Town of Plainville, CT
Hartford County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Plainville as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-18-1971]
As used in this article, the following terms shall have the meanings indicated:
DIRECTOR OF HEALTH
The duly appointed Director of Health of the Town of Plainville, or his designated agent.
PUBLIC HEALTH CODE
The Public Health Code of the State of Connecticut, established pursuant to § 19a-36 of the Connecticut General Statutes, as existing and periodically amended.[1]
RESTAURANT
Any establishment dispensing food or beverages for consumption or preparing food or beverages for off-premises consumption.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
No restaurant shall be operated in the Town of Plainville unless licensed by the Director of Health.
B. 
Any person or persons operating or proposing to operate a restaurant in the Town of Plainville shall apply to the Director of Health for a restaurant license.
C. 
Any restaurant already in operation on the date of adoption of this article shall apply to the Director of Health for a license within 90 days of said date.
D. 
Upon receiving application for a restaurant license, the Director of Health shall inspect the designated premises, and if the premises is maintained, equipped and operated in accordance with the Public Health Code, shall issue such license forthwith.
Such license shall be renewed annually. The fee for each original license, and for renewal thereof, shall be as provided in Chapter 215, Fees.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
The Director of Health shall inspect all licensed premises from time to time. If he finds that any restaurant is not being maintained, equipped or operated in accordance with the Public Health Code, he shall issue an order to the operator thereof to make such corrections as may be necessary for compliance with said code within a specified period of time.
B. 
If, in the opinion of the Director of Health, code violations are of sufficiently serious degree, or if any restaurant has failed to comply with a correction order within the specified time period, he may suspend or revoke such license and prohibit operation of such restaurant until corrections are made to his satisfaction.
Failure to comply with any provision of this article shall result in a fine of not more than $50.
[Adopted 10-18-2004]
The purpose of this article is to permit the private use of public property for outdoor restaurant and cafe seating in the Central Commercial Zone. It is the belief that such activities in a safe and orderly manner will enhance the vitality of the downtown area.
As used in this article, the following terms shall have the meanings indicated:
CENTRAL COMMERCIAL ZONE
As defined and located by the Plainville Planning and Zoning Regulations and Zoning Map.
OUTDOOR DINING AREA
An open air seating area on or within a public right-of-way such as a sidewalk and provided by a restaurant located on adjacent property where restaurant patrons can eat or drink in compliance with all State Liquor Control Commission regulations.[2]
PUBLIC PROPERTY
Any portion of the Town's right-of-way not specifically used for vehicle travel.
RESTAURANT
A public establishment operated primarily for the serving of food to the general public. Such restaurant may serve liquor on public property as long as the establishment complies with all applicable State Liquor Control Commission regulations.
SERVING AISLE
That space assigned to permit passage within the outdoor dining area.
[1]
Editor's Note: The definition of "cafe" which appeared in this section was repealed time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[2]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
The applicant shall file with the Town Manager's office an application including a sketch showing the proposed area to be used. Such sketch shall show the limits of the dining area, remaining sidewalk, utility structures and/or other sidewalk obstacles and curbing. The permit application will be reviewed by the appropriate Town officials. A decision shall be rendered by the Town Council within 45 days of such filing. Any approval may be contingent upon site-specific conditions in addition to the general requirements described below. A fee as provided in Chapter 215, Fees, will be assessed.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
The permit duration shall be from April 1 to October 31 of each calendar year. Annual renewals may be submitted after January 15 of each year. The annual renewal shall consist of a filing statement stating the permittee will comply with the conditions of the previous year's approval, submission of the proper insurance documents and a fee as provided in Chapter 215, Fees.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Permits may be revoked by the Town for noncompliance with the conditions of the approval or general conditions described below.
D. 
Permits shall be nontransferable.
A. 
The outdoor dining area shall not interfere with or create hazards or impair visibility for pedestrians or motorists.
B. 
The operations and configurations of the outdoor dining area shall conform to all applicable health, Liquor Commission, fire, and building codes. Such Town and state governing agencies shall provide the Town Manager a written sign-off prior to opening such dining area.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
The outdoor dining area shall be configured in such a manner that does not restrict emergency access to the building.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
The hours of operation for the outdoor dining area shall be from 10:00 a.m. to 10:00 p.m. daily.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
Devices used for shading shall be a nonpermanent type and shall be safely anchored. No advertising shall be placed on such shading devices.
F. 
The Town shall pre-approve all furniture, shading devices, barriers and trash receptacles to be used and located in the outdoor dining area.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
G. 
No outside audio systems shall be permitted.
H. 
There shall be no food preparation or cooking within the outdoor dining area.
I. 
The serving aisle shall be at least three feet in width.
J. 
The permittee shall maintain the dining area in a clean and orderly fashion. All debris which may fall or be blown onto the sidewalk shall be removed in a timely manner. Proper trash receptacles shall be provided and maintained. The sidewalk area shall be cleaned on a daily basis. Failure to clean and maintain the outdoor dining area and surrounding vicinity shall be grounds to revoke the permit or reject future permit applications.
K. 
A barrier or fence shall be placed between the dining area and sidewalk. Such barrier or fence shall be made of sufficient material to protect the pedestrian area from the dining space.
L. 
A minimum five-foot unobstructed pedestrian pass-way as measured from the curb shall be maintained at all times. At locations where fire hydrants, utility poles, street signs and the like are found, the pedestrian unobstructed width may be reduced to 42 inches for a distance no greater than 10 linear feet. The Town will also consider the relocation of street furniture if practical. Any costs associated with such relocation shall be the responsibility of the permittee.[5]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
M. 
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
(2) 
A liquor insurance policy or equivalent, in the minimum amount of $1,000,000, naming the Town as an additional insured as required for all establishments serving alcohol.
N. 
All tables, chairs, serving equipment, trash receptacles and temporary barriers shall be removed from the public sidewalk when the outdoor dining area is not in use.