[HISTORY: Adopted by the Town Board of the Town of Riverhead 7-22-2004 by L.L. No. 27-2004 (Ch. 29 of the 1976 Code). Amendments noted where applicable.]
The Town Board is hereby authorized to grant revocable permits for the use of the sidewalks for sidewalk cafes upon the following terms and conditions:
No sidewalk cafe may be operated except:
As an accessory to a restaurant or retail food store lawfully operating on the first floor of premises in the downtown zoning use districts.
On the sidewalk adjoining the principal place of business of such entity no closer than three feet from the curb.
By the entity which operates the restaurant or retail food store.
No sidewalk cafe shall operate after 11:00 p.m. or when the entity with which it is associated is not open to the public.
Furnishing of a sidewalk cafe shall consist solely of readily removable umbrellas, covers, railings, table chairs, planters containing live plants, waste receptacles and accessories. Furnishings may not be attached, even in a temporary manner, to the sidewalk or other public property or to any building or structure. All furnishings shall be securely positioned so as to avoid windblown furnishings. All furnishings shall be removed from the sidewalk and stored in an approved manner when the sidewalk cafe is not in operation.
All food must be prepared within the existing restaurant or retail food store upon which the cafe permit has been granted.
The applicant shall be responsible for obtaining, maintaining in full force and effect and complying with the terms and conditions of any permit which may be required under any other law or regulation for the serving of food or beverages, including alcoholic beverages, at a sidewalk cafe.
Sidewalk cafes, the public property on which they are located and the surrounding area shall at all times be kept free and clear of litter, debris and any substance that may damage the sidewalk or cause pedestrian injury.
Sidewalk cafes may not utilize municipal waste receptacles.
Sidewalk cafes may not provide buffet food service. Tableside service only may be provided.
No designated parking stalls shall be obstructed by the permittee.
No sidewalk cafe shall impede handicapped access as required by any applicable law.
Permittees shall have one employee available at all times to collect and dispose of windblown trash.
Application for a permit pursuant to this chapter shall be made to the Building Department and shall consist of the following information:
The application shall be accompanied by an application fee of $25.
The Building Department shall grant or deny an application for a permit pursuant to this chapter within seven days of its complete submission. When the sidewalk cafe is proposed to be located on Town of Riverhead property, approval of an application pursuant to this chapter is subject to the applicant's submission of an insurance certificate naming the Town of Riverhead as an additional insured with insurance limits and insurance company acceptable to the Town Attorney.
Neither the adoption of this chapter nor the granting of any permit pursuant hereto shall be construed as a waiver of any right, privilege or immunity of the Town of Riverhead with respect to streets and sidewalks, whether express or implied.
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 $500.