Town of Ossining, NY Outdoor Permit, Temporary

Upon application, the Building Inspector is hereby authorized to issue a permit to remain in effect for a period not to exceed 45 days to a legally operating fully enclosed eating and drinking establishment or eating and drinking establishment use as set forth in the Town of Ossining Zoning Code, to provide outdoor seating for patrons on the establishment's private property upon the establishment complying with all of the requirements and conditions set forth in § 136-2 to the reasonable satisfaction of the Building Inspector. The Building Inspector may grant the permit for less than 45 days in his reasonable discretion based upon the circumstances warranting the granting of the permit.

An application for the first temporary outdoor dining permit must be made at least 10 days in advance of the establishment seeking to utilize outdoor dining. Renewal applications for subsequent permits must be issued five days prior to the active permit expiring. If the establishment fails to timely apply for a permit or a renewal, the establishment must cease any and all operations authorized by the permit if and until a new permit is issued.

This permit only authorizes outdoor seating, not congregating or standing outside. An open-air tent without sides or flaps may be provided to cover the area of outdoor seating. When the Building Inspector reasonably believes it is appropriate and necessary based upon information provided by the applicant, the Building Inspector may, in his discretion, allow the establishment to have a tent that is enclosed with sides or flaps and heating devices, provided the heating devices are portable and comply with all applicable safety regulations, including but not limited to the Uniform Fire Prevention and Building Code.

§ 136-2 Requirements for temporary outdoor dining permit.

In its application to the Building Inspector for a temporary outdoor dining permit, the establishment shall include the following information:

Certificate of occupancy or other documentation demonstrating that the establishment is legally operating within the Town

An explanation of why, due to a risk to public health, safety and welfare, the establishment cannot utilize any or all of the designated indoor space for the service of patrons, such that there is a need to provide outdoor dining.

A plan showing where the seating will be provided both indoors and outdoors, which plan must show a potential seating capacity not to exceed the maximum permissible indoor capacity but for the risk to public health, safety and welfare that precludes the establishment from utilizing any or all of the designated indoor space for the service of patrons.

If seating is going to be provided in a designated parking area, a plan showing vehicular and pedestrian access, internal vehicular circulation and the number of parking spaces available for patrons to demonstrate, to the reasonable satisfaction of the Building Inspector, sufficient parking on the site.

Any other information the Building Inspector determines to be reasonably necessary.

§ 136-3 Compliance with all other laws.

Except to the extent stated herein, the establishment shall be required to comply with all other applicable federal, state and local laws, rules, regulations and executive orders, including but not limited to, the Uniform Fire Prevention and Building Code, New York State Department of Health Regulations, New York State Liquor Authority Regulations and the Town Code.

§ 136-4 Building Inspector authority.

The Building Inspector is authorized to review applications and issue permits only when in his reasonable opinion all applicable conditions and requirements of this article have been satisfied.

Upon the Building Inspector's determination that all applicable conditions and requirements of this article have been satisfied, the Building Inspector may issue the temporary outdoor dining permit without any further review or approval required by any Town official, department and/or board.

In the event the Building Inspector determines that after a permit is issued the establishment is not complying with the conditions and requirements of this article, the Building Inspector may immediately revoke the temporary outdoor dining permit and the establishment shall cease all activity authorized by the temporary outdoor dining permit immediately.

In receiving the temporary outdoor dining permit, the establishment authorizes the Building Inspector, and any other designated Town official or employee, to enter the property and the interior of the premises in order to ensure compliance with this article.

Issuance of one temporary outdoor dining permit does not require the Building Inspector to issue subsequent permits. With each temporary outdoor dining permit application or renewal application, the establishment is required to demonstrate compliance with all conditions and requirements of this article.

§ 136-5 Site plan approval.

[Amended 8-24-2021 by L.L. No. 7-2021]

The establishment may apply for and, upon compliance with this article, obtain an unrestricted number of temporary outdoor dining permits for a twelve-month period. However, if in the course of the twelve-month period from when the establishment received its first temporary outdoor dining permit, the establishment has applied for and/or received five or more temporary outdoor dining permits, at the end of the twelve-month period from when the establishment received its first temporary outdoor dining permit, if the establishment wishes to continue outdoor dining on the premises it must apply to the Planning Board for site plan approval or amended site plan approval, as the case may be.

In an effort to assist eating and drinking establishments in recovering from the financial impacts of the COVID-19 pandemic, the state enacted legislation (S.6353-A/A.7733) that enables those businesses licensed by the State Liquor Authority to sell alcohol for on-site consumption to use municipal or other nearby private space for outdoor dining until July 7, 2022 ("State Law"). In order to be consistent with state policy, the Town Board wishes to modify the requirements for local establishments to obtain temporary outdoor dining permits as a result of the COVID-19 pandemic, subject to the following:

(1)

In order to be eligible for the provisions set forth in this Subsection B, the establishment must have duly applied for and received at least one temporary outdoor dining permit as a result of the COVID-19 pandemic prior to July 7, 2021.

(2)

The establishment may continue to obtain temporary outdoor dining permits until July 7, 2022.

(3)

All the provisions of this article shall continue to apply and the establishment must comply with all of the requirements of this article in order to be entitled to a temporary outdoor dining permit, except for the following:

(a)

Subsection A to the extent it limits the number of permits that can be issued in a twelve-month period without being required to obtain site plan approval or amended site plan approval, as the case may be; and

(b)

Subsection B to the extent it requires the establishment to explain why, due to the risk to public health, safety and welfare, the establishment cannot utilize any or all of the designated indoor space for the service of patrons.

(4)

Effective July 8, 2022, any establishment that has obtained at least five temporary outdoor dining permits during any twelve-month period may only continue to have outdoor dining if it has obtained site plan approval or amended site plan approval, as the case may be, from the Planning Board prior to July 8, 2022. No further temporary outdoor dining permits, renewals or extensions may be issued by the Building Inspector after July 8, 2022 without compliance with this Subsection B(4) and the Zoning Code. In issuing any temporary outdoor dining permits or extensions pursuant to this Subsection B, the Building Inspector shall notify the establishment of the requirements set forth in Subsection B(4).

§ 136-6 Penalties for offenses.

A violation of any provision or requirement of this article or a violation of any statement, plan, application, permit or certificate required, issued and/or approved under the provisions of this article, or of the terms or conditions contained therein, shall be considered an offense punishable by a fine of not less than $100 nor more than $5,000 or imprisonment for a period not to exceed 15 days, for both such fine and imprisonment. Each and every day that any such violation continues after the specified time to abate shall constitute a separate offense.