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, certain specified public property of the City of Saratoga Springs as an outdoor seating area for said eating and drinking establishment.
[Added 6-16-2020; amended 3-15-2022; 7-5-2022; 11-1-2022; 5-16-2023; 1-2-2024; 1-16-2024]
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.
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, for use by licensed eating and drinking establishments as outdoor seating areas. 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.
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 an 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 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.
A.
Applications shall be submitted to the Department of Accounts for review. Upon receipt, the Department of Accounts shall refer the application to the Department of Public Works, the Department of Public Safety, and the Building Department 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 City Council may, from time to time, establish a Committee on Outdoor Dining to advise and assist the Department of Accounts in reviewing applications. The Department of Accounts may, upon review of the application and upon due consideration of comments from the forenamed officials, issue a permit, conditioned upon such reasonable limitations and requirements as it may deem necessary in the interest of public health, safety and welfare.
B.
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 the Unified Development Ordinance. The DRB shall only have advisory review over colors used for the 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.
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 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.
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:
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.
An outdoor seating area permitted under this article shall be subject to the following regulations:
A.
The permit holder shall accept the 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 outdoor seating area and adjacent curbs and walkways.
D.
Serve no alcoholic beverages in the 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.
E.
All persons must vacate the 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 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 an 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 between the hours of 12:00 midnight and 8:00 a.m., or at any other time that is prohibited by condition of the permit.
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.
J.
The permit holder shall comply with all provisions of the Code of the City of Saratoga Springs.
K.
No signs shall be hung or attached o any portion of the outdoor seating area. Licenses and authorizations required to be posted for business operations and street addresses are not considered signage.
L.
Outdoor seating areas, including associated furniture, shall be located in such a position that will allow the maintenance of at least five feet of unobstructed (for a height of seven feet) hard-surfaced sidewalk for a clear pedestrian through zone. The pedestrian through zone is the primary accessible pathway on the sidewalk that runs parallel to the street.
The Commissioner of Accounts is hereby authorized to regulate the operation of 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 outdoor seating area.
F.
That, regardless of any conduct on the part of the permit holder, the outdoor seating area cannot be safely occupied.
All permits issued under this article shall expire at 12:00 midnight on November 1 in the year the permit is issued.
A.
A schedule of fees shall be established from time to time by the City Council for the initial and subsequent licensure of outdoor seating areas. A schedule of all such fees will be available for review in the Office of the City Clerk and on the City's web page.
B.
Payment of the applicable fee under this section shall be due upon filing or renewal of the outdoor seating areas annual license.
This article shall take effect immediately upon enactment by the City Council.