Village of Elmsford, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Elmsford 6-15-2015 by L.L. No. 2-2015. Amendments noted where applicable.]
Streets and sidewalks — See Ch. 291.
The sidewalk cafe regulations as established in this chapter are designed to allow sidewalk cafes on public property in locations where they are determined to be appropriate by the Village Board and to promote and protect the public health, safety, general welfare and amenity. The general goals are to:
Provide adequate space for pedestrians on the sidewalk adjacent to sidewalk cafes and to ensure access to adjacent commercial and retail uses.
Promote sidewalk cafes as useful and properly planned visual amenities which better relate to the streetscape.
Promote the most desirable use of land and buildings in the Village.
As used in this article, the following terms shall have the meanings indicated:
An outdoor dining area appurtenant to an existing public restaurant as defined in the Village of Elmsford Zoning Code, and located on an existing public sidewalk, that provides waiter or waitress service and contains readily removable tables, chairs and railings and may contain planters. It is otherwise unenclosed by fixed walls and open to the air, except that it may have umbrellas.
The Building Inspector is authorized to issue a permit for the seasonal operation of a sidewalk cafe, provided that all of the requirements of §§ 269-4 and 269-5 have been complied with by the applicant. The permit shall be valid from March 15 up to and including November 30 of any calendar year. This permit may be renewed annually, subject to the conditions of §§ 269-4 and 269-5.
A permit for a sidewalk cafe may only be issued to the owner or the tenant of a building occupied and used for a public restaurant in a zoned district permitting such use, provided that the following requirements are met:
The subject sidewalk area, from the property line to the curbline, must not be less than 10 feet.
There shall be a minimum clear distance of five feet, exclusive of the area occupied by the sidewalk cafe, free of all obstructions (such as trees, tree wells, parking meters, utility poles, streetlights, sidewalk amenity strip, etc.) in order to allow adequate pedestrian movement.
Sidewalk cafes may only be located directly in front of the public restaurant with which they are associated. This requirement may, however, be waived by written permission from the owner and the tenant of an immediately adjacent building allowing such sidewalk café to utilize sidewalk abutting the adjacent building.
No permanent structures may be affixed to the sidewalk area used for the sidewalk cafe or affixed to the building abutting the area for purposes of the sidewalk cafe, and the area may be occupied only by chairs, tables, benches, umbrellas and planters for the convenience of the patrons to be served in such area.
The applicant shall be responsible for delineating the sidewalk cafe area by setting up a removable, nonpermanent barrier approved by the Building Inspector such as planters, screens or railings to physically separate patrons from pedestrian traffic. Adequate access clearance shall be provided around all tables.
A clear, unoccupied space must be provided, not less than three feet in width, from all entrances of the building abutting the sidewalk to the unoccupied portion of the public sidewalk.
Neither outdoor lighting nor live or mechanical music may be used on or for the sidewalk cafe area except in such cases where streetlighting is insufficient to so illuminate the dining area or to prevent a hazard to those traveling the sidewalk. A separate electrical permit shall be required for all lighting.
A sandwich board sign may be permitted, associated with the operation of the sidewalk cafe, provided that the sandwich board sign is not placed in the required minimum clear distances included in this section. The sandwich board sign shall be included as part of the sidewalk café permit. The sandwich board sign may not be larger than 36 inches in height and 24 inches in width and may only include on the sign advertising relating to the sidewalk cafe to which the sign permit is issued. The sandwich board shall not be placed on the sidewalk prior to 9:00 am. and shall be removed from the sidewalk at the close of business for the sidewalk cafe or 10:00 p.m., whichever is earlier. A sandwich board sign shall not remain on the sidewalk overnight.
Prior to the issuance of the permit, the applicant shall file the following with the Building Inspector:
A site development plan prepared in triplicate, to scale, demonstrating compliance with the conditions noted hereinabove for review and acceptance by the Building Inspector;
An agreement to indemnify and save harmless the Village, its officers and employees against any claims, suits and actions and all loss, liability, costs or damages, including expenses and costs for bodily injury and for property damage sustained by any person or property as a result of the applicant's operation of a sidewalk cafe on public property, on a form to be provided by the Village Administrator; and
A certificate of general liability insurance naming the Village of Elmsford, its officers, agents and employees as additional named insureds, with the following limits for personal injury, $1,000,000 per individual and $1,000,000 per occurrence; and for property damage, $1,000,000 per individual and $1,000,000 per occurrence, effective for the duration of the permit.
A fee as adopted by resolution of the Board of Trustees shall be paid to the Village together with the application for a sidewalk café permit and for each annual renewal of the permit, as set forth in the Master Fee Schedule as same may be amended from time to time.
Upon the failure or default by the permittee of any of the terms, agreements and conditions of the permit on its part to be done or performed, the Village shall provide seven days' notice to the permittee of the failure or default. The permittee shall correct the failure or default and should the permittee fail to correct the failure or default within the seven days, the Building Inspector shall suspend the permit until the failure or default is corrected. Should the permittee receive notice of a failure or default a second time during a sidewalk cafe season, the permit shall be revoked for the remainder of the season. Said permittee shall have no claim against the Village for loss of anticipated profits or for any losses by reason thereof.
Should any Village property be damaged due to the operation of a sidewalk cafe, the Village shall conduct the necessary repairs to the Village property and shall bill the permittee for the costs associated therewith, including but not limited to staff time, materials and supplies. An invoice for the repair work shall be sent to the permittee. Should the permittee fail to pay the Village for the repair work, the Building Inspector shall not issue a new sidewalk cafe permit; the amount shall constitute a lien against property of the restaurant to which the sidewalk café is appurtenant which shall be levied and collected in the same manner as Village real estate taxes or in such manner as otherwise provided by law. The permittee shall be personally liable for the payment of all such costs, including costs of collection and reasonable attorneys'.
All sidewalk cafes shall close operations by 10:00 p.m. each night.
All alcoholic beverages to be served at sidewalk cafes shall be prepared within the existing restaurant, and alcoholic drinks shall only be served to patrons seated at tables. The drinking of alcoholic beverages by a member of the public while a patron at a sidewalk cafe, within the confines of the sidewalk cafe area, shall not be construed as a violation of any local law controlling consumption of alcoholic beverages in a public area. The operator of a sidewalk cafe shall be in full compliance with the licensing requirements of the State Liquor Authority, as may exist, and shall comply with all other laws and regulations concerning the sale of alcoholic beverages in the state. In the event that said sidewalk cafe is not in full compliance with the State Liquor Authority's laws, rules and regulations, then the serving and consumption of alcoholic beverages in the sidewalk cafe shall be prohibited.
The restaurant shall not serve food or beverages to a patron at a sidewalk cafe unless that patron is seated at a table.
Sidewalk cafes and the public property on which they are located shall be kept neat and clean at all times and free from any substance that may damage the sidewalk or cause pedestrian injury.
[Amended 9-6-2017 by L.L. No. 4-2017]
For any and every violation of the provisions of this chapter, the permittee of any sidewalk cafe where such violation has been committed or shall exist and who refuses to abate said violation within five days after written notice has been served upon him, either by mail or by personal service, shall, for each and every violation, be subject to a fine of not less than $100 nor more than $1,000 or up to five days' imprisonment, or both, at the discretion of the court or judicial officer before whom a conviction may be had. Each and every day that such violation continues after such notice shall be considered as a continuing offense subject to a fine of not less than $100 nor more than $1,000 for each day. No such notice need be served for subsequent violations of this chapter within one year of the issuance of such a notice; in which case, the enforcing officer may issue an appearance ticket. In addition, a violation of the provisions of this article may be grounds for denying a sidewalk cafe permit in subsequent year(s).