[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.]
A.
On January 30, 2020, the World Health Organization designated the
novel coronavirus, COVID-19, outbreak as a public health emergency
of international concern.
B.
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.
C.
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.
D.
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.
E.
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.
F.
There is growing consensus among experts that the risks of contracting
or spreading the coronavirus while outdoors are acceptably low if
precautions are taken.
G.
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:
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.
A.
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).
B.
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.
C.
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.
D.
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 October 31, 2021, unless further extended by the Village Board of Trustees by resolution, 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.
[Amended 12-28-2020 by L.L. No. 5-2020]
E.
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:
A.
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:
(1)
The outdoor business area shall not be used for any purpose other
than for the approved business use.
(2)
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.
(3)
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.
(4)
The outdoor business area must meet Fire Department standards, including
points of egress, access to fire extinguishers, and tent and awning
ratings, if applicable.
(5)
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.
(6)
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.
(7)
The outdoor business area shall at all times be kept free and clear
of garbage, litter, refuse, rubbish and debris.
(8)
All furnishings shall be removed and stored indoors at closing in
an approved manner when the outdoor business area is not in operation.
(9)
No permanent structure may be installed.
(10)
All outdoor business areas shall be closed, including cleanup,
on or before 10:00 p.m. each day.
(11)
The applicant shall be responsible for any damage caused to
any sidewalk or public property as a result of the business operations.
(12)
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.
(13)
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.
(14)
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.
B.
Requirements applicable to all outdoor dining areas.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
C.
Requirements for use of public property.
(1)
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.
(2)
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:
A.
The name and address of the applicant.
B.
The name and address of the retail business, gym operations, personal
care service business or restaurant.
C.
Approval from the New York State liquor authority to serve alcohol
in the outdoor business area, if applicable.
D.
Insurance certificates, naming the Village of Pleasantville as an additional insured, pursuant to § A190-4, if applicable.
E.
A drawing showing the following:
(1)
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.
(2)
The proposed capacity of outdoor business area.
(3)
A statement of the days and hours of intended operation.
(4)
The applicant's entire property and adjacent properties on a location
map and all property lines.
F.
If a tenant is seeking an outdoor business area permit, the application
shall include written authorization of the landlord.
G.
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.
A.
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.
B.
Revocation of a permit.
(1)
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:
(a)
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.
(b)
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.
(c)
Failure to comply with any provision of this chapter or any
other applicable law or regulation or term or condition of the permit.
(2)
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.
(3)
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.
[Amended 12-28-2020 by L.L. No. 5-2020]
All outdoor business area permits shall be valid until October
31, 2021, 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. Upon
written request to the Building Inspector, an outdoor business area
permit may be extended past October 31, 2021, for additional periods
of up to six months each at the Building Inspector's sole discretion.
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.
