As used in this chapter, the following terms shall have the
meanings indicated:
OUTDOOR BUSINESS AREA
Any outdoor space utilized for outdoor retail sales, gym
operations, outdoor personal care services or outdoor restaurant 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.
RESTAURANT
Restaurants already 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. Takeout establishments
shall not be permitted to establish or expand outdoor seating areas.
The Town Building Inspector or his or her designee shall grant
or deny an application for an outdoor business area permit pursuant
to this chapter in his or her sole discretion.
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 Town of New Castle concerning its public
easement over the streets and sidewalks, or of any requirement of
law concerning the liability of the Town of New Castle 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 New Castle, 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.
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.
An administrative fee as set forth by resolution of the Town
Board in the Master Fee Schedule, which may be amended, is required
upon the issuance of an application. An additional license fee shall
also be required for the use of any public property and shall be paid
upon the issuance of the license.
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.
[Added 4-6-2021 by L.L.
No. 1-2021]
All outdoor business area permits shall be valid until all requirements
and guidelines set forth in any law, order, directive, or regulation
issued in response to the New York State disaster emergency in response
to the COVID-19 pandemic requiring social distancing is rescinded.
All outdoor business area permits issued prior to November 15, 2020,
not previously revoked or suspended, shall be deemed valid if the
permittee is in compliance with the requirements of this chapter and
any applicable CDC, state, county or local guidance, rule, regulation
or law.