[Added 7-9-2001; amended 3-28-2005]
A.
Purpose. The purpose of this article is to allow restaurants in the
central business zone to use a portion of the municipal sidewalks
for outdoor dining. It is the belief of the Town Council that such
dining in a safe and orderly manner will benefit the citizens of the
Town of Southington and enhance the downtown areas of Southington
and Plantsville.
B.
RESTAURANT
THREE-PERSON OR FOUR-PERSON TABLE
TWO-PERSON TABLE
Definitions. For the purposes of this article, the following terms
shall have the meanings indicated:
A public establishment designed for the servicing of food
and beverages to the general public. The definition of "restaurant"
shall include an establishment that holds a restaurant liquor license
from the State of Connecticut. The definition of "restaurant" shall
not include an establishment that holds a cafe liquor license from
the State of Connecticut.
A table of a square, rectangle or oval shape designed for
the seating of three or four persons with the table having a width
or diameter of no more than four feet.
A table of a square, rectangle or oval shape designed for
the seating of two persons with the table having a width or diameter
of no more than three feet.
C.
The Town of Southington shall allow the use of municipally owned
sidewalks in a central business zone for outdoor dining under the
following restrictions:
(1)
Permit procedure.
(a)
The applicant must file with the Town Manager's office an application
to the Town Council for a permit to use a municipal sidewalk. Said
permit shall be valid until the restaurant changes ownership, which
includes a majority change in the shareholders or a majority change
of members in a limited liability company or partnership, or the Town
Council revokes the permit due to a violation of this article. The
use of the sidewalk shall only be allowed from April 1 through October
31. Upon the filing of a permit, a copy of the permit shall be sent
to the Town Planner, the Town Engineer, the Health Director, the Chief
of Police, the Fire Chief and the Town Attorney's office. The Town
Council shall act on said permit within 45 days of filing, taking
into account input from the above-mentioned Town departments.
(b)
No permit shall be approved by the Town Council or its designee
unless the applicant submits a plan providing the following:
[1]
A minimum four-foot unobstructed passway, measured from the
curbline, for pedestrian traffic.
[2]
For a two-person table, a minimum dining area of four feet,
and for a three- or four-person table, a minimum dining area of five
feet. Said area must include a minimum of two feet for a walkway for
the waiter.
[3]
A one-foot area between the dining area and the unobstructed
passway, in which area shall be placed a fence or barrier of a height
of at least three feet and of sufficient material to protect the pedestrian
area from the dining area.
[4]
A written statement on the applicant's plan, stating that there
shall be no public address system or outside music.
[5]
A cash bond to be placed with the Town of Southington and monitored
by the Engineering Department in the amount of $250 to cover any cleanup
costs pursuant to the permit.
(c)
All permit approvals shall be contingent upon the applicant
submitting to the Town Manager's office proof of the following insurance:
[1]
A minimum general liability policy of $1,000,000, naming the
Town as an additional insured, and additional filings of insurance
for each year the permit is in effect.
[2]
A monoline liquor insurance policy or equivalent, in the minimum
amount of $300,000, naming the Town as an additional insured, and
additional filings of insurance for each year the permit is in effect.
(2)
Maintenance of Town property. The permittee is responsible to maintain
the sidewalk area in a clean and orderly fashion. All tables and temporary
barriers shall be removed from the sidewalk each night upon closing.
(3)
Compliance. All outdoor dining shall conform to both local and state
health codes and local and state fire codes.
