[Added 6-16-2020; amended in its entirety 3-15-2022]
The ongoing COVID-19 pandemic has caused countless unforeseeable difficulties in municipalities across our nation. It is in the public interest at this time for every municipality to make reasonable accommodations and allowances for persons and businesses who have received municipal licenses, particularly when the licensed activities provide services to the public. This article establishes rules and regulations under which the holder of a valid license for an eating and drinking establishment under Article II of this chapter may apply for a permit to use, for a temporary period of time as stated herein, certain specified public property of the City of Saratoga Springs as a temporary outdoor seating area for said eating and drinking establishment.
The rules and regulations established in this article shall
be in addition to and not in limitation of the other articles in this
chapter. If any rule or regulation in this article shall be in conflict
with any other rule or regulation elsewhere in this chapter, as said
rules or regulations may be applicable to a temporary outdoor seating
area permit as herein described, the rules and regulations of this
article shall have priority.
[Amended 7-5-2022; 5-16-2023]
The City Council hereby designates the Commissioner of Accounts,
with the advice and consent of the Commissioner of Public Works, as
the officials who together shall have authority to establish areas
of public property, including but not limited to sidewalks, as well
as privately owned parking facilities and privately owned lands immediately
contiguous to eating and drinking establishments licensed under this
chapter when such privately owned parking lots and privately owned
lands have been opened to and made accessible to the general public,
for use by licensed eating and drinking establishments as temporary
outdoor seating areas. Temporary outdoor seating areas shall operate
in compliance with the New York State Uniform Codes, the Americans
with Disabilities Act,[1] and the applicable provisions of the Code of the City
of Saratoga Springs. Notwithstanding any other provision of this article,
all licenses for temporary outdoor seating areas issued for privately
owned parking facilities and privately owned lands shall expire at
12:00 midnight on November 1, 2023.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
Any person or legal entity who is the holder of a valid license for an eating and drinking establishment issued pursuant to Article II of this chapter may make application to operate a temporary outdoor seating area, in connection with said eating and drinking establishment. The application shall be in writing on forms provided by the Department of Accounts, and shall contain the following:
A.
Name, physical address, mailing address, email address, and telephone
number of the eating and drinking establishment.
B.
Name, physical address, mailing address, email address, and telephone
number of the applicant.
C.
An accurate drawing showing the location, dimensions, and barriers
of the temporary outdoor seating area requested, location of tables,
location of seats, distance between tables and seats, aisles, entrances
and exits, and location and specification of emergency fire equipment.
D.
A narrative summary of the services to be provided.
E.
Verification of any required submission to the State Liquor Authority
for the expanded area, including but not limited to a supervision
and control plan.
[Amended 11-1-2022]
A.
Applications
shall be submitted to the Department of Accounts for review. Upon
receipt, the Department of Accounts shall refer the application to
the Committee on Outdoor Dining for comments and recommendations.
In addition to and not in limitation of the foregoing, the Department
of Accounts shall also refer applications for locations within Architectural
Review Districts, Historic Review Districts, or City Landmark Districts
to the City's Design Review Board (DRB) for review. The Committee
on Outdoor Dining shall be constituted by the following members: the
Battalion Chief of the Fire Department, the Director of Risk and Safety,
the Department of Public Works Business Manager, a representative
from the Mayor's office, and a representative from the Finance Department.
The Department of Accounts may then issue a permit, conditioned upon
such reasonable limitations and requirements as it may deem necessary
in the interest of public health, safety and welfare. Final approval
of permits shall be authorized by the City Council upon motion and
vote.
B.
For
temporary outdoor dining establishments, beginning on January 1, 2023,
the applicant must obtain the approval of the Design Review Board
(DRB) if the outdoor dining location is located within any area designated
within an Architectural Review District, Historic Review District,
or City Landmark District as described in the Unified Development
Ordinance.[1] The DRB shall use the review criteria for such plans relating
to an outdoor dining establishment's specific location, size and structure
for its compatibility of scale, design and material as described in
§ 240-13.9 of the Unified Development Ordinance. The DRB
shall only have advisory review over colors used for the temporary
outdoor seating locations. Any alteration in the plans for an outdoor
dining location requires approval from the DRB. Once approval is granted
by the DRB, the approved plans are valid and do not require annual
approval. The DRB shall only review applications which have the written
approval from the Departments of Public Works and Public Safety and
the Building Department.
[1]
Editor's Note: The Unified Development Ordinance is on file
in the City offices.
No permit shall be issued until the following insurance has
been provided therefor:
A.
A certificate of insurance for commercial general liability insurance,
including personal injury liability insurance, in the amount of $1,000,000
per occurrence and $2,000,000 aggregate, naming the City of Saratoga
Springs as an additional insured on a primary and noncontributory
basis. The City of Saratoga Springs must be listed as the certificate
holder with the physical address of Department of Accounts — Suite
14, 474 Broadway, Saratoga Springs, NY 12866.
[Amended 11-1-2022]
B.
Proof of New York State statutory workers' compensation and employer's
liability insurance for all employees.
C.
If alcoholic beverages are consumed in the temporary outdoor seating
area, a certificate of insurance for liquor legal liability insurance
in the amount of $1,000,000 bodily injury and property damage per
each occurrence. Such insurance must contain a provision that the
Commissioner of Accounts of the City of Saratoga Springs be notified
if the policy is cancelled or if there has been a material change
in coverage and/or conditions. The City of Saratoga Springs must be
listed as the certificate holder with the physical address of Department
of Accounts — Suite 14, 474 Broadway, Saratoga Springs,
NY 12866.
[Amended 11-1-2022]
D.
The certificate of insurance must name the City of Saratoga Springs
as an additional insured on a primary and noncontributory basis and
shall be addressed to the attention of:
[Amended 11-1-2022]
|
Department of Accounts — Suite 14
|
|
City of Saratoga Springs
|
|
474 Broadway
|
|
Saratoga Springs, NY 12866
|
|
Attention: City Clerk's Office
|
E.
The permit holder shall acknowledge that failure to obtain such insurance
on behalf of the municipality constitutes a material breach of the
contract and subjects the permit holder to liability for damages,
indemnification and all other legal remedies to the City of Saratoga
Springs. The permit holder shall provide the City with a certificate
of insurance naming the City as an additional insured on a primary
and noncontributory basis prior to the issuance of any permit under
this article. The failure to object to the contents of the certificate
of insurance or the absence of same shall not be deemed a waiver of
any and all rights held by the municipality.
F.
The permit holder shall indemnify and save harmless the City of Saratoga
Springs, its agents and employees (hereinafter referred to as "City")
from and against all claims, damages, losses and expenses (including,
but not limited to, attorneys' fees) arising out of or resulting from
the permitted activity, sustained by any person or persons, provided
that any such claim, damage, loss or expense is attributable to bodily
injury, sickness, disease, or death, or to any injury or destruction
of property caused by the tortuous act or negligent act or omission
of the permit holder or the permit holder's employees, agents or subcontractors.
A temporary outdoor seating area permitted under this article
shall be subject to the following regulations:
A.
The permit holder shall accept the temporary outdoor seating area
as is, and shall maintain the area and keep it clean and free of debris
and impediments.
B.
The permit holder shall clean up and dispose of all garbage and debris
throughout the use of the allocated space and at the end of each business
day.
C.
The permit holder shall immediately notify the City of any defects
or deficiencies in the surface of the temporary outdoor seating area
and adjacent curbs and walkways.
D.
Serve no alcoholic beverages in the temporary outdoor seating area
after 2:00 a.m. or before 8:00 a.m. All service of any kind whatsoever
shall cease at 2:30 a.m. and not begin until 8:00 a.m.
[Amended 11-1-2022]
E.
All persons must vacate the temporary outdoor seating area no later
than the close of business each evening, and, if so required by the
terms of the permit, all furniture, barriers, utensils, and other
material and equipment used for the temporary outdoor seating area
must be removed from the area or properly secured no later than the
close of business each evening.
F.
Upon expiration of the permit, all elements of a temporary outdoor
seating area shall be removed and the area shall be returned to its
original state.
G.
No music from any source shall be played at any time.
H.
No smoking shall be allowed at any time.
I.
Copies of all certificates held by the permit holder from the New
York State Department of Health, the New York State Liquor Authority,
and the City of Saratoga Springs shall be prominently displayed in
the seating area.
[Added 11-1-2022][1]
The Commissioner of Accounts is hereby authorized to regulate
the operation of temporary outdoor seating areas through the promulgation
of appropriate rules, regulations, and specifications.
A permit issued pursuant to this article shall constitute a
revocable license to temporarily occupy a designated area of public
property during a period of emergency. It confers no vested rights
of any kind and it may be revoked at any time upon action of the City
Council repealing this article or upon a finding of the designated
permit issuing official, after due process, for any of the following
reasons:
A.
That the permit holder has violated any provision of this article
or this chapter.
B.
That the permit holder has violated any provision of the New York
State Building and Fire Codes.
C.
That the permit holder has not maintained required insurance.
D.
That the permit holder has not complied with an imposed requirement,
condition, or regulation.
E.
Any other conduct which evidences the inability of the permit holder
to safely occupy the temporary outdoor seating area.
F.
That, regardless of any conduct on the part of the permit holder,
the temporary outdoor seating area cannot be safely occupied.
A schedule of fees shall be developed prior to each season.
Such schedule shall be adopted by resolution of the City Council.
This article shall take effect immediately upon enactment by
the City Council.
