
The issuance of the permit shall be subject to the following conditions:
(1) 
A permit may only be issued for property used and operated as a standard restaurant, luncheonette, coffee shop, coffee house or tea house as defined in the Zoning Code.[1]
[1]
Editor's Note: See Ch. 197, Zoning.
(2) 
The property must be located within the B-1, B-2, B-3 and HC Zoning Districts.
(3) 
The outdoor dining area shall be located on the restaurant property and/ or within the Village right- of-way as provided by and subject to the conditions of § 196-4.1.
[Amended 1-5-2023 by L.L. No. 2-2023]
(4) 
The outdoor dining area must be shown on a plan that is submitted with the application.
(5) 
Only movable tables, chairs and service counters may be permitted in the outdoor dining area. A service bar or other similar structure shall be prohibited.
(6) 
All garbage and other refuse must be adequately provided for.
(7) 
No garbage or trash shall be allowed to accumulate in the area of the outdoor dining or any area adjacent thereto.
(8) 
The outdoor dining area will not interfere with or prevent the orderly and reasonable use of adjacent properties.
(9) 
The outdoor dining area will not impair the peace and comfort of adjacent properties.
(10) 
Outdoor dining shall be permitted during the period of April 15 to November 15 of each year, and all equipment used for outdoor dining shall be removed by November 20 of each year. The Board has the authority to extend this outdoor dining period up to 10 months for those permit holders that the Board determines such extension will not impact snow removal or other safety concerns.
[Amended 2-20-2019 by L.L. No. 2-2019]
(11) 
Umbrellas, awnings or other similar shading devices shall be permitted with or without advertising.
(12) 
Waiter or waitress service may be, but does not have to be, provided.
(13) 
If a violation is noted by the Police Department or Highway Department, they shall send a report to the Village Clerk indicating the date, time and location of said violation. The Village Clerk shall send notice to the property owner and tenant informing them of the alleged violation. Notice of a second violation to the property owner and tenant will cause the property owner and/or tenant to appear before the Board of Trustees and may result in revocation of the outdoor dining permit. The property owner and/or tenant may provide testimony as to why a permit shall not be revoked. Failure to appear before the Board of Trustees shall result in permit revocation.
(14) 
The maximum number of chairs permitted in the B-2 and B-3 Zoning Districts shall be limited to 12 unless the restaurant property has sufficient parking as is set forth in the Zoning Code[2] to allow more for more than 12 chairs.
[Added 8-1-2013 by L.L. No. 5-2013]
[2]
Editor’s Note: See Ch. 197, Zoning.
(15) 
The maximum number of chairs permitted in any zoning district shall not exceed 28.
[Added 8-1-2013 by L.L. No. 5-2013]
A. 
Outdoor tables, chairs and benches shall be prohibited unless there is a valid permit in effect issued pursuant to the provisions of this chapter.
B. 
The issuance of the permit shall be subject to the following conditions:
(1) 
A permit may only be issued for property that is not used and operated as a standard restaurant, luncheonette, coffee shop, coffee house or tea house as defined in the Zoning Code.[1]
[1]
Editor's Note: See Ch. 197, Zoning.
(2) 
The property must be located within the B-1, B-2, B-3 and HC Zoning Districts.
(3) 
The outdoor tables, chairs and benches shall be located on the establishment's property and/ or within the Village right- of-way as provided by and subject to the conditions of § 196-4.1.
[Amended 1-5-2023 by L.L. No. 2-2023]
(4) 
The location of the outdoor tables, chairs and benches must be shown on a plan that is submitted with the application.
(5) 
Only movable tables, chairs and service counters may be permitted in the outdoor seating area. A service bar or other similar structure shall be prohibited.
(6) 
All garbage and other refuse must be adequately provided for.
(7) 
No garbage or trash shall be allowed to accumulate in the area of the outdoor seating or any area adjacent thereto.
(8) 
The outdoor tables, chairs and benches area will not interfere with or prevent the orderly and reasonable use of adjacent properties.
(9) 
The outdoor tables, chairs and benches will not impair the peace and comfort of adjacent properties.
(10) 
Outdoor tables, chairs and benches shall be permitted during the period of April 15 to November 15 of each year, and all equipment used for outdoor dining shall be removed by November 20 of each year. The Board has the authority to extend this outdoor dining period up to 10 months for those permit holders that the Board determines such extension will not impact snow removal or other safety concerns.
[Amended 2-20-2019 by L.L. No. 2-2019]
(11) 
Umbrellas, awnings or other similar shading devices shall be permitted with or without advertising.
(12) 
There can be no waiter, waitress or table service by employees to any person occupying any table, chair or bench.
(13) 
If a violation is noted by the Police Department or Highway Department, they shall send a report to the Village Clerk indicating the date, time and location of said violation. The Village Clerk shall send notice to the property owner and tenant informing them of the alleged violation. Notice of a second violation to the property owner and tenant will cause the property owner and/or tenant to appear before the Board of Trustees and may result in revocation of the outdoor tables, chairs and benches permit. The property owner and/or tenant may provide testimony as to why a permit shall not be revoked. Failure to appear before the Board of Trustees shall result in permit revocation.
A. 
Outdoor music shall be prohibited unless there is a valid permit in effect issued pursuant to the provisions of this chapter.
B. 
The issuance of the permit shall be subject to the following conditions.
(1) 
Outdoor music shall only be allowed in the B-1 Zoning District.
(2) 
The outdoor music shall be located on private property.
(3) 
The area of the outdoor music must be shown on a plan that is submitted with the application.
(4) 
The application for the outdoor music shall be made by the owner or tenant of the property.
(5) 
Only live vocal, musical instruments or karaoke music shall be permitted.
(6) 
Outdoor music shall be permitted during the period of May 1 to October 31 of each year.
(7) 
The public sidewalk shall not be obstructed to the extent that it prevents the reasonable movement of pedestrian traffic on the public sidewalk.
(8) 
No garbage or trash shall be allowed to accumulate in the area of the outdoor music or any area adjacent thereto.
(9) 
Any amplification shall be limited to the music being played, and all amplification shall not be directed onto adjacent properties. The volume of the amplification shall not be so excessive as to annoy or disturb a reasonable person of normal auditory sensitivities. If the amplification is noted to be excessive by the Police Department or the Highway Department, the applicant or agent shall be immediately directed to reduce the amplification and upon failure to comply, the applicant will be in violation of this chapter.
(10) 
If a violation is noted by the Police Department or Highway Department, they shall send a report to the Village Clerk indicating the date, time and location of said violation. The Village Clerk shall send notice to the property owner and tenant informing them of the alleged violation. Notice of a second violation to the property owner and tenant will cause the property owner and/or tenant to appear before the Board of Trustees and may result in revocation of the outdoor music permit. The property owner and/or tenant may provide testimony as to why a permit shall not be revoked. Failure to appear before the Board of Trustees shall result in permit revocation.
The Board of Trustees may issue a permit subject to the following:
A. 
An application for a permit shall be filed yearly with the Board of Trustees. The deadline for application is February 1. Application submission after this date cannot guarantee permit issuance by start of the season.
B. 
A permit shall only be issued to the landlord or tenant of the property.
C. 
A permit for outdoor dining or outdoor tables, chairs and benches shall be effective for the period of April 15 to November 15 of each year, and a permit for outdoor music shall be effective for the period of May 1 to October 31 of each year. The Board has the authority to extend this outdoor dining period up to 10 months for those permit holders that the Board determines such extension will not impact snow removal or other safety concerns.
[Amended 1-5-2023 by L.L. No. 2-2023]
D. 
A public hearing on the initial special exception application shall be held by the Board of Trustees.
E. 
The Board of Trustees may waive the requirement for a public hearing on the renewal of the permit, provided that the renewal application is the same as the original application. If the renewal application contains any minor changes, the Board of Trustees may waive the requirement for a public hearing.
F. 
Before acting on any application, including any renewal, the Board of Trustees shall receive and review a report and recommendation submitted by the Building and Zoning Department and the Police Department. The Board of Trustees may also request additional information from the Village Engineer or any other consultant or professional, and if the Board of Trustees requests such additional information, the cost thereof shall be paid by the applicant prior to any determination by the Board of Trustees.
[Amended 8-3-2023 by L.L. No. 7-2023]
G. 
Separate permits shall be issued for outdoor dining and for outdoor music.
H. 
It shall be the obligation of the holder of the permit to ensure that the conditions set forth in §§ 196-1, 196-2, 196-3, and 196-4.1 are complied with.
[Amended 1-5-2023 by L.L. No. 2-2023]
I. 
In the issuance of a permit for music pursuant to § 196-3, the Board of Trustees may impose conditions, including but not limited to the following:
(1) 
The period or periods that the permit is in effect;
(2) 
The cancellation of a permit for any period or periods if the Board of Trustees determines that it is in conflict with another permit or permits that have been issued based upon noise, interference with the flow of pedestrian traffic on the sidewalk, or litter.
J. 
The Board of Trustees may deny the renewal of any permit based upon any violations occurring in the prior year.
K. 
The filing fee for the permit shall be determined from time to time by resolution of the Board of Trustees.
[Added 1-5-2023 by L.L. No. 2-2023]
Notwithstanding any other section of this Village Code, and at the discretion of the Board of Trustees, a temporary permit may be issued to use the Village's right-of-way (sidewalk) for outdoor dining tables, chairs and benches, as part of temporary permits provided by § 196-1 or 196-2 and subject to requirements therein, provided that:
A. 
As part of any approval granted under this section, to ensure public safety and the maintenance of the character and value of property in the neighborhood, the Board of Trustees shall consider and may impose any special requirements for the control of traffic, noise, lighting, littering or hours of operation which are found necessary for the protection of surrounding properties.
B. 
This permit allows outdoor dining only on the Village of Westhampton Beach's right-of-way (sidewalk), and tables, chairs and benches must not obstruct a five-foot-wide section of concrete sidewalk for walkable passage. Permeable pavers or landscaped areas shall not be included in this required passable area.
C. 
A plan must be submitted along with the application that demonstrates conformance with all applicable provisions of this section and which must be approved by the Board of Trustees and adhered to by the applicant in compliance with the issued permit.
D. 
The applicant for the permit shall submit a certificate of insurance, along with the application, naming the Village of Westhampton Beach as an additional named insured. A certificate of insurance evidencing such coverage and providing proof that the Village of Westhampton Beach is an additional insured shall be provided by the applicant to the Village Clerk before the granting of the requested permit. Said coverage shall remain in full force and effect for the term of the permit.
E. 
As a condition of the granting of the temporary outdoor dining permit, the applicant agrees to indemnify and hold the Village of Westhampton Beach, its agents, servants and/or employees harmless from and against all claims, including reasonable attorney fees and liability for property damage and/or personal injury, including death, arising out of or in connection with the applicant' s use and occupancy of the Village's right-of-way as contemplated by the permit herein described.
F. 
The applicant will procure any necessary approvals from agencies having jurisdiction, including the Suffolk County Department of Health Services and New York State Liquor Authority, and provide proof of necessary approvals to the Village Clerk.
G. 
The applicant shall not install any permanent obstructions or barriers on the Village's right-of-way.
H. 
Garbage receptacles must be provided and maintained by the business operator and areas kept clean of refuse.
I. 
Umbrellas and moveable shades or barriers may be permitted, subject to discretion of the Board of Trustees. Awnings, retractable or otherwise, are not permitted to extend onto the Village's right-of-way.
J. 
Furnishings should feature no more than three different colors, which shall be complementary and muted.
K. 
Tables, chairs, benches, umbrellas, temporary barriers and garbage receptacles must be completely removed from the Village s right-of-way when the business is not in operation and/or when the temporary permit is no longer in effect.
L. 
Temporary heating implements, if utilized, must be operated, maintained, and stored in accordance with the manufacturer's specifications and the applicable provisions of the Fire Code.[1] The Fire Marshal shall be authorized to limit, modify and/or prohibit the use of such devices.
[1]
Editor's Note: See Ch. 70, Building Construction and Fire Prevention, Art. III.
M. 
Three occurrences of any one or a combination of the following: rowdy behavior, blocking the passage of pedestrians, or accumulation of refuse/litter, as observed and cited by Village personnel, shall be cause for revocation of the permit.
Each violation of the provisions of this chapter shall constitute a separate offense punishable by a fine not to exceed $500 for the first offense and $1,000 for each subsequent offense. Each day the violation continues shall constitute a separate offense.