[Adopted 4-7-2016 by L.L.
No. 5-2016 (Ch. 233, Art. VI, of the 1989 Code)]
Sidewalk cafes and merchandise displays on the public streets
and sidewalks may promote the public interest by contributing to an
active and attractive pedestrian environment. The purpose of accommodating
sidewalk dining and sales is to add activity, attract pedestrians,
extend their visits and enhance overall community quality of life.
Reasonable regulation of street and sidewalk cafes and merchandise
displays is necessary to protect the public health, safety, and welfare,
including the maintenance of pedestrian access. The intent of this
article is to set forth the conditions and requirements under which
a sidewalk cafe and sidewalk merchandise display, as defined, may
operate by permit on a public sidewalk and street within the City
of Plattsburgh.
As used in this article, the following terms shall have the
meanings indicated:
Measured from the outside edge of the sidewalk cafe fencing,
fence post base or other sidewalk cafe related obstruction (that limits
pedestrian passage) to the planter/furniture zone where one exists
or else to the curb zone. Clear path of travel must fall entirely
within the pedestrian zone as defined below. Measurements must be
clearly identified on the cafe permit application site plan.
The first six inches of the sidewalk corridor immediately
adjacent to the roadway.
The area between the pedestrian zone and the private property
line. A standard frontage zone shall be at least 12 inches wide.
A permit issued by the City Building Inspector for the temporary
placement of merchandise on public sidewalk property by a commercial
retail store adjacent to the public sidewalk property.
The area of the sidewalk corridor that is specifically reserved
for pedestrian travel. It should be completely free of obstacles,
protruding objects, and vertical obstructions which can be hazardous
to pedestrians, particularly for individuals with vision impairments
who may not be able to detect or avoid the hazard. A standard pedestrian
zone should be at least 60 inches wide.
Lies between the curb zone and pedestrian zones and is intended
to house utilities, such as traffic poles and fire hydrants, trees,
plants and pedestrian amenities, such as benches and bus shelters.
Any public street, alley, roadway, sidewalk, walkway, highway,
bicycle lane right-of-way, or public way designed for vehicular, bicycle,
or pedestrian travel that is dedicated to public use and/or publicly
owned.
Any portion of public sidewalks or streets in the downtown
area in which tables, chairs, and associated exterior property are
placed for the sole purpose of patrons consuming food and/or beverages
(alcoholic or nonalcoholic) served by a food establishment adjacent
to the public sidewalk property.
A permit issued by the City Building Inspector for operation
of a sidewalk cafe which meets all of the requirements of this section
and all other applicable laws and ordinances of the City and all state
and federal laws.
Use of public streets and sidewalks for any commercial purpose,
including sidewalk cafes and merchandise displays, shall be unlawful
except as specifically provided herein or as specifically authorized
by this article.
A.
It shall be unlawful to sell, or offer for sale, any food, beverage,
merchandise, or service on any street, sidewalk, alley, City parking
lot or other thoroughfare or public right-of-way without first obtaining
the applicable sidewalk cafe permit or merchandise display permit.
B.
A sidewalk cafe shall be permitted only in zoning districts which
allow indoor restaurants, or other indoor business selling food for
consumption on the premises, and then only if the sidewalk cafe is
contiguous to an indoor restaurant, or other indoor business selling
food for consumption on the premises, and the cafe's operation
is incidental to and a part of the operation of such contiguous indoor
restaurant, or other indoor business selling food for consumption
on the premises. A sidewalk cafe shall be located on the public sidewalk
or public street right-of-way immediately contiguous to and abutting
the indoor restaurant, or other indoor business selling food for consumption
on the premises, which operates the cafe, provided that the area in
which the sidewalk cafe is located extends no farther along the sidewalk's
length than the actual sidewalk frontage of the operating indoor restaurant,
or other indoor business selling food for consumption on the premises,
and all other applicable provisions of this article are fulfilled.
C.
A merchandise display permit shall be permitted only in zoning districts
which allow for the retail sale of goods on the premises and then
only if the merchandise display is contiguous to an indoor retail
store and the merchandise display is incidental to and part of the
operation of such contiguous indoor store. A merchandise display shall
be located on the public sidewalk immediately contiguous to and abutting
the retail store, provided that the display extends no farther along
the sidewalk's length than the actual sidewalk frontage of the
retail store, and all other applicable provisions of this article
are fulfilled.
D.
No signs shall be hung or attached to the sidewalk cafe or merchandise
display unless a sign permit has been issued by the City Building
Inspector pursuant to the City Code.
Applications for a sidewalk cafe permit and a merchandise display permit will be available in the City Building Inspector's Office. Applications shall be made on forms as approved by the Common Council by resolution. Necessary information shall include, but not be limited to: application forms, site plan details, pedestrian zone maintenance, insurance requirements, and proof of food and beverage licenses and permits. All permit and use fees will be established per § 295-55. The City Building Inspector may impose any other restriction on the location, size or design of the sidewalk cafe or merchandise display that, in their sole judgment, protects the accessibility, health, safety and welfare of the public.
A sidewalk cafe permit and a merchandise display permit shall
have a one-year term from the date of issuance unless suspended or
revoked pursuant to this article.
A sidewalk cafe and merchandise display permitted, authorized
and operated pursuant to this article shall:
A.
Comply with all plans submitted to and permits approved by the City
Building Inspector.
B.
Serve no alcoholic beverages on or at any sidewalk cafe after 12:00
a.m. or before 8:00 a.m. All service of any kind whatsoever shall
cease at 12:00 a.m. and not begin until 8:00 a.m.
C.
Ensure that by no later than 12:30 a.m. all patrons must be vacated
from the sidewalk cafe and by no later than the closing of the establishment
all furniture, utensils, containers or any other materials used in
the operation of the sidewalk cafe or within the area used by the
sidewalk cafe shall be removed from the sidewalk cafe area, provided
that any railing, flooring or other support or enclosure used in the
assembly, operation or enclosure of the sidewalk cafe may be allowed
to remain on the sidewalk area if specifically permitted in the Building
Inspector's approval of the sidewalk cafe plans.
D.
Remove all sidewalk cafe structures by October 31 and not install
prior to April 1 in any year for which a permit is granted.
E.
Not allow music, from whatever source (acoustical, electric or other),
to be played on the premises outdoors between the hours of 12:00 midnight
and 8:00 a.m.
F.
Not allow advertisements, signs, neon signs, decorations or displays
to be placed in, on, or about the sidewalk cafe premises without the
prior written approval of the Code Enforcement Officer.
G.
Not allow encroachment on the public sidewalk beyond the authorized
sidewalk cafe premises or merchandise display into the public right-of-way.
H.
At all times, keep or cause to be kept the sidewalk cafe or merchandise
display free of litter, trash, obscene material, paper and other waste
including during special events held by other organizations.
I.
At the termination of the permit, return the sidewalk cafe or merchandise
display premises to the City in as good condition as at the commencement
of the term hereof, usual wear and tear, acts of God, or unavoidable
accidents excepted.
J.
Be located and permitted only where the sidewalk is wide enough to
adequately accommodate a pedestrian zone in the area and the operation
of the proposed sidewalk cafe or merchandise display.
K.
Comply with all other provisions of the Code of the City of Plattsburgh,
state and federal regulations, including the Americans with Disabilities
Act.
A.
Upon a finding by the City Building Inspector that an application
for a permit is unable to comply with the requirements as set forth
in the permit application, the City Building Inspector shall deny
said permit.
B.
Upon a finding that an applicant has violated any provisions of this
article, the City Building Inspector shall give notice of violation
by personal delivery of written notice to the permit holder or their
authorized agent or officer, or by first class mail addressed to the
permit holder at the premises address set forth in the permit application.
Said notice shall require the applicant to correct said operational
violations within 24 hours of receipt of said notice by the City Building
Inspector. Upon failure to correct said operational violation within
24 hours, the City Building Inspector may revoke the applicant's
sidewalk cafe permit or merchandise display permit issued pursuant
to this article. The City Building Inspector shall, in his or her
sole judgment, give the violator reasonable time to repair any structure
damage or physical violation of any provision of this article. If
revoked for a violation, the permit holder will not be entitled to
a refund of any permit or use fees. Any appeal of the City Building
Inspector's revocation or denial of a permit issued under this
article may be brought to the City of Plattsburgh Zoning Board of
Appeals pursuant to the City Code.
C.
Any sidewalk cafe permit or merchandise display permit which allows
commercial operations on the public right-of-way may be terminated
at the will of the City without cause on seven days' notice to
the permit holder. If the permit is terminated without cause, the
City will refund to the permit holder a prorated portion of the permit
and/or use fee for the unexpired term of the permit. The City may
give notice of termination by personal delivery of written notice
to the permit holder or their authorized agent or officer, or by first
class mail addressed to the permit holder at the premises' address
set forth in the permit application.
A permit may be temporarily suspended, if it is determined by
the Chief of Police or Fire Chief and/or their designees that, by
reason of disaster, public calamity, riot, or other emergency, the
public safety requires such suspension. A temporary suspension may
also be issued by the Mayor due to a special event or celebration
on the public right-of-way. Written notice of the temporary suspension
shall be provided, where practical, to the permit holder.
A fee for the permit and use of the public right-of-way shall
be charged based upon the direct and indirect costs of administration,
inspection, and enforcement as set by resolution of the Common Council.
All permits shall be displayed at all times during the operation
of the sidewalk cafe or merchandise display business.
The area encompassed within a sidewalk cafe authorized pursuant to this article shall be considered duly licensed for sale and consumption of alcoholic beverages and shall not be subject to Chapter 120, Alcoholic Beverages, of the Code of the City of Plattsburgh.
A.
Any person who violates any of the provisions of this article shall,
upon conviction thereof, be subject to a fine not exceeding $250.
Each day that such violation continues shall constitute a separate
violation. In addition, the Building Inspector may cause any sidewalk
cafe existing in violation of this article to be removed without notice.
A fee of $200 shall be charged to the licensee for the cost of such
removal. The Department of Public Works may store the removed sidewalk
cafe structure for a period of 30 days; and if unclaimed, the structure
may be destroyed, sold or discarded.
B.
Any person who fails to remove a sidewalk cafe structure by October 31, or who receives two written notices from the Building Inspector's Office for a general permit violation as provided for in § 295-53, shall not be eligible for a sidewalk cafe or merchandise display permit in any following year.
