FOOD ESTABLISHMENT
Any establishment which serves made-to-order food or beverages
for dine-in, takeout, or delivery. Food establishments shall include,
but are not limited to, restaurants, cafes, fast-food establishments
and food establishments within grocery stores.
OUTDOOR BUSINESS AREA
Any outdoor space utilized for outdoor retail sales, gym
operations, outdoor personal care services or outdoor dining pursuant
to an outdoor business area permit.
PERSON
Any individual person, firm, partnership, association, corporation,
company, organization or legal entity of any kind, including public
agencies and municipal corporations.
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 City of Beacon concerning its public
easement over the streets and sidewalks, or of any requirement of
law concerning the liability of the City of Beacon with respect to
streets and sidewalks, whether expressed or implied.
The applicant shall agree, on a form approved by the City Attorney,
to indemnify and save harmless the City of Beacon, 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 City Administrator may modify any requirements set forth
in this chapter, unless required elsewhere by county or state law.
All outdoor business area permits shall be valid until November
15, 2020. Upon written request to the City Administrator the permit
may be renewed for a period of 30 days.
A violation of this chapter shall be an offense punishable by a penalty as provided for in §
1-3, General penalty.
An administrative fee as set forth by resolution of the City
Council in the City of Beacon 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 section of this chapter, and such
determination shall in no way affect the validity of the remaining
sections or provisions of this chapter.