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.
A. 
No person shall engage in the operation of a sidewalk cafe or in sidewalk vending except upon the granting of a revocable permit therefor by the Building Inspector pursuant to this article and in accordance with the terms and conditions of such permit.
B. 
The Building Inspector is hereby authorized to grant revocable permits for the use of sidewalks for sidewalk cafes and sidewalk vending upon the following terms and conditions:
(1) 
Permits for commercial use of a sidewalk and the activities they regulate shall be valid only during a single calendar year. A permit for a sidewalk cafe shall be valid only from April 1 through October 31 of the calendar year for which it is issued. A permit for sidewalk vending shall be valid from January 1 through December 31 of the calendar year for which it is issued.
(2) 
The permitted activity shall be conducted only as an accessory to a business establishment lawfully operating on the first floor of premises in the B1 Zoning District, on the sidewalk in front of the principal place of business of such establishment and by the entity which operates such establishment. All sales shall be conducted within such establishment. No cash register or other equipment for the collection or exchange of currency or for otherwise receiving payment for goods and services, other than a portable, handheld device for processing credit or debit cards, shall be permitted on the sidewalk.
(3) 
Any tenant applying for a permit shall have the written and notarized consent of the owner of the premises in front of which the permit activity is to be conducted.
(4) 
No commercial use of a sidewalk shall be permitted where the distance between the curbline and the front of the nearest structure is less than six feet.
(5) 
Any sidewalk vending or sidewalk cafe may be permitted within the area between the curbline and the front of the nearest structure only when placed in a manner previously approved by the Building Department to i) preserve an open pedestrian walkway of no less than four feet from all furniture, tree pits, and any other structures; ii) prevent any hazard to pedestrians; and iii) maintain compliance with all ADA codes and regulations.
(6) 
The applicant shall at all times maintain free and clear from all obstruction an aisle in width not less than the width of the door providing access to any establishment fronting on said sidewalk plus four feet, to be established and maintained by providing three feet on the side of the door in the direction the door opens and one foot on the opposite side of the door.
(7) 
No part or item of a sidewalk cafe or sidewalk vending use may be permanently affixed to the sidewalk or any building. The applicant shall be responsible for any damage caused to any sidewalk or public property.
(8) 
The sidewalk cafe or sidewalk vending use shall not interfere with access to any public service facility.
(9) 
No outdoor lighting or live or mechanical music shall be permitted.
(10) 
No sidewalk cafe or sidewalk vending shall be permitted beyond the hours the entity with which it is associated is open to the public. Any displays, materials for sale, or other accessories permitted by a valid sidewalk vending permit shall be placed on the sidewalk no earlier than 30 minutes before the associated entity is open for business and shall be removed from the sidewalk no later than 30 minutes after the associated business is closed for business.
(11) 
The applicant shall agree, on a form approved by the Village Attorney, to indemnify and save harmless the Village of Briarcliff Manor, 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 sidewalk cafe or sidewalk vending use.
(12) 
The applicant shall obtain and maintain in full force and effect throughout the term of the permit a policy of general liability insurance, which shall cover any liability related to the use of the sidewalk for business, and which shall name the Village of Briarcliff Manor, its officers, agents, attorneys and employees as additional insured, have a combined single limit of not less than $1,000,000 and contain a provision prohibiting its cancellation except upon 20 days' notice to the Village of Briarcliff Manor. The applicant shall file with the Village Clerk, prior to the issuance of the permit, a certificate evidencing the requisite insurance.
(13) 
The applicant shall file with the Village Treasurer, prior to the issuance of the permit, a cash deposit in an amount to be set forth by resolution of the Village Board of Trustees in the Master Fee Schedule, which may be amended from time to time, as security for the faithful performance by the applicant of the terms and conditions of the permit. Said deposit shall be maintained by the Village Treasurer in a designated account for the benefit of the applicant and shall be returned to the applicant with interest within 30 days of the termination of the permit. Said cash deposits shall be maintained at the amount set forth in the Master Fee Schedule, and if utilized by the Village pursuant to this article, shall be replenished to the original amount within 30 days of withdrawal.
(14) 
Any other conditions the Building Inspector shall deem to be reasonable and necessary to protect the health, welfare and safety of the public, including the denial of the application.
(15) 
The applicant shall delineate the area of a sidewalk cafe by a removable physical barrier separating patrons from pedestrian traffic. The delineation and layout of the cafe area shall be consistent with the site plan submitted to the Building Inspector by the applicant.
(16) 
Furnishing of a sidewalk cafe shall consist solely of readily removable umbrellas, covers, railings, tables, chairs, planters containing live plants, waste receptacles, propane or electric heaters, and accessories. All such furnishings shall be removed from the sidewalk, and stored in an approved manner, during any time a permit is no longer valid, including any month not covered by a valid permit, or at any time a permit has otherwise been revoked or terminated. Any use or placement of propane or electric heaters must be included in the application for permit, compliant with the Fire Code of New York State and approved by the Building Inspector.
(17) 
All food and beverages to be served or consumed at a sidewalk cafe must come from within the existing restaurant or retail food store upon which the sidewalk cafe permit has been granted. No food or beverages shall be served to a patron at a sidewalk cafe area unless that patron is seated at a table and such food or beverages are served to such patron by an employee of the sidewalk cafe. All plates, cups and utensils and other items for serving or consuming food and beverages shall be of nondisposable material.
(18) 
The applicant shall be responsible for obtaining, maintaining in full force and effect, and complying with the terms and conditions of any permit that may be required under any other law or regulation for the serving of food or beverages, including alcoholic beverages.
(19) 
As per Article XX of the Westchester County Sanitary Code, smoking is strictly prohibited in any outdoor service area, including patios, decks and sidewalks, of any restaurant or other establishment serving food or drink.
(20) 
The public property on which sidewalk cafes and sidewalk vending uses are located, and the surrounding area, shall be kept free and clear of litter, debris and any substance that may damage the sidewalk or cause pedestrian injury.
(21) 
The applicant shall be responsible for removing all waste and maintaining the area in a clean and orderly fashion.
(22) 
The area used in the sidewalk cafe and sidewalk display shall not be included in the calculation for any parking requirements required by this Code.
(23) 
At any time, the Building Inspector may alter, limit, redesign, or restrict the use of the sidewalk if, in his sole decision, he determines it interferes with pedestrian use of the sidewalk, snow removal, litter pickup, or access for emergency services, or in any other way creates an unsafe or unsightly condition.
A. 
Each year, an application for a permit, or renewal of a previously issued permit, pursuant to this article, shall be made at least 30 days prior to the intended first date of use on a form designated by the Building Inspector and approved by the Village Manager. Such form shall contain at least the following information:
(1) 
The name and address of the applicant.
(2) 
The proposed site for the activity.
(3) 
A site plan showing:
(a) 
The proposed layout, including specification sheets for any planned items to be placed on the sidewalk, showing manufacturer, model number, dimensions, color, material, and the like.
(b) 
The capacity of the existing facility and capacity of any proposed outdoor dining, if applicable.
(c) 
A statement of the months, days and hours of intended operation, and days and hours of the associated business.
(d) 
The applicant's entire property and adjacent properties on the location map with streets for a distance of at least 25 feet, at a scale of one inch equals 10 feet.
(e) 
A detailed plan at a scale acceptable to the Building Inspector, such as 1/2 inch equals one foot, showing the design and location of all temporary and permanent structures occupying the sidewalk space, including, but not limited to, tables, chairs, trees, benches, recycling and trash receptacles.
(4) 
Any other information that the Building Inspector may find reasonably necessary for the fair determination as to whether a permit should be issued.
B. 
The application shall be accompanied by an application fee as set forth by resolution of the Village Board of Trustees in the Master Fee Schedule, which may be amended from time to time.
A. 
The Building Inspector shall grant or deny an application for a permit pursuant to this article within 14 days of its complete submission.
B. 
The Building Inspector may deny any application for a permit under this article for any previous permit holder who, during the previous twelve-month period, had i) been cited for two or more violations under this article, or had ii) been found in violation of any violation of the article resulting in the revocation of the previous year's permit.
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.