The outdoor dining regulations as established in this chapter
are designed to allow outdoor dining or sidewalk cafes on public and
private property in locations where they are determined to be appropriate
by the Building Inspector and to promote and protect the public health,
safety and general welfare. These general goals include, among others,
the following specific purposes:
A. To provide adequate space for pedestrians on the sidewalk adjacent
to sidewalk cafes and to ensure access to adjacent commercial and
retail uses.
B. To promote outdoor dining areas as useful and properly planned visual
amenities for the Town of North Castle.
C. To promote the most desirable use of land and buildings and thereby
protect the Town's tax revenues.
For purposes of this chapter, the following terms shall have
the following meanings:
OUTDOOR DINING AREA
An outdoor dining area located on a sidewalk or on any portion
of the property of a food service establishment.
PUBLIC SERVICE FACILITY
A public telephone, mailbox, bench or other facility provided
for the use of the general public.
SIDEWALK
Any area between the curbline and a structure, whether publicly
or privately owned, which is used by the public or open to use by
the public.
The Building Inspector shall grant or deny an application for
a license pursuant to this chapter within 30 days of its complete
submission.
Upon a finding by the Building Inspector that the applicant has violated any provision of this chapter or the terms and conditions of the license or has engaged in any practice in conjunction with the regulated activity which constitutes a danger to the health or safety of any patron or pedestrian, the Building Inspector shall give notice to the applicant to correct such violation or cease such practice within 24 hours. If the applicant fails to comply with such notice, the Building Inspector may suspend the license for a period not in excess of 30 days, during which time the applicant shall be entitled to a hearing, at which the licensee may be represented by counsel, to present evidence in his behalf and confront the evidence against him. If, upon considering the evidence presented at the hearing, the Building Inspector adheres to the finding, the Building Inspector may reinstate the license with additional conditions related to the violation or improper practice which has been found or revoke the license and forfeit the applicant's cash deposit. In addition to, or in substitution for, the suspension or revocation of the license, the Building Inspector may impose an administrative sanction in an amount determined by him to be the cost to the Town of the applicant's failure to comply with the terms of this chapter or the permit issued to the applicant pursuant hereto, which such sanction shall be deducted by the Town Board from the applicant's cash deposit. The suspension, revocation or other action taken pursuant to this section shall not relieve the applicant or any other person from any liability which may be imposed pursuant to §§
218-9 and
218-10 of this chapter.
Neither the adoption of this chapter nor the granting of any
license pursuant hereto shall be construed as a waiver of any right,
privilege or immunity of the Town of North Castle concerning its public
easement over the streets and sidewalks, or of any requirement of
law concerning the liability of the Town of North Castle with respect
to streets and sidewalks, whether expressed or implied.
The applicant shall agree, on a form approved by the Town Attorney,
to indemnify and save harmless the Town of North Castle, its officers,
agents, attorneys and employees, from and against any claim of loss,
liability or damage by any person arising as a result of the applicant's
operation of the outdoor dining area.
[Amended 11-18-2015 by L.L. No. 9-2015]
The applicant shall obtain, and maintain in full force and effect
throughout the term of the license, at its sole expense and on its
own behalf, a policy of general liability insurance, and furnish to
the Town of North Castle certificates of insurance in accordance with
the Town's minimum insurance requirements, together with an indemnification
and hold-harmless agreement. Should it be determined that the extent
of the operations in any particular case require insurance coverage
in greater amounts than the Town's minimum insurance requirements,
the applicant shall provide certificates of insurance in the requested
amounts. Said insurance policy shall contain a provision prohibiting
its cancellation except upon a minimum of 10 days' notice to the Town
of North Castle. The applicant shall file with the Town Board, prior
to the issuance of the license, a certificate evidencing the requisite
insurance and setting forth the actual cancellation notice provision
contained in the policy.
[Amended 4-29-2020 by L.L. No. 3-2020]
Any person who shall violate any of the provisions of this chapter
shall be liable to prosecution in the Town Justice Court and shall,
upon conviction thereof, be liable to a fine that shall not exceed
$1,000 per day per violation or be imprisoned for a period not exceeding
15 days, or both such fine and imprisonment. Each day's continued
violation shall constitute a separate additional violation. If a fine
imposed pursuant to this section or resulting from the maintenance,
use or operation of an outdoor dining area is not paid within five
business days after the fine is imposed, except as otherwise ordered
by the Court, the Town may immediately revoke the license for any
such licensee.
[Amended 8-14-2013 by L.L. No. 7-2013]
A deposit and fee shall be charged in connection with the review
of all outdoor dining license applications and other actions of the
Town described in or contemplated by this chapter in such amounts
as set forth in the Master Fee Schedule.