[Amended 10-20-2021 by L.L. No. 12-2021; 7-6-2022 by L.L. No. 10-2022]
The Fire Marshal is hereby authorized to grant revocable permits
for a term of four years for the use of the sidewalks for sidewalk
cafes upon the following terms and conditions:
A. No sidewalk cafe may be operated except:
(1) As an accessory to a restaurant or lawfully operating on the first
floor of premises in the following zoning use districts, DC-1; DC-2;
DC-3; and VC.
(2) On the sidewalk adjoining the principal place of business which directly
abuts a sidewalk which is no less than six feet in width measured
from the exterior wall of the building in which the business is located
to the inside edge of the curb and no closer than four feet from the
curb.
(3) By the entity which operates the restaurant or the sidewalk cafe
area shall be located directly in front of the building occupied by
the restaurant, shall not extend more than six feet from the exterior
wall of the building, unless otherwise approved by the Chief Fire
Marshal, and unless the sidewalk is located on the side of the building,
shall stay within the width of (shall not exceed beyond the width
of) the building space occupied by the restaurant.
B. Permitted hours of operation shall be between 7:00 a.m. and 11:00
p.m. 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.
C. With the exception of retractable awnings, 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.
D. All food must be prepared within the existing restaurant upon which
the cafe permit has been granted.
E. 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.
F. 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.
G. Sidewalk cafes may not utilize any public amenities such as benches,
seats or municipal waste receptacles provided for public use of the
sidewalk.
H. Sidewalk cafes may not provide buffet food service. Tableside service
only may be provided.
I. No designated parking stalls shall be obstructed by the permittee.
J. No sidewalk cafe shall impede handicapped access as required by any
applicable law.
K. Permittees shall have one employee available at all times to collect
and dispose of windblown trash.
[Amended 10-20-2021 by L.L. No. 12-2021]
A. Application for an annual permit pursuant to this chapter shall be
made to the Office of the Fire Marshal on forms provided by the Town.
Such forms shall contain information as may be reasonably required
by the Fire Marshal to establish compliance with the applicable codes,
ordinances and regulations and shall consist of the following information:
(1) One copy of the current outdoor sidewalk dining permit application.
(2) The
name and address of the applicant.
(3) The proposed site for the activity.
(4) In the case of an application for a sidewalk cafe, a sketch plan
showing the proposed layout of the cafe.
B. The annual application shall be accompanied by an application fee
of $150.
[Amended 10-20-2021 by L.L. No. 12-2021]
The Fire Marshal 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.