[HISTORY: Adopted by the Village Board of Trustees of the Village of Pleasantville 6-15-2020 by L.L. No. 2-2020. Amendments noted where applicable.]
On January 30, 2020, the World Health Organization designated the novel coronavirus, COVID-19, outbreak as a public health emergency of international concern.
On January 31, 2020, the United States Health and Human Services Secretary declared a public health emergency for the entire United States to aid the national healthcare community in responding to COVID-19.
On March 7, 2020, pursuant to Section 28 of Article 2-B of the Executive Law, Governor Cuomo issued Executive Order Number 202, declaring a state disaster emergency for the entire State of New York. Thereafter, numerous additional executive orders were issued which prohibited in-person gatherings and required 100% of the workforce of nonessential businesses and services throughout the state to work remotely.
It is evident that the COVID-19 pandemic has and will continue to have negative consequences for the Village's small businesses and economy, including but not limited to retail businesses, gym operations, personal care services, and food establishments, their owners and employees located in the Village.
The Centers for Disease Control and Prevention (CDC) and the State of New York have stated that social distancing and other health protective measures will continue to be required while the State relaxes mandated closures and begins to reopen the economy.
There is growing consensus among experts that the risks of contracting or spreading the coronavirus while outdoors are acceptably low if precautions are taken.
In order to further protect the public health, safety and welfare and support the local economy and retail businesses, gym operations, personal care services and food establishments in their slow and difficult recovery, the Village deems it necessary to authorize the expansion of outdoor retail sales areas, gym operations, personal care services and food establishment dining areas for a temporary period of time to allow such businesses to offer safe, socially distanced outdoor shopping, services and dining.
As used in this chapter, the following terms shall have the meanings indicated:
- OUTDOOR BUSINESS AREA
- Any outdoor space utilized for outdoor retail sales, gym operations, outdoor personal care services or outdoor restaurant dining pursuant to an outdoor business area permit.
- Any individual person, firm, partnership, association, corporation, company, organization or legal entity of any kind, including public agencies and municipal corporations.
Retail businesses, gym operations, personal care services and restaurants in the Village of Pleasantville may seek approval to create and/or expand outdoor retail sales areas, gym operations, personal care service areas and outdoor restaurant dining areas, referred to in this chapter as "outdoor business areas." No person shall establish or expand an outdoor business area except upon the granting of an outdoor business area permit. Subject to the approval of the proposed outdoor business area layout, at the sole and absolute discretion of the Building Inspector, businesses may be permitted to create and/or expand an outdoor business area into a private parking lot area or in a public property owned by the Village (public street, parking lot, sidewalk area, alleyway, park or other public area).
The Building Inspector may modify any requirements set forth in this chapter, unless required elsewhere by county or state law, and may develop additional rules and regulations for Outdoor Business ..Area Permits.
The outdoor business area shall not require land use approvals such as site plan, special permit, subdivision, variances or any other discretionary review or approval by any board within the Village. Outdoor business areas shall be exempt from all requirements set forth in Chapter 185, Zoning.
An applicant who obtains an outdoor business area permit shall not be required to obtain a sidewalk display permit or sidewalk cafe permit pursuant to Chapter 155, Article V, of the Village Code. Until January 1, 2021, the provisions of Chapter 155, Article V, of the Village Code are temporarily suspended and sidewalk display permits and sidewalk cafe permits shall not be issued.
To the extent any provision of this chapter conflicts with any other requirement of the Village Code, the provisions of this chapter shall supersede those other requirements to the extent of such inconsistency, unless otherwise determined to be applicable by the Building Inspector for purposes of public health and safety.
The Building Inspector, or his or her designee, shall grant or deny, in his or her sole discretion, an outdoor business area permit upon the applicant's demonstration of compliance with the following requirements:
General requirements. The following requirements apply to all outdoor business area permits regardless of the type of business or whether the outdoor area is on public or private property:
The outdoor business area shall not be used for any purpose other than for the approved business use.
The outdoor business area shall comply with any and all state and local health, fire, building, sanitation and maintenance codes applicable to the use of the establishment, including but not limited to the installation of tents, outdoor natural gas/propane patio heaters, fire pits/tables.
The number and location of all tables, displays, service stations, registers and any other equipment, furnishings or structures installed in the outdoor business area must comply with all applicable state and local building and fire code provisions, ADA standards for accessible design and all applicable policies and practices.
The outdoor business area must meet Fire Department standards, including points of egress, access to fire extinguishers, and tent and awning ratings, if applicable.
The Village may require the applicant install a physical barrier or separation to protect patrons and employees from vehicular traffic, such as bollards, planter boxes or "jersey" barriers.
The outdoor business area shall be located in front or in rear of the applicant's principal place of business, except that it may extend to the left and/or to the right of such place of business upon written consent of the owner of the adjacent building and the tenant of the adjacent business.
The outdoor business area shall at all times be kept free and clear of garbage, litter, refuse, rubbish and debris.
All furnishings shall be removed and stored indoors at closing in an approved manner when the outdoor business area is not in operation.
No permanent structure may be installed.
All outdoor business areas shall be closed, including cleanup, on or before 10:00 p.m. each day.
The applicant shall be responsible for any damage caused to any sidewalk or public property as a result of the business operations.
The Village may impose reasonable conditions on the approval of an outdoor business permit related to the outdoor business area's size, location, impact on available parking, pedestrian safety, noise, and the public health, safety and welfare.
Upon the expiration or earlier termination of the outdoor business area permit, the applicant shall restore the outdoor business area to the same condition it enjoyed prior to applicant's use of the outdoor business area, including the removal of any personal property, fixtures, improvements, or structures in the outdoor business area. In the event applicant has caused any damage to the outdoor business area, any improvements thereto, or any other facilities, the applicant shall immediately cause such damage to be repaired at its sole cost and expense.
All outdoor business operations shall comply with any applicable CDC, state or county guidance, rule, regulation or law concerning required measures to minimize the spread of COVID-19.
Requirements applicable to all outdoor dining areas.
The applicant shall delineate the dining area by a removable physical barrier separating patrons from pedestrian traffic. The delineation and layout of the cafe area shall be consistent with the outdoor business area plan submitted by the applicant.
The outdoor dining area shall be accessory to a restaurant or retail food store lawfully operating on the first floor of the premises and the outdoor dining area shall be located in front or in rear of the principal place of business of such entity, except that it may extend to the left and/or to the right of such place of business upon written consent of the owner and tenant of the adjacent business.
The seating capacity of the outdoor business area and the indoor seating area (combined) shall be limited to the maximum occupancy load set forth in the certificate of occupancy.
All food and beverages to be served or consumed in the outdoor business area shall be prepared within the existing restaurant. The restaurant shall not serve food or beverage to a patron unless that patron is seated at a table.
All alcoholic beverages to be served in the outdoor business area shall be prepared within the existing restaurant, and alcoholic drinks shall only be served to patrons seated at tables. The drinking of alcoholic beverages by a member of the public while a patron at restaurant with an outdoor business area shall not be construed as a violation of any ordinance controlling open containers in a public area. The operator of the restaurant shall procure the appropriate license from the State Liquor Authority if the restaurant intends to serve alcoholic beverages in the outdoor business area and shall comply with all other laws and regulations concerning the serving of alcoholic beverages. The appropriate license must be submitted to the Village before the operator may serve alcoholic beverages in the outdoor business area.
Requirements for use of public property.
The applicant shall agree, on a form approved by the Village Attorney, to indemnify and save harmless the Village of Pleasantville, its officers, agents, attorneys and employees, from and against any claim of loss, liability or damage by any person arising as a result of the applicant's operation of the outdoor business area.
The applicant shall obtain and maintain in full force and effect throughout the term of the license a policy of general liability insurance, which such policy shall name the Village of Pleasantville, its officers, agents, attorneys and employees as additional insured, have a combined single limit of not less than $1,000,000 and contain a provision prohibiting its cancellation except upon 20 days' notice to the Village of Pleasantville. The applicant shall file with the Building Inspector, prior to the issuance of the license, a certificate evidencing the requisite insurance.
All applications for outdoor business area permits shall be on a form provided by the Village and shall contain the following information:
The name and address of the applicant.
The name and address of the retail business, gym operations, personal care service business or restaurant.
Approval from the New York State liquor authority to serve alcohol in the outdoor business area, if applicable.
Insurance certificates, naming the Village of Pleasantville as an additional insured, pursuant to § A190-4, if applicable.
A drawing showing the following:
A proposed layout, including any proposed temporary awnings, tents, pergolas, the existing building, points of ingress and egress, proposed location of all tables, chairs, umbrellas, barriers, displays, service stations, registers and any other equipment, furnishing or structure to be installed in the outdoor business area.
The proposed capacity of outdoor business area.
A statement of the days and hours of intended operation.
The applicant's entire property and adjacent properties on a location map and all property lines.
If a tenant is seeking an outdoor business area permit, the application shall include written authorization of the landlord.
If the applicant is seeking to extend the outdoor business area beyond his or her immediate storefront, the application shall include written consent of the owner and/or tenant of the building adjacent to the applicant's place of business.
Modification. The Building Inspector, or his or her designee, may modify an outdoor business area permit at any time and for any reason, including but not limited to modifying the location of any structure or furnishing, the size of the permitted outdoor business area or permitted capacity of the outdoor business area. The Building Inspector shall provide written notice to the applicant. Such written notice shall be personally served on the applicant.
Revocation of a permit.
The grounds upon which a permit may be revoked by the Building Inspector, or his or her designee, at his or her sole discretion shall include but shall not be limited to:
The permit was issued in error, or issued in whole or in part as a result of a false, untrue, or misleading statement on the permit application or other document submitted for filing.
Use of the property for an outdoor business area creates a hazard or public nuisance, threat to public safety, or other condition which negatively impacts the use and/or enjoyment of surrounding properties, or threatens the peace and good order, or quality of life in the surrounding community.
Failure to comply with any provision of this chapter or any other applicable law or regulation or term or condition of the permit.
The Building Inspector, or his or her designee, upon determination that a violation of this chapter exists, shall perform personal service of a notice of violation/order to remedy same to the permittee or to his/her representative indicating the date and time of service and the specific violation(s) in question. All noticed violations of this chapter shall be cured within 24 hours of service of the notice. Failure to correct all violations within 24 hours may result in the revocation or suspension of the outdoor business area permit.
In addition to or in substitution for the suspension or revocation of a license for use of public property, the Village Board of Trustees may impose an administrative sanction in an amount determined by it to be the cost to the Village of the applicant's failure to comply with the terms of this section or the permit issued to the applicant pursuant hereto, which such sanction shall be deducted by the Village Treasurer from the applicant's cash deposit. The suspension, revocation or other action taken pursuant to this subsection shall not relieve the applicant or any other person from any liability which may be imposed pursuant to other sections of this chapter.
All outdoor business area permits shall be valid until December 31, 2020, except that permits issued for use of a public street shall only be effective during such time that the public street is closed to vehicular traffic and authorized for such use by the Village.
Neither the adoption of this chapter nor the granting of any license pursuant hereto shall be construed as a waiver of any right, privilege or immunity of the Village of Pleasantville concerning its public easement over the streets and sidewalks, or of any requirement of law concerning the liability of the Village of Pleasantville with respect to streets and sidewalks, whether expressed or implied.
Any person who shall violate any of the provisions of this chapter shall be liable to prosecution in the Village Justice Court and shall, upon conviction thereof, be liable to a fine that shall not exceed $500, imprisonment for not more than 13 days, or both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
An administrative fee as set forth by resolution of the Village Board in the Master Fee Schedule, which may be amended, is required upon the issuance of an application.
Should any section or provision of this chapter be determined by any court of competent jurisdiction to be unconstitutional or invalid, then such section or provision shall be null and void and shall be deemed separable from the remaining sections of this chapter, and such determination shall in no way affect the validity of the remaining sections or provisions of this chapter.