[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.
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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).