[Adopted 6-16-2020 by L.L. No. 3-2020]
As used in this article, the following terms shall have the
meanings indicated:
OUTDOOR BUSINESS AREA
Any outdoor space utilized for outdoor retail sales, outdoor
professional care services or outdoor restaurant dining pursuant to
an outdoor business permit issued pursuant to this article.
PERSON
Any individual person, firm, partnership, association, corporation,
company, organization or legal entity of any kind, including public
agencies and municipal corporations.
RESTAURANT
Restaurants approved for interior seating and in-person dining.
This definition shall not include restaurants that are takeout only
and have not received approval for indoor seating.
The Town Clerk, or his or her designee, shall grant or deny
an application for an outdoor business area permit pursuant to this
article, in his or her sole discretion, in consultation with other
Town staff and officials.
[Added 11-24-2020 by L.L. No. 8-2020]
The Town Clerk, in consultation with Town Clerk to the Director of Planning, Building Inspector, Commissioner of the Department of Public Works, Police Department and Fire Department to the extent required, shall have the authority to extend any permits issued pursuant to this Chapter
86 and shall have the authority to determine when the expiration of such permits shall occur.
Upon a finding by the Building Inspector or the Chief of Police, or their designees, that the applicant has violated any provision of this article or the terms and conditions of the permit, is not in compliance with any approved drawing or has engaged in any practice in conjunction with the regulated outdoor business activity which constitutes a danger to the health or safety of any patron or pedestrian, the Building Inspector or Chief of Police, or their designees, shall give notice to the applicant to correct such violation or cease such practice within 24 hours, and may take action to suspend the outdoor business activity if determined to be a public health or safety concern. If the applicant fails to comply with such notice, the Town Clerk, or his or her designee, in consultation with the Building Inspector, the Chief of Police, and any other Town officials, may revoke the outdoor business area permit or authorize the issuance of a violation subject to the fines as set forth in §
86-10 below.
Neither the adoption of this article nor the granting of any
license pursuant hereto shall be construed as a waiver of any right,
privilege or immunity of the Town of Bedford concerning its public
easement over the streets and sidewalks, or of any requirement of
law concerning the liability of the Town of Bedford with respect to
streets and sidewalks, whether expressed or implied.
The applicant shall agree, on a form approved by the Town Attorney,
to indemnify and save harmless the Town of Bedford, its elected officials,
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.
Any person committing an offense against the provisions of this
article shall be guilty of a violation punishable by a fine not exceeding
$250. The continuation of an offense against the provisions of this
article shall constitute, for each day the offense is continued, a
separate and distinct offense hereunder.
In the event any applicant wishes to appeal the denial of an
application for a permit, or contest the inclusion of any conditions
included in any approval, the applicant may file an appeal with the
Town Supervisor within 30 days of the date of any determination on
such application, and the Supervisor shall render a final written
determination with respect to such appeal within 10 days of the receipt
of the appeal. In determining such appeal, the Supervisor may obtain
input from the Town Clerk and any other Town officials and staff to
determine whether the denial of the permit or inclusion of any condition
in the permit was arbitrary and capricious or unconscionable.
Should any section or provision of this article 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 article, and
such determination shall in no way affect the validity of the remaining
sections or provisions of this article.