[Added 9-8-2003 by L.L. No. 7-2003; amended 9-13-2004 by L.L. No. 7-2004; 5-9-2005 by L.L. No. 6-2005; 4-26-2021 by L.L. No. 2-2021]
Eating or drinking establishments otherwise authorized and in compliance with the provisions of this chapter may, pursuant to the provisions of this article, provide outdoor service of food or drink.
This article shall not be deemed to apply to or prohibit outdoor seating at an establishment which limits its food or beverage sales to what is commonly referred to as "take-out," i.e., an establishment which provides neither interior seating nor outdoor waiter/waitress service.
The following restrictions shall apply to the outdoor service of food or drink:
A. 
Outdoor facilities, other than sidewalk cafes, shall be located upon the same private parcel as the eating or drinking establishment. A sidewalk cafe may be located in whole or in part upon a public sidewalk directly in front of and contiguous to the restaurant with which it is associated.
B. 
Operation of an outdoor facility shall be limited to the overall hours of operation of the eating or drinking establishment, but in no event shall an outdoor facility be occupied by a patron after 10:00 p.m.
C. 
Outdoor facilities shall be used only for seated patrons or patrons standing at what are commonly referred to as "high top tables" i.e., tables at between 40 inches and 42 inches in height.[1]
[1]
Editor's Note: Former Subsection D, regarding calculating parking requirements using capacity, which immediately followed, was repealed 8-9-2021 by L.L. No. 12-2021.
No eating or drinking establishment shall provide outdoor service of food or drink without first obtaining a special permit pursuant to § 350-64 of the Code of the Village of Lancaster.
A. 
Upon receipt of notice that a temporary special use permit has been granted by the Planning Commission, or upon granting a permanent special use permit, the Village Board may within 30 days thereof require a financial guarantee, in the form of cash, a performance bond or other security, that an eating or drinking establishment shall comply with the provisions of § 350-94B and C of this article. The Village Clerk shall give prompt written notice to the temporary special use permit or permanent special use permit recipient of the financial guarantee required by the Village Board. Said financial guarantee may, in the discretion of the Village Board, be required in an amount not exceeding $10,000 and shall be forfeited upon the adjudication by a court of competent jurisdiction that an owner, operator or employee of said eating or drinking establishment operated an outdoor facility or provided outdoor service of food or drink in violation of the provisions of § 350-94B or C of this article. Upon such forfeiture, the special use permit permitting the outdoor service of food or drink shall immediately be deemed terminated without the necessity of further activity by the Village Board, and outdoor service of food or drink and the utilization of any outdoor facility shall be immediately discontinued.
[Amended 1-9-2023 by L.L. No. 1-2023]
B. 
As to a sidewalk cafe, the Village Clerk shall not issue a certificate of compliance pursuant to § 350-97 unless the following is provided:
(1) 
An agreement by the applicant to indemnify, defend and save harmless the Village, its officers, employees and agents from and against any claim, loss, liability or damage, including reasonable attorneys' fees, resulting from bodily injury, including death and property damage, sustained or claimed to have been sustained as a result of the operation of the sidewalk cafe.
(2) 
A certificate of insurance identifying the Village as an additional insured. Attached to each certificate of insurance there shall be a copy of the additional insured endorsement that is part of the applicant's commercial general liability policy. The certificate of insurance shall state that such insurance shall not be canceled or revoked prior to 30 days' written notice to the Village.
(3) 
An agreement by the applicant to be responsible to the Village and to indemnify the Village for any sidewalk damage incurred as a result of the operation of the sidewalk cafe.
[Amended 1-9-2023 by L.L. No. 1-2023]
An eating or drinking establishment subject to the provisions of this article shall not provide outdoor service of food or drink until receipt from the Village Clerk of a certificate of compliance. The Village Clerk shall issue a certificate of compliance when satisfied that the subject eating or drinking establishment has obtained a temporary special use permit or permanent special use permit allowing outdoor service of food or drink at the intended location and has provided the financial guarantees which may be required pursuant to § 350-96.
[Amended 8-14-2023 by L.L. No. 7-2023]
As used in this chapter, "sidewalk cafe" shall mean an outdoor dining facility located in whole or in part upon a public sidewalk. In addition to §§ 350-92 through and including 350-97 and§ 350-97.4, §§ 350-97.2 and 350-97.3 shall apply to sidewalk cafes.
[1]
Editor's Note: In order to maintain the organization of this chapter, §§ 350-97.1 through 350-97.4 were formally adopted as numbered 8-9-2021 by L.L. No. 12-2021.
A. 
Pedestrian or vehicular traffic shall not be impeded or obstructed as a result of the location of a sidewalk cafe.
B. 
In order to allow adequate pedestrian movement there shall be at least four feet of open area, free from all obstructions, such as trees, parking meters, utility poles and the like.
C. 
Sidewalk cafes shall not interfere with any public service facilities, such as mailboxes or benches, located on the sidewalk or located on the public right-of-way.
D. 
[1]Unless otherwise restricted by a licensing authority, if a sidewalk cafe is demarcated to show the boundaries of the cafe, there must be a clearly designated exit to an adjacent sidewalk or street.
[1]Editor's Note: Former Subsection D, regarding the demarcation of boundaries for sidewalk cafes whereat alcoholic beverages are served, was repealed 8-14-2023 by L.L. No. 7-2023. This local law also redesignated former Subsections E through G as Subsections D through F, respectively.
E. 
Sidewalk cafes shall not interfere with immediate access to fire hydrants and fire department connections.
F. 
Notwithstanding one's compliance with other location criteria set forth herein, the Village Board shall have authority to determine the location of tables, chairs or other structures associated with a sidewalk cafe.
A. 
Tabletops upon or extending into public sidewalk areas shall not exceed nine square feet in area.
B. 
Furnishings or structures shall not be attached, temporarily or permanently, to the sidewalk or any other public property.
C. 
Fixed and retractable awnings and umbrellas may be permitted provided that at no time shall any portion of an awning including its supports or an umbrella be lower than 8.5 feet above any adjacent pedestrian walkway over which it may encroach.
D. 
Awnings and canopies shall comply with applicable provisions of the New York State Building Code.
E. 
Open flames, including candles, flaming foods or beverages, and open-flame cooking devices shall be prohibited.
F. 
Smoking shall be prohibited.
G. 
Extension cords, if used, shall comply with applicable provisions the New York State Fire Code.
H. 
Chairs and tables shall not be utilized for the display of merchandise or the advertising of goods or services.
I. 
The permittee is responsible, at all times, for the cleanliness of the cafe, as well as the cleanliness of the abutting sidewalk and curb areas.
J. 
No container or enclosure for trash or refuse may be placed adjacent to or within the confines of the sidewalk cafe.
K. 
The permittee is responsible to assure trash and refuse shall not be deposited into a Village trash receptacle. All trash and refuse shall be moved to and disposed of within receptacles used by the restaurant with which the cafe is associated.
L. 
Chairs, tables, umbrellas, and retractable awnings shall be removed from the public sidewalk area of the sidewalk cafe no later than the closing of the establishment.
M. 
Within a historic district, as designated by the Village Historic Preservation Commission, other than items to be removed from the premises of the sidewalk cafe during nonbusiness hours, there shall be no material change in the appearance of the exterior elements of the property visible from a public street which affects the appearance and cohesiveness of the historic district without first obtaining a certificate of appropriateness issued by the Historic Preservation Commission.
N. 
Portable outdoor gas-fired heating appliances, if used, shall comply with applicable provisions of the New York State Fire Code.
O. 
Notwithstanding one's compliance with other standards set forth herein, the Village Board shall have authority to determine that, in the interest of public safety, additional standards shall be imposed.
The provisions of this article shall be enforced by the Code Enforcement Officer, Fire Inspector or Building Inspector of the Village.