The outdoor eating area regulations as established by this chapter
are designed to permit outdoor eating areas, accessory and incidental
to lawfully existing restaurants in the Business District, to be located
on public property adjacent to lawfully existing restaurants and in
locations where they shall be determined to be appropriate by these
regulations and all applicable related ordinances. These general purposes
shall include, among others, the following specific purposes:
A. To ensure adequate sidewalk space for pedestrians to pass outdoor
eating areas and to ensure adequate access to adjoining properties,
businesses, and on-street parking places.
B. To encourage the establishment of outdoor eating areas as one means
of developing a pleasant and distinctive walking, eating and shopping
atmosphere downtown.
As used in this chapter, the following terms shall have the
meanings indicated:
OUTDOOR EATING AREA
An exterior space accessory to a restaurant that allows for
tables and seating for outdoor table service or self-service dining.
Up to two benches without any table(s) does not constitute an outdoor
eating area.
An outdoor eating area located on a public sidewalk or public
land must have the following:
A. An annual license agreement, valid April 1 to November 1 of a given
calendar year, by and between the Village of Cooperstown and the applicant,
the application fee for which shall be in such amount as determined
from time to time by resolution of the Board of Trustees.
B. Liability insurance, in an amount determined from time to time by
resolution of the Board of Trustees, which names the Village as an
additional insured.
C. A valid certificate from the Board of Health and, in cases that involve
the sale or consumption of alcoholic beverages, the State of New York.
Any application for an annual license for an outdoor eating
area shall be made to the Village Clerk in writing, to be reviewed
and acted upon by the Board of Trustees within 65 days. The application
for a license for an outdoor eating area shall contain, at a minimum,
the following:
A. The applicant's full name, local address, permanent address
(if different), telephone number, and local emergency contact number
(if different). Applicants are encouraged to provide an e-mail address;
B. The name, address and telephone number of the owner of the building
where the restaurant is located, if different than the applicant's;
C. A site plan, drawn to scale, showing the applicant's property
and the adjacent sidewalk area to be used; the designated outdoor
eating area; the location of access points to be used by employees
and/or patrons in entering or exiting the building in which the restaurant
is located; all temporary structures, equipment and apparatus to be
used in connection with its operation, including but not limited to
tables, seating furniture, umbrellas, planters, temporary fences,
lighting and electrical outlets (if any); provisions for the storage
of such items; and the location of any fire hydrant, plug or standpipe,
utility pole, parking meter station, planter or other permanent fixture
between the adjacent building and the curb, including a clear indication
of the presence of the required pedestrian passageway;
D. Descriptive or visual material indicating the appearance and materials
of all components, including but not limited to tables, seating furniture,
umbrellas, planters, temporary fences and decorations, to be used
and explanation of how such furniture or fixtures shall be stored
or secured during nonoperational hours;
E. A statement of the seating capacity of the proposed outdoor eating
area and of the existing restaurant operated by the applicant in the
adjacent building (an increase to the number of seats outdoors shall
require a new application);
F. A signed statement attesting that the associated restaurant and/or
applicant has not been subject to a zoning, vending, merchandise display,
or outdoor eating area violation within the past 12 months;
G. A current valid certificate from the State Department of Health indicating
that the applicant is in compliance with all applicable regulations;
H. Whether alcoholic beverages are to be served and, if so, a copy of
the appropriate liquor license issued by the State of New York; and
No part of this chapter or the local law itself shall be construed
to be an amplification or derogation of the rights or responsibilities
of property owners. Any remedies, rights or obligations provided to
such property owners or their successors in interest under the law
of real property or the laws of the State of New York shall be in
addition to the remedies, rights, obligations or penalties provided
hereunder.