As used in this chapter, the following terms shall have the
meanings indicated:
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 or permit pursuant hereto shall be construed as a waiver of
any right, privilege or immunity of the Village of Rye Brook concerning
its public easement over the streets and sidewalks, or of any requirement
of law concerning the liability of the Village of Rye Brook with respect
to streets and sidewalks, whether expressed or implied.
The applicant shall agree, on a form approved by the Village
Attorney, to indemnify and save harmless the Village of Rye Brook,
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 Village 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 December
31, 2020. Upon written request to the Village Administrator, the permit
may be renewed in periods of six months each.
Or
All outdoor business area permits shall be valid until the Governor
rescinds all requirements and guidelines for social distancing.
Any person committing an offense against the provisions of this
chapter shall be guilty of a violation punishable by a fine not exceeding
$250. 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. The provisions of this chapter
are enforceable by the Village Police and the Village Building Inspector.
An administrative fee as set forth by resolution of the Village
Board of Trustees in the Village 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.