[Adopted by the Board of Selectmen 4-1-2003 (Ch. 370 of the 2002 Bylaws)]
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 October 31 of the year of issue and
is nontransferable.
A.
Completed and signed application.
B.
Application fee.
C.
A site plan drawn to scale 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.
D.
Details indicating day and evening hours the street furniture will
be located on the sidewalk.
E.
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.
No alcoholic beverages shall be served or consumed on sidewalk outdoor
seating.
B.
Outdoor seating must be located on a sidewalk that maintains a continuous
and clear six-foot-wide pedestrian travel area of the sidewalk at
all times.
C.
Outdoor seating must be located directly in front of the permit holder's
business space.
D.
Seating must not obstruct visibility of the public way to pedestrians
or to motor vehicles.
E.
No seating shall be placed within the area of any handicap ramps,
driveways or doorways.
F.
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.
G.
Outdoor seating must be attractive and made of safe, sturdy and durable
materials that will handle outdoor conditions.
H.
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.
I.
No advertising shall be displayed or printed on any outdoor furniture
or umbrellas.
J.
Outdoor seating must be removed from the sidewalk and put away after
business hours, unless otherwise agreed upon by the Licensing Authority.
K.
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.
L.
Applicants requiring a vendor cart license must receive that license
from the Licensing Authority prior to receiving a sidewalk outdoor
seating license.
The permit holder shall indemnify, defend and hold the Town
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 Town, 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 Town of Greenfield as additional insured
and shall apply as primary insurance and shall stipulate that no other
insurance effected by the Town 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 Town a certificate of insurance, duly authenticated, evidencing
maintenance of the insurance required under this permit.
