The sidewalk cafe and sidewalk vending regulations as established
in this article are designed to allow sidewalk cafes and vending on
public property on the terms and conditions as specified in this article
and to promote and protect the public health, safety and general welfare.
These general goals include, among others, the following specific
purposes:
A. To provide adequate space for pedestrians on the sidewalk adjacent
to sidewalk cafe and sidewalk vending areas and to ensure access to
adjacent commercial and retail uses.
B. To promote sidewalk cafes and sidewalk vending as useful and properly
planned visual amenities.
C. To preserve and enhance the character of the B1 Zoning District.
For the purpose of this article, the following terms shall have
the following meanings:
CURBLINE
An area marked by the point at which the curbstone of a roadway
meets or is adjacent to the sidewalk.
PUBLIC SERVICE FACILITY
A public telephone, mailbox, bench, trash or recycling receptacle,
or other facility provided for the use of the general public.
SIDEWALK
Any area between the curbline and a structure, whether publicly
or privately owned, which is used by the public or open to use by
the public.
SIDEWALK CAFE
An outdoor dining area, providing spaces to sit, with tables
located on a sidewalk.
SIDEWALK VENDING
The use of the sidewalk area adjacent to and a part of a
permitted indoor retail establishment for the sale of retail merchandise.
Upon a finding by the Building Inspector that the permit holder
has i) violated any provision of this article, ii) failed to comply
with the terms and conditions of the permit, or iii) engaged in any
practice in conjunction with the regulated sidewalk activity which
constitutes a danger to the health or safety of any patron or pedestrian,
the Building Inspector shall give notice to the permit holder to correct
such violation or cease such practice within 24 hours. If the permit
holder falls to comply with such notice, the Building Inspector may
suspend the permit for a period not to exceed 30 days, during which
time the permit holder shall lose all rights previously granted by
the permit, but be entitled to a hearing before the Village Manager,
at which the permit holder may be represented by counsel, to present
evidence on his or her behalf and contest the charges against him
or her. Upon consideration of the facts presented at the hearing,
the Village Manager may revoke or reinstate, or reinstate the permit
with additional conditions. In the event a permit is suspended or
revoked, no portion of any fees related to the permit or the application
therefor shall be refunded.
Neither the adoption of this article nor the granting of any
permit pursuant hereto shall be construed as a waiver of any right,
privilege or immunity of the Village of Briarcliff Manor with respect
to streets and sidewalks, whether express or implied.
Any person who shall violate any of the provisions of this article
shall be subject to prosecution in the Village Justice Court and shall,
upon conviction thereof, be subject to a fine that shall not exceed
$500, or in the case of operating an outdoor cafe or vending with
a suspended permit, a fine that shall not exceed $1,000 for each such
offense. If a fine imposed pursuant to this section resulting from
the maintenance, use or operation of a sidewalk cafe or sidewalk vending
is not paid within five business days after the fine is imposed, the
Village may withdraw the amount of the fine from the permittee's security
deposit, and revoke the permit for the remainder of the calendar year.
Fees pursuant to this article shall be set forth by resolution
of the Village Board of Trustees in the Master Fee Schedule, which
may be amended from time to time.