Any eating establishment that would like to provide outdoor seating on the public sidewalks in downtown Greenfield shall obtain a sidewalk outdoor seating license from the Licensing Authority. The license for sidewalk outdoor seating shall be good only for a time period beginning April 1 until December 1 or with the first significant snow fall of the year of issue. License is nontransferable. Each year, renewal may be approved with updated form and certificate of insurance. Site plans will not be required unless a lapse occurs or a change in seating plan is expected.
[Adopted by the Board of Selectmen 4-1-2003 (Ch. 370 of the 2002 Bylaws); amended in its entirety 6-17-2020 by Order No. FY 20-173]
A.
Completed and signed application.
B.
A site plan drawn providing the following information:
(1)
Location of all proposed outdoor seating areas and the relationship of the seating to the business, the building entrance, and adjacent businesses.
(2)
Location of all trees, tree grates, planters, public benches, trash receptacles, fire hydrants, utility and/or light poles, parking meters, bicycle racks, basement entrances, handicap ramps, driveways, mailboxes, and newspaper boxes.
(3)
Details on sidewalks and indicating any bricked sidewalk sections and bump outs where applicable.
C.
Details indicating day and evening hours the street furniture will be available shall be posted in a location clearly visible to patrons in the outdoor seating.
D.
Specifications on the design of all proposed outdoor furniture, including size, color, number, style or type. Color photos and/or manufacturer spec sheets are recommended.
A.
Outdoor seating must be located on a sidewalk that maintains a continuous and clear five-foot-wide pedestrian travel area of the sidewalk at all times.
B.
Outdoor seating must be located directly in front of a main egress to the permit holder's business space, or in an area designated by the City as an outdoor dining zone.
C.
Seating must not obstruct visibility of the public way to pedestrians or to motor vehicles.
D.
No seating shall be placed within the area of any handicap ramps, driveways or doorways.
E.
Umbrellas associated with outdoor tables must provide a minimum vertical clearance of seven feet above the sidewalk and must maintain a continuous and clear six-foot-wide pedestrian travel area of the sidewalk at all times.
F.
Outdoor seating must be made of safe, sturdy and durable materials that will handle outdoor conditions. Umbrellas and upholstery must be free of rips and tears.
G.
Outdoor seating must be secured so as not to be moved by the wind. However, tables, seats shall not be bolted into the ground or secured to the streetlights, trees or other street furniture.
H.
Outdoor seating must be removed from the sidewalk and put away after business hours, or locked and secured.
I.
The permit holder is responsible for picking up all litter associated with the outdoor seating and shall maintain the area in a clean condition at all times.
J.
Applicants requiring a vendor cart license must receive that license from the Licensing Authority prior to receiving a sidewalk outdoor seating license.
K.
Applicants must provide:
(1)
Evidence of liability insurance to the Licensing Clerk with minimum coverage in the amount of $1,000,000, naming the City of Greenfield as co-insured. This insurance coverage must be in force for the duration of the approved period.
(2)
Eight-and-one-half-inch x 11-inch sketch of outdoor seating detailing:
(a)
Measurements of tables and chairs;
(b)
Total width of sidewalk; and
(c)
Distance between proposed seating and sidewalk.
(d)
Obstacles such as streetlights, signs, trees, benches, garbage barrels, fire hydrants and other municipal structures.
(e)
Description of after-hours storage of outdoor seating, if it is not stored indoors.
The permit holder shall indemnify, defend and hold the City of Greenfield, its agents, officers, attorneys, employees and officials harmless from any and all claims, causes of action, injuries or damages arising out of any negligent acts on the part of the permit holder, its agents, officers, employees or anyone rendering services on their behalf. This indemnity shall include all reasonable costs and attorney's fees incurred in defending any action covered by this provision.
A.
The permit holder, during the continuance of this permit and at no cost to the City, shall maintain a comprehensive liability policy in the amount of $1,000,000 and, if applicable, a workers' compensation policy each with a minimum coverage of $100,000.
B.
Said policy shall include the City of Greenfield as additional insured and shall apply as primary insurance and shall stipulate that no other insurance effected by the City of Greenfield will be called on to contribute to a loss.
C.
Prior to issuance of a permit, the permit holder shall furnish to the City a certificate of insurance, duly authenticated, evidencing maintenance of the insurance required under this permit.
D.
If the insurance policy is canceled, terminated, suspended or materially changed, the outdoor seating license shall be suspended until such time as compliance with the requirements of this section has been fully satisfied.