[HISTORY:[1] Adopted by the Board of Trustees of the Village of Rye
Brook 6-9-2020 by L.L. No. 4-2020. Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. A257, Fees, adopted 4-24-2001, was
repealed 8-26-2003 by L.L. No. 13-2003. The current License and Fee
Schedule is on file in the Village Clerk's office.
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 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.
Any outdoor space utilized for outdoor retail sales, gym
operations, outdoor personal care services or outdoor 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 food
establishments may seek approval to create and/ or expand outdoor
retail sales areas, gym operations, personal care service areas and
outdoor dining areas, referred to as "outdoor business areas." No
person shall establish or expand an outdoor business area on private
or public property except upon the granting of an outdoor business
area permit at the discretion of the Building Inspector. No retail
business, gym operation, personal care service or food establishment
is eligible for an outdoor business area permit unless it is an essential
business as defined by New York State Empire State Development or
unless the phase within which the industry is classified is cleared
for opening by New York State in accordance with the New York Forward
phased re-opening plan.
B.
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 250, Zoning.
C.
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.
D.
A permit shall not be required for curbside pickup. Curbside pickup
shall not be implemented in a manner that blocks traffic or fire access
lanes. Within a shopping center, customers utilizing curbside pickup
shall be instructed to park their vehicle in a striped parking space
to receive their purchased goods.
A.
All applications for an outdoor business area permit shall be on
a form provided by the Village and shall contain the following information:
(1)
The name, address of the applicant.
(2)
The name and address of the retail business, gym operation, personal
care service or food establishment.
(3)
A signed license agreement for the use of public property, if applicable.
(4)
Approval from the New York State Liquor Authority to serve alcohol
in the outdoor business area, if applicable.
(5)
Insurance certificates, naming the Village of Rye Brook as an additional
insured, if using public property.
(6)
A sketch with sufficient detail showing the 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.
(7)
A statement describing the proposed use of the outdoor business area,
including days and hours of intended operation and proposed capacity.
(8)
Map indicating the location of the business within the property as
well as the names of the three adjacent businesses on each side of
the applicant clearly identifying the location of the outdoor business
area.
(9)
If a tenant is seeking an outdoor business area permit, the application
shall include written authorization from the landlord.
A.
The Building Inspector is hereby authorized to grant an outdoor business
area permit upon the applicant's demonstration of compliance
with the following requirements:
(1)
General requirements.
(a)
The outdoor business area shall not be used for any purpose
other than for the approved business use.
(b)
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.
(c)
The number and location of all tables, displays, service stations,
registers and any other equipment, furnishings or structures installed
in the outdoor business area are subject to approval by the Building
Inspector, in accordance with all applicable State Code and ADA requirements.
(d)
If not located on a sidewalk, there must be a physical barrier
or separation to protect patrons and employees from vehicular traffic,
such as bollards, planter boxes or "jersey" barriers.
(e)
All furnishings shall be removed and stored indoors at closing
in an approved manner when the outdoor business area is not in operation.
(f)
No permanent structure may be installed.
(g)
The applicant shall be responsible for any damage caused to
any sidewalk or public property as a result of the business operations.
(h)
All outdoor business areas shall be closed to all lawful permitted
activities, including cleanup, on or before 10:00 p.m. each day.
(2)
Requirements applicable to outdoor dining areas.
(a)
All food and beverages to be served or consumed in the outdoor
business area shall be prepared within the existing food establishment.
The food establishment shall not serve food or beverage to a patron
unless that patron is seated at a table.
(b)
The operator of the food establishment shall procure the appropriate
approval from the State Liquor Authority if the food establishment
intends to serve alcoholic beverages in the outdoor business area
and shall comply with all other laws, regulations and guidelines concerning
the serving of alcoholic beverages. The required approval must be
submitted to the Village before the operator may serve alcoholic beverages
in the outdoor business area. All alcoholic beverages to be served
in the outdoor business area shall be prepared within the existing
food establishment, and alcoholic drinks shall only be served to patrons
seated at tables.
B.
The Building Inspector may impose reasonable conditions on the approval
of an outdoor business area permit related to the outdoor business
area's size, location, impact on available parking, pedestrian
safety, noise, and the public health, safety and welfare.
C.
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.
A.
Modification. The Building Inspector 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 permittee of any such modifications.
B.
Revocation.
(1)
The grounds upon which a permit may be revoked or suspended, in the
Building Inspector's 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,
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, 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 the event that the Building Inspector determines that the outdoor business area permit is to be revoked or suspended, a stop-work order shall be issued in accordance with Chapter 214 of Village Code.
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.
