[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.]
GENERAL REFERENCES
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:
A.
Provide adequate space for pedestrians on the sidewalk adjacent to
sidewalk cafes and to ensure access to adjacent commercial and retail
uses.
B.
Promote sidewalk cafes as useful and properly planned visual amenities
which better relate to the streetscape.
C.
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:
A.
The subject sidewalk area, from the property line to the curbline,
must not be less than 10 feet.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
Prior to the issuance of the permit, the applicant shall file the
following with the Building Inspector:
(1)
A site development plan prepared in triplicate, to scale, demonstrating
compliance with the conditions noted hereinabove for review and acceptance
by the Building Inspector;
(2)
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
(3)
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.
(4)
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.
A.
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.
B.
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'.
A.
All sidewalk cafes shall close operations by 10:00 p.m. each night.
B.
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.
C.
The restaurant shall not serve food or beverages to a patron at a
sidewalk cafe unless that patron is seated at a table.
D.
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).
