[1]
Editor's Note: This ordinance provided a termination date
of 11-1-2022 unless it is renewed prior thereto.
Notwithstanding any other provisions of the Code of the City of Haverhill, including Article XII, Outdoor Dining, and Article XIV, Parklets, of Chapter 222, the following program to allow restaurants, cafes, fast-food outlets, coffee shops, and other similar places of public accommodation offering food and beverages, including alcoholic beverages, ("establishments") for on-premises consumption to operate safely in outdoor settings. Any provision of existing ordinances which is inconsistent with this article shall be temporarily suspended. The provisions of this article shall be available City-wide.
The intent of the program is to facilitate outdoor dining throughout
the City. The City reserves the right to require the user to remove
the street seating if and when it determines it to be necessary, for
any reason and at any time. All furnishings and lighting must be easily
removed at the end of the program period.
Under this program, eligible businesses may be able to temporarily
expand into the following types of outdoor areas:
A.
Private property, including off-street parking lots with the property
owner's consent.
B.
Public right-of-way, including sidewalks, street parking spaces,
public parking lots, boardwalks, public parks and any other public
areas with the permission of the Mayor, and, possibly, closing select
streets.
A.
Private property. These properties can expand outdoors on their own
property or on a neighboring property (with permission from the other
property owner), including using any number of off-street parking
spaces.
B.
Public right-of-way. Proposals to expand into the public right-of-way
will require that a right-of-way inspector, designated by the Director
of Inspectional Services, visit the business location and consider
the closure proposal from a mobility and safety perspective. An inspector
may be able to approve a simple inspection in the field and issue
an approval no later than the following business day. More complex
requests will be reviewed for:
(1)
Safety: ensuring any closure of the public right of way is done
safely;
(2)
Mobility: considering impacts to people's ability to get around
the closure by foot, bike, wheelchair and car and how the proposal
mitigates impacts with a traffic control plan, if necessary;
(3)
Local and emergency access: local access to adjacent homes and
businesses must be maintained.
C.
Once a temporary patio is established, a right-of-way inspector will
do a final inspection.
A.
All conditions and restrictions below apply to the new, temporary
outdoor patio space only.
B.
All establishments must provide food service in order to be eligible
for outdoor dining.
C.
Unless these provisions are renewed or expanded, businesses will
have one week (through November 9, 2022) to remove any fixtures from
their outdoor area.
D.
Hours of operation: Outdoor patios opened under this program must
close by 10:00 p.m. on Sundays through Thursdays and by 11:00 p.m.
on Fridays and Saturdays.
E.
Allowed uses of the patio: Outdoor patios established under this
program can only be used for sit-down food and beverage service or
customer pickup and carryout service.
F.
All seating areas must comply with all applicable federal, state,
and local laws and regulations, including the Americans with Disabilities
Act, and any state-recommended or-mandated COVID 19 distancing and
restaurant service policies.
G.
To prevent additional encroachment onto public space and to contain
the sale of alcohol within the establishment's public right-of-way
seating area, the area must be separated from any pedestrian walk
space with a nonmovable system of enclosure, such as decorative fencing
with removable bollards. Establishments using public right-of-way
areas that do not serve alcohol do not need this nonmovable system
of enclosure.
H.
Total seating shall not exceed the restaurant's maximum occupancy.
I.
Only movable tables, chairs, umbrellas and heat lamps shall be placed
on public right-of-way areas. Temporary awnings or tents over the
public right-of-way areas may be used, provided they are approved
by the right-of-way inspector.
J.
They cannot be used for activities that would promote congregating,
involve shared equipment, or amplify sound, including but not limited
to:
Because of the reduced capacity of any establishment due to
safe distancing practices, off-street parking spaces that are required
by the Code to meet a minimum number of spaces may be utilized for
outdoor patio space provided the right-of-way inspector approves the
temporary reduction.
A.
Establishments seeking to institute outdoor dining during this period
to serve food and beverages shall apply for and obtain a permit to
be issued by the Director of Inspectional Services. No other permit
or license shall from any other board, department or officer of the
City shall be required. No public hearing and no other notice or hearing
other than what is specifically required by this ordinance or by state
law shall be required; however, any permit application shall be sent
to the Police Chief, Fire Chief and Department of Public Works Director,
or their designees, who shall review and comment on the application
within two business days of receipt of the application.
B.
The online permit application shall request:
(1)
Description and diagram of the area where service will be provided,
include the number and type of tables, chairs, umbrellas, tents, awnings,
heat lamps and any barriers, railings or other temporary dividers
to be used;
(2)
Contact information for the restaurant owner, and if any expansion
is planned in public areas or onto the property of adjacent owners,
contact information for the adjacent owner.
(3)
The number of tables and occupancy of each proposed table and
what services will be required in the expanded area and whether the
applicant wishes to provide table service, and whether alcohol or
food will be served.
(4)
Applicants shall also provide a certificate of insurance and
a sidewalk bond, both of which shall name the City as an insured.
C.
If the establishment is seeking to serve alcoholic beverages in the
outdoor dining area, the application shall also be referred to the
License Commission for compliance with any requirements of the Massachusetts
Alcoholic Beverages Control Commission (ABCC). In the event that a
hearing is required by the License Commission, a meeting shall be
held within two weeks. No fee of any type shall be required unless
required by state law. The application shall be allowed unless the
License Commission can state clear and coherent reasons for denial.
The License Commission shall be able to set reasonable terms and conditions
regarding the serving of alcohol if allowed by law; however, the License
Commission shall not in any way contradict the intent or purposes
of these provisions.
D.
Any requests to close streets or alleys for the purpose of on-premises
consumption in outdoor settings shall be acted on by the Director
of Inspectional Services, after consultation with the Police Chief,
Fire Chief and Department of Public Works Director, or their designees.
An application fee of $200 for a permit shall be paid at the
time of filing for a new permit.
For the duration of this article, eligible businesses may install temporary signs in excess of the allowed size or number permitted by Chapter 255 Zoning of this Code. Temporary signs must be made of fabric, vinyl, paper, or corrugated plastic, and, must be affixed to the eligible business' building or property or within a permitted use of public right-of-way space. Signs must allow for at least four feet of clearance for pedestrians, although at least six feet is preferred. Temporary signs that adhere to these requirements do not need a building permit.
Parklets, as defined by § 222-84 of the Code, shall be permitted and established according to the provisions of this article during this temporary period.
