For the purposes of this article the below terms shall be defined
as follows:
An accessory seating area for a restaurant or tavern located
on the public right of way, requiring an outdoor cafe permit from
the Village of Endicott.
Those areas accessible by pedestrian traffic which are not
immediately adjacent to a street or highway, and which are exempt
from vehicular traffic.
Any walkway along the margin of a street or highway, designed
and prepared for the use of pedestrians, encompassing the area between
the front line of any abutting property and the curb or, where there
is not curb, the line where the street begins.
An outdoor cafe permit as described herein shall grant the holder
thereof the ability to use public property for cafe purposes consistent
with these rules and regulations. The Village shall issue such permits
only to those ground floor restaurants or taverns which are contiguous
to and have a formal ingress or egress by door or passageway to public
property. Such public property may consist of public pedestrian areas
or sidewalks.
Approved outdoor cafe permits shall be valid from March 1 through
December 31 during the year in which the permit was issued; the Village
reserves the right to exclude any particular dates from the outdoor
cafe seasons in the interest of public safety. Such permit shall authorize
the permit holder to operate an outdoor cafe during a) the permit
holder's regular business hours, or b) between the hours of 7:00 a.m.
and 10:00 p.m., Sunday through Thursday, and between the hours of
7:00 a.m. and 11:00 p.m., Friday through Saturday, whichever is less.
Outdoor cafe operations must cease at the times indicated herein.
Operation of an outdoor cafe outside of the permissible hours shall
constitute a violation of this article, and shall constitute grounds
for the revocation of an outdoor cafe permit.
The maximum width of the space in which a restaurant or tavern
may operate an outdoor cafe shall be no larger than the width of the
establishment frontage to which it is immediately abutting. In no
case shall the width of an outdoor cafe impede any ingress or egress
from an abutting establishment or infringe upon the space potentially
available to another restaurant or tavern for use as an outdoor cafe.
The maximum depth of space for any outdoor cafe area is outlined below:
A.
Public pedestrian areas. In public pedestrian areas, the maximum
depth of space for any outdoor cafe area shall be up to half the distance
of the public pedestrian area minus five feet, as measured perpendicular
from the building wall to which the outdoor cafe is immediately abutting
to the edge of the public pedestrian area.
B.
Sidewalks. On sidewalks, the maximum depth of space shall be the
entire width of the sidewalk, minus five feet, as measured perpendicular
from the building wall to which the outdoor cafe is immediately abutting
to a) the edge of the sidewalk or b) any permanent obstruction including,
but not limited to, trees, planters, fire hydrants, parking meters,
and/or utility boxes, whichever is closest to the outdoor cafe.
[Amended 8-17-2020 by L.L. No. 19-2020]
The cost of an outdoor cafe permit shall include the site plan
review fee, the annual rental fee, and the security deposit, as described
below:
A.
Site plan review fee. The site plan review fee shall be established
from time to time by the Village Board of the Village of Endicott.
The site plan review fee shall be paid together with an outdoor cafe
permit application, and shall be nonrefundable, regardless of the
site plan review determination. Approved outdoor cafe permits may
be renewed on an annual basis for up to four additional calendar years
without obtaining additional site plan reviews, provided that the
outdoor cafe as described in the original permit remains unchanged.
No site plan review fee shall be required during each annual renewal,
provided that no additional site plan review is required during this
four-year period.
B.
Annual rental fee. The annual rental fee shall be based on the total
square footage of the public property utilized, and shall be established
from time to time by the Village Board of the Village of Endicott.
The annual rental shall be paid upon issuance of an outdoor cafe permit
fee and is nonrefundable. Should the applicant wish to renew the outdoor
cafe permit, the annual rental fee shall be paid upon each annual
renewal.
C.
Security deposit. The security deposit shall be established from
time to time by the Village Board of the Village of Endicott. The
security deposit shall be paid upon issuance of an outdoor cafe permit.
In the event that the Village must provide services for the cleaning,
maintenance, and/or repair of the area rented by the permit holder,
the cost of such services shall be billed to the permit holder. Should
the permit holder fail to submit payment for such services, the total
cost shall be deducted from the security deposit. Any remaining portion
of the security deposit shall be returned to the permit applicant
within 30 days of expiration of the outdoor cafe permit, or within
30 days of the Village Manager's receipt, in writing, that the permit
applicant no longer wishes to operate an outdoor cafe.
[Amended 8-17-2020 by L.L. No. 19-2020]
At least 30 days prior to the requested start date of the outdoor
cafe permit, the permit applicant shall submit an application for
an outdoor cafe permit to the Village Manager containing the following:
A.
Applicant name, mailing address, telephone number(s), and e-mail
address.
B.
Business name, physical address, telephone number(s), and e-mail
address.
C.
Business hours of operation.
D.
Proposed outdoor cafe hours of operation.
E.
Proposed site plan.
F.
All appropriate permits issued by the Broome County Department of
Health.
G.
If the applicant intends to serve alcohol in the outdoor cafe area,
the applicant must first receive approval from the New York State
Liquor Authority, and must submit such approval with the outdoor cafe
permit application.
H.
Proof of general liability insurance coverage in an amount not less
than $1,000,000, proof of property damage insurance in an amount not
less than $50,000, and, should the applicant intend to sell alcohol
in the outdoor cafe area, proof of liquor liability insurance coverage
in the amount not less than $1,000,000. Such insurance shall name
the Village of Endicott as an additional insured on a primary noncontributory
basis, and shall be accompanied by any appropriate endorsements as
may be required by the Attorney for the Village.
I.
Payment of the site plan review fee.
[Amended 8-17-2020 by L.L. No. 19-2020]
A.
Upon receipt of the completed outdoor cafe permit application, along
with all associated documentation, the Village Manager, or his/her
designee, shall forward such information to the Code Enforcement Officer,
Streets Superintendent, Police Chief, Fire Chief, and Attorney for
the Village. All such departments shall submit their findings and
determinations to the Village Manager in a timely manner. If the permit
application is approved by the Village Manager, the Village Manager
shall notify the permit applicant, and issue an outdoor cafe permit
upon receipt of the annual rental fee and the security deposit.
B.
A permit application may be denied if the Village Manager determines
that the issuance of such permit would cause public health and/or
safety concerns, if the outdoor cafe would conflict with a previously
scheduled event, or if the permit applicant fails to comply with the
regulations described herein.
[Amended 8-17-2020 by L.L. No. 19-2020]
Should a permit be denied for any reason, the applicant shall
have the ability to appeal the denial by submitting such appeal in
writing to the Village Board of the Village of Endicott within 30
days from receipt of the denial.
No outdoor cafe permit shall be issued until a site plan review
has been completed and approved. The outdoor cafe and its property
shall not be set up in such a way as to cause damage to Village property.
The Village reserves the right to approve, approve with modifications,
or deny any proposed site plan. The site plan may include but is not
limited to the following:
A.
The shape and dimensions of the area in question.
B.
The location and size of all buildings or structures within 25 feet
of the area in question.
C.
The location and type of any screening, barriers, and/or landscaping.
Outdoor cafes shall be demarcated on all sides not immediately abutting
the building wall by barriers, and such site plan shall delineate
the outdoor cafe's egress for safety evacuation.
D.
The location and type of proposed signage, including any menu or
identifying kiosk or board associated with the outdoor cafe, and the
location and type of any exterior lighting.
E.
Type of furniture and its arrangement, materials and colors used.
With the exception of table umbrellas or existing awnings, outdoor
cafes shall be open to the sky.
F.
Character of surroundings and harmony of the outdoor cafe layout
to these surroundings.
G.
Photographs of proposed cafe area.
All outdoor cafe permits issued pursuant to this section shall
be subject to the following conditions, rules and regulations:
A.
The permit holder shall maintain responsibility for the outdoor cafe
and provide sufficient personnel for the proper supervision and operation
of the cafe, and shall be responsible for the cleaning, maintenance
and/or repair of said outdoor cafe area.
(1)
Maintenance shall include cleaning the outdoor cafe area of all rubbish,
debris, stains, and/or residue resulting from the operation of the
outdoor cafe, leaving the site in a clean condition at the end of
each day during which the outdoor cafe is in operation. Such maintenance
shall be subject to the satisfaction of the Village of Endicott. Maintenance
shall also include the repair of any Village property which may have
been damaged during the course of outdoor cafe operations.
(2)
Should the permit holder fail to clean, maintain, and/or repair the
outdoor cafe area to the satisfaction of the Village of Endicott,
the permit holder shall be notified by the Village of Endicott in
writing of such failure to comply with the regulations described herein,
and shall be given a reasonable time period to restore the outdoor
cafe area to an acceptable condition, given the nature of the violation.
(3)
Should the permit holder fail to restore the outdoor cafe area to
an acceptable condition, the Village shall provide services for the
cleaning, maintenance, and/or repair of the outdoor cafe area. The
cost of such services shall be billed to the permit holder.
(4)
Should the permit holder fail to submit payment for those cleaning,
maintenance, and/or repair services provided by the Village of Endicott,
such funds shall be deducted from the security deposit.
(5)
Notwithstanding any provision above, should the Village be required
to provide services for cleaning, maintenance, and/or repair of the
outdoor cafe area, or if the permit holder fails to make any required
payment in a timely manner, the outdoor cafe permit maybe subject
to immediate revocation by the Village, and the permit holder may
be ineligible to receive future outdoor cafe permits.
[Amended 8-17-2020 by L.L. No. 19-2020]
B.
If the security deposit is exhausted due to expenses incurred by
the Village for the cleaning, maintenance, and/or repair of the outdoor
cafe area, the Village Clerk may require the permit holder to provide
an additional security deposit in an amount which may exceed the original
security deposit. The permit holder will remain liable and shall reimburse
the Village for any and all damages or injury to any Village property
that may arise from the operation of the outdoor cafe.
C.
The permit holder shall hold harmless and indemnify the Village from
any and all claims, actions, damages, or liability arising from the
operation of the outdoor cafe of every name and nature which may arise
or be incurred by the Village as a consequence of the giving of such
permission, or as the result of the conduct of such outdoor cafe patrons,
or as a result of the cleaning of rubbish, debris, stains, and/or
residue resulting from said outdoor cafe.
D.
The permit holder shall comply with all regulations set forth by
the Police Department, Fire Department, or other public safety personnel
as they pertain to the conduct of the patrons of said outdoor cafe.
[Amended 8-17-2020 by L.L. No. 19-2020]
E.
All approved barriers and furniture may remain in the designated
outdoor cafe area during the permitted months of operation. Upon expiration
of the outdoor cafe permit, all barriers and furniture must be removed,
and the space must be made open and available for public use.
F.
Outdoor cafe permits are nontransferrable.
G.
The permit holder shall not be allowed access to or use of Village
electricity, electrical equipment, and/or water service in connection
with the operation of an outdoor cafe.
H.
The permit holder is responsible for ensuring that the business and
its patrons adhere to all noise and public conduct regulations outlined
in the Code of the Village of Endicott.
I.
The Village shall not be responsible for the theft, loss, or damage
to any furniture or other outdoor cafe property.
J.
No loudspeakers, public-address system, or other similar amplification
device, or live music, shall be played or used within any outdoor
café area between the hours of 9:00 p.m. and 9:00 a.m.; nor
shall such loudspeaker, public-address system, or other similar amplification
device, or live music, be played or used in a manner that creates
unreasonable noise which disturbs the peace and quiet of the neighborhood
or causes discomfort or annoyance to any reasonable person of normal
sensitiveness in the area. For purposes of this section, a police
officer of the Village of Endicott shall be considered a reasonable
person of normal sensitiveness.
[Amended 8-17-2020 by L.L. No. 19-2020]
An outdoor cafe permit may be renewed on an annual basis, provided
the permit holder files an application and pays the annual rental
fee and security deposit for each year of operation. A renewal for
up to four additional years does not require a new site plan review,
provided the outdoor cafe as described in the original permit remains
unchanged. If any portion of the outdoor cafe changes in the years
following the initial approved site plan review, a new site plan review
will be required and the permit holder must pay the site plan review
fee.
[Amended 8-17-2020 by L.L. No. 19-2020]
A.
The Village Manager may modify an outdoor cafe permit and/or site
plan should it become necessary or proper to do so in the interest
of public health and/or safety or to preserve the character of any
neighborhood of the Village. The Village Manager may revoke an outdoor
cafe permit for any violation of this section, the Code of the Village
of Endicott ad/or other regulatory guidelines as established by Broome
County or New York State. Should the permit holder fail to comply
with the provisions of its patrons, the permit holder may be ineligible
to receive future outdoor cafe permits. The Village reserves the right
to conduct inspections of the outdoor cafe and the outdoor cafe area
at any and all times in order to ensure that all regulations as described
herein are being met by the permit holder.
B.
If the permit holder is in violation of this section, the Code of
the Village of Endicott and/or other regulatory guidelines as established
by Broome County or New York State, the Village Manager will give
the permit holder written notice of the violation and a reasonable
opportunity to cure same. The time to cure will depend on the nature
of the violation. Any failure to make a required payment must be cured
within five days of written demand for payment to the permit holder.
Notwithstanding the foregoing, an outdoor cafe permit may be immediately
revoked if the permit holder violates the time limits set forth in
hours and months of operations above.[1] If an outdoor cafe permit is revoked, the permit holder
may be ineligible to receive future outdoor cafe permits. Any notice
can be e-mailed to the permit holder or delivered to the restaurant
or tavern associated with the outdoor cafe.
[Amended 8-17-2020 by L.L. No. 19-2020]
Should an outdoor cafe permit be modified or revoked for any
reason, the permit holder shall have the ability to appeal the modification
or revocation by submitting such appeal in writing to the Village
Board of the Village of Endicott within 30 days from receipt of the
modification or revocation. The appeal shall not stay the modification
or revocation.
