[HISTORY: Adopted by the Common Council of the City of Kingston 10-2-2012, approved 10-3-2012; amended in its entirety 6-6-2017, approved 6-8-2017. Subsequent amendments noted where applicable.]
Alcoholic beverages — See Ch. 145.
Editor's Note: This chapter was originally adopted as Ch. 366 but was renumbered in order to retain the alphabetical organization of the Code.
The sidewalk cafe/outdoor seating regulations as established in this chapter are designed to allow sidewalk cafes/outdoor seating on private and public property in locations where they are determined to be appropriate by the City and to promote and protect the public health, safety, general welfare and amenity. These general goals include, among others, the following specific purposes:
To provide adequate space for pedestrians on the sidewalk adjacent to the sidewalk cafes, and to insure access to adjacent commercial and retail uses.
To promote sidewalk cafes/outdoor seating as useful and properly planned visual amenities which better relate to the streetscape.
To promote the desirable use of land and buildings and thereby protect the City's tax revenue.
As used in this chapter, the following terms shall have the meanings indicated:
- SIDEWALK CAFE
- An outdoor dining area, located on a private or public property, which is public through dedication or easement, or public right-of-way that provides waiter or waitress service and contains readily removable tables, chairs, 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 umbrellas, or other nonpermanent covers.
No sidewalk cafe/outdoor seating shall operate in the City of Kingston without a license issued in accordance with this chapter.
The City of Kingston Fire Department is authorized to issue a license to operate a sidewalk cafe/outdoor seating on private property or on public property, provided that the standards set forth in this chapter and all requirements of the Americans with Disabilities Act guidelines have been complied with by the occupant.
Editor's Note: See 42 U.S.C. § 12101 et seq.
A license to operate a sidewalk cafe/outdoor seating shall be issued only to the owner of the business which operates the proposed cafe. Sidewalk cafe/outdoor seating licenses are nontransferable. In the event of a change in ownership of a business which operates a sidewalk cafe/outdoor seating, a new license must be obtained prior to continued operation of the sidewalk cafe. Licenses to operate sidewalk cafes/outdoor seating shall be for a renewable term of two years.
Prior to the issuance of a license to operate a sidewalk cafe/outdoor seating, the applicant shall file, with the Chief of the City of Kingston Fire Department, an agreement to indemnify and hold harmless the City of Kingston, its officers and employees against any loss or liability or damage, including expenses and costs for bodily injury, and for property damage sustained by any person as a result of the applicant's operation of a sidewalk cafe/outdoor seating.
Prior to the issuance of a license to operate a sidewalk cafe/outdoor seating, the applicant shall also file with the Chief of the Kingston Fire Department a certificate of insurance demonstrating that the applicant has a satisfactory amount of public liability, property and workers' compensation insurance as set forth in Schedule A and naming the City as coinsured for such insurance covering the operation of a sidewalk cafe/outdoor seating. Schedule A is on file in the City Clerk's office.
The operator of a sidewalk cafe/outdoor seating must provide proof of insurance set forth in Subsection F to the Chief of the Kingston Fire Department on or before January 1 of each calendar year.
The operator of a sidewalk cafe/outdoor seating must submit a site plan to the Chief of the Kingston Fire Department, on a form developed by the Chief of the Kingston Fire Department and the City Planning Department. The operator must provide such information as requested by the Chief of the Kingston Fire Department, including but not limited to the number of proposed tables, the linear square footage of the proposed outdoor cafe and a map showing the design and location of all temporary structures such as retractable awnings, planters, landscaping, tables, chairs, umbrellas and other equipment, as well as lighting and electrical outlet locations. The owner must also indicate whether alcoholic beverages will be prepared and/or served within the proposed sidewalk cafe.
In the event that the sidewalk cafe/outdoor seating will be operating in a rental space, the operator must submit with the site plan a written consent from the owner of the property.
If the Chief of the Kingston Fire Department disapproves the site development plan or determines not to issue the license, he shall state his reason for his determination in a letter to the applicant. The applicant may then petition the Common Council to be heard.
Sidewalk cafe/outdoor seating shall close operation by 12:30 a.m. on Monday through Thursday mornings and by 2:00 a.m. on Friday, Saturday and Sunday mornings. Notwithstanding the above, hours of operation of a sidewalk cafe permit may be restricted as necessary by the Chief of the Kingston Fire Department.
License to operate sidewalk cafes shall not be granted absent proof that the operator has set aside a minimum of 48 inches of clear distances, exclusive of the area occupied by the sidewalk cafe, free of all obstructions (such as trees, parking meters, utility poles, etc.) in order to allow adequate pedestrian and/or wheelchair movement.
The applicant shall be responsible for delineating the cafe/outdoor seating area by setting up a barrier such as planters or a railing to physically separate patrons from pedestrian traffic.
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.
A sidewalk cafe/outdoor seating shall not interfere with any public service facility, including, but not limited to, bus stops, lampposts, lighting fixtures, mailboxes, public benches, or telephones located on the sidewalk.
Furnishings of all sidewalk cafes/outdoor seating shall be readily removable, including but not limited to all lights, tables, railings, heaters and umbrellas. Furnishings may not be attached to the sidewalk or to any other public property, either in a permanent or temporary manner.
Operation of a sidewalk cafe/outdoor seating shall not adversely impact on adjacent or nearby residential, religious, educational or commercial properties, and shall be in accordance with all applicable codes and regulations.
All electrical wiring and fixtures associated with or part of the sidewalk cafe/outdoor seating shall be installed by a licensed electrician and shall be in conformance with all applicable City ordinances.
Sidewalk cafes/outdoor seating and the public property on which they are located shall be kept neat and clean at all times and free from any substance that may damage the sidewalk or cause pedestrian injury.
The drinking of alcoholic beverages by a member of the public while a patron at a sidewalk cafe/outdoor seating, within the confines of the sidewalk cafe/outdoor seating area, shall not be construed as a violation of any ordinance controlling open containers in a public area. The operator of the sidewalk cafe/outdoor seating shall take whatever steps are necessary to procure the appropriate license from the State Liquor Authority if he intends to serve alcoholic beverages in the sidewalk cafe/outdoor seating area and shall comply with all other laws and regulations concerning the serving of alcoholic beverages in this state.
The sidewalk cafe/outdoor seating permit must be prominently displayed by the permit holder in a publicly visible location.
Any person who shall violate any of the provisions of this chapter shall be liable to prosecution in the City Court and/or any court of competent jurisdiction and shall, upon conviction thereof, be liable for a fine of up to $250. Each and every day such violation continues shall be deemed a separate violation.
Any license granted under the provisions of this chapter may be suspended or revoked by the Chief of the Kingston Fire Department for cause. The licensee may request a hearing before the Chief of the Kingston Fire Department or his designee within five days of receipt of notice of suspension or revocation. Any such hearing shall be held after reasonable written notice by the Chief of the Fire Department to the licensee of the violations, and the licensee shall have the right to be represented by counsel, present evidence on his or her behalf and confront the evidence against him or her. Cause for revocation or suspension of a temporary license shall be any condition that may endanger the health and safety of the public.