1.1.
Purpose,
Scope, Authority.
The purpose of this bylaw is to provide
for the licensing of outdoor dining areas of appropriate design, configuration,
and appearance that will be an amenity to the town during the spring,
summer and fall. The select board may issue annual outdoor dining
licenses which shall be for the period from April 1st to October 31st.
Licenses shall be valid for one (1) season and must be reapplied for
annually.
[FTM Art. 15, 11/2/2015]
1.2.
Conditions
of the License.
The select board shall impose such conditions
on each license as the board determines to be appropriate and in the
best interest of the town. License fees shall be established by the
select board. The select board may also make such regulations governing
outdoor dining licenses as the board considers to be necessary or
appropriate to carry out the purposes of this bylaw.
[FTM Art. 15, 11/2/2015]
2.1.
Outdoor
dining areas containing six (6) or more seats shall be separated from
their surroundings by a perimeter fence or barrier (such as potted
plantings or temporary bollards). No such fences or barriers may damage
the public sidewalk or any portion of the public right-of-way. Perimeter
treatments, umbrellas, furniture and trash receptacles shall be supplied
by the applicant and shall be maintained in a safe and sanitary manner
by the applicant. All trash receptacles shall be covered and trash
removed nightly. All perimeter treatments, umbrellas, furniture and
trash receptacles must be removed at the end of each season.
[FTM Art. 15, 11/2/2015]
2.2.
All street
furniture must be secured or stored inside the building during the
hours it is not in use. Street furniture may not be stored in areas
where food preparation occurs.
[FTM Art. 15, 11/2/2015]
2.3.
Outdoor
dining areas may be placed on the public sidewalk, and on existing
on-street parking spaces on public ways.
[FTM Art. 15, 11/2/2015]
2.4.
Outdoor
dining areas may not be placed in a travel lane on public ways.
[FTM Art. 15, 11/2/2015]
3.1.
In no event
shall the placement of outdoor dining furniture, umbrellas, perimeter
fences or barriers create a pedestrian or wheelchair passage width
of less than forty-eight (48) inches. Restaurants shall have an accessible
path of travel through the dining area at least thirty-six (36) inches
wide.
[FTM Art. 15, 11/2/2015]
4.1.
Due to
the seasonal and temporary nature of an outdoor dining area, the seating
within an outdoor dining area will not be considered an increase in
the number of seats serving a restaurant or eating establishment and
will not be counted toward any off-street parking requirement.
[FTM Art. 15, 11/2/2015]
5.1.
Filing
Procedure.
Application for outdoor dining licenses shall be made to the select board, and a copy shall be submitted to the board of health, fire department, engineering department, planning department, public safety officer and the ADA coordinator for their review. When located within the center business district or other mixed use zoning districts, the applicant shall consult with the design review committee prior to seeking a license. Each application will include the name, address and telephone number of the restaurant owner, the proposed dates and times of operation, and a plan meeting the requirements of Section 5.2 below.
[FTM Art. 15, 11/2/2015]
5.2.
Plan Requirements.
A neatly drawn scaled plan and ten (10) copies shall be submitted
with the application depicting the precise dimensions and location
of the outdoor dining area; the arrangement of outdoor dining furniture,
perimeter fencing, umbrellas, and any other obstruction; and the width
of sidewalk available for pedestrian and wheelchair passage. The plan
will also include a written description of the colors and materials
to be used in the outdoor dining area. Photographs or samples of proposed
furniture and materials shall be provided upon request of the select
board or design review committee.
[FTM Art. 15, 11/2/2015]
5.3.
Insurance.
The licensee shall carry or require that there be carried workers’
compensation insurance for all employees and those of its contractors
and/or subcontractors engaged in work at the dining facility, in accordance
with the state workers’ compensation laws. The licensee shall,
prior to the issuance of the license, furnish a certificate of insurance
to the town evidencing coverage for workers’ compensation insurance.
In addition, the licensee shall carry comprehensive public liability
and property damage liability insurance and, if applicable, liquor
liability insurance, to cover the licensee and its contractors and
subcontractors against claims due to accidents which may occur or
result from operations under the license. Such insurance shall cover
the use of all equipment related to the provision of sidewalk dining
services. The comprehensive general liability policy shall insure
against all claims and demands for bodily injury and property damage
with respect to the sidewalk dining facilities and services and shall
be in such form and amount as determined by the select board. The
town shall be named as an “additional insured” in all
policies for such insurance. The licensee (and their heirs, successors
and assigns in interest) shall also agree to hold harmless, defend
and indemnify the town of Winchester and its employees and agents
from any responsibility, liability and claims arising out of or related
to the operations under the license. Where such insurance is renewed
or replaced, the licensee shall furnish the town with a certificate
of insurance evidencing the same.
[FTM Art. 15, 11/2/2015]
5.4.
Approval.
[FTM Art. 15, 11/2/2015]
(a)
The
select board may approve an outdoor dining license after determining
that the design and location of an outdoor dining area is suitable
to its environs and that all other requirements of the license have
been met. The select board shall consider any comments made by the
board of health, safety officer, design review committee and ADA coordinator
prior to rendering a decision.
(b)
Upon
approval of an outdoor dining area license by the select board, the
owner and operator of the restaurant and the select board shall sign
a license agreement prepared for these purposes by town counsel and
shall pay any applicable license fee prior to the commencement of
any activities under the license.
(c)
Outdoor
food preparation shall not be allowed unless approved by the board
of health in accordance with their procedures and regulations.
(d)
Approval
of an outdoor dining area license shall not be construed as an approval
of any other license or an approval for the alteration or extension
of premises where alcoholic beverages are served. The serving or consumption
of alcohol outside of premises duly licensed to serve alcohol is expressly
forbidden unless approved by the select board.
If any provisions, paragraphs, sentence, or clause of this bylaw
shall be held invalid for any reason, all other provisions shall continue
in full force and effect. [FTM Art. 15, 11/2/2015]
