[Added 10-18-2005 by L.L. No. 2-2005]
All provisions of this chapter shall, to the
extent possible, be construed to fulfill the purposes of and to be
consistent with the statement of land use policies, principles, and
guides entitled "Greenway Connections: Greenway Compact Program and
Guides for Dutchess County Communities," as amended from time to time,
and adopted by the Village of Millbrook. Any discretionary actions
taken under this chapter, by a reviewing agency shall be guided by
said statement of policies, principles and guides.
[Added 2-14-2024 by L.L. No. 5-2024]
A.
FOOD ESTABLISHMENT
OUTDOOR DINING AREA
PERSON
Definitions.
Any establishment which serves made-to-order food or beverages
for dine-in, takeout, or delivery. Food establishments shall include,
but are not limited to, restaurants, cafes, delicatessens, fast-food
establishments and food establishments within grocery stores.
A Village sidewalk space utilized for outdoor dining by the
adjacent food establishment pursuant to an outdoor dining area permit.
Any individual person, firm, partnership, association, corporation,
company, organization or legal entity of any kind, including public
agencies and municipal corporations.
B.
No person operating a food establishment shall establish, operate
or expand an outdoor dining area on a Village sidewalk except upon
the granting of an outdoor dining area permit by the Village of Millbrook
Building Inspector. This section shall only permit outdoor dining
on Village sidewalks. The use of any streets or roads within the Village
for outdoor dining shall be prohibited.
C.
The outdoor dining area shall not require land use approvals such
as site plan, special permit, subdivision, variances or any other
discretionary review or approval by any board within the Village.
D.
All applications for an outdoor dining area permit shall be on a
form provided by the Village Building Department and shall contain
the following information:
(1)
The name and address of the applicant.
(2)
The name and address of the food establishment.
(3)
Approval from the New York State Liquor Authority to serve alcohol
in the outdoor dining area, if the food establishment will be serving
alcohol in the outdoor dining area.
(5)
A drawing or photograph showing the proposed layout of the outdoor
dining area.
(6)
A statement describing the proposed use of the outdoor dining area,
including days and hours of intended operation and proposed capacity.
(7)
If a tenant is seeking an outdoor dining area permit, the tenant/application
shall include written authorization from the property owner.
(8)
The application fee in the amount determined each year by resolution
of the Village Board.
E.
All outdoor dining area permits shall be subject to the following
terms and conditions:
(1)
The outdoor dining area shall not be used for any purpose other than
for the approved dining use. No outdoor cooking or preparation of
alcoholic beverages of any type is permitted in the outdoor dining
area.
(2)
The outdoor dining area shall comply with any and all state and local
health, fire, building, sanitation and maintenance codes applicable.
(3)
Sidewalk clearances must be sufficient to ensure a straight pedestrian
path free of obstructions along the entire length of the public sidewalk.
There must be a minimum clear path of at least 30 inches wide for
the pedestrian path.
(4)
Obstructions to entryways, emergency exits, fire hydrants, and any
other public utility are prohibited. Entrances to the sidewalk dining
area must maintain a minimum thirty-inch-wide access way from the
public sidewalk to building entryway.
(5)
No permanent structures may be affixed to the sidewalk used for the
outdoor dining area.
(6)
The number and location of all chairs, tables, benches, umbrellas,
heaters, and planters in the outdoor dining area are subject to approval
by the Building Inspector, in accordance with all applicable New York
State, Dutchess County and Village of Millbrook laws and codes and
Americans with Disabilities Act requirements.
(7)
Tables and chairs shall be constructed of durable materials such
as metal.
(8)
The outdoor dining area shall at all times be kept free and clear
of garbage, litter, refuse, rubbish and debris.
(9)
Any exterior lighting shall not unreasonably illuminate beyond the
boundaries of the outdoor dining area.
(10)
The applicant shall be responsible for any damage caused to
any sidewalk or public property as a result of the outdoor dining
operations.
(11)
The operator of the food establishment shall procure the appropriate
approval from the State Liquor Authority if the food establishment
intends to serve alcoholic beverages in the outdoor dining area and
shall comply with all other laws, regulations and guidelines concerning
the serving of alcoholic beverages. All alcoholic beverages to be
served in the outdoor dining area shall be prepared within the existing
food establishment, and alcoholic drinks shall only be served to patrons
seated at tables.
(12)
Upon the expiration or earlier termination of the outdoor dining
area permit, the applicant shall restore the outdoor dining area to
the same condition it was in prior to the applicant's use of
the outdoor dining area.
(13)
The Building Inspector may impose any reasonable conditions
on the approval of an outdoor dining area permit related to the outdoor
dining area's size, location, impact on available parking, pedestrian
safety, noise, and the public health, safety and welfare.
(14)
All outdoor dining operations shall comply with any applicable
United States Centers for Disease Control, New York State or Dutchess
County guidance, rule, regulation or law concerning required measures
to minimize the spread of COVID-19.
(15)
Outdoor dining shall only be allowed between April 1 and December
1.
(16)
Modification. The Building Inspector may modify an outdoor dining
area permit at any time and for any reason.
(17)
Revocation. The Building Inspector shall have the authority
to revoke or suspend a permit for any of the following grounds:
(a)
The permit was issued in error, or issued in whole or in part
as a result of a false, untrue, or misleading statement on the permit
application or other document submitted for filing.
(b)
Use of the property for an outdoor dining area creates a hazard,
public nuisance, threat to public safety, or other condition which
negatively impacts the use and/or enjoyment of surrounding properties,
or threatens the peace and good order, or quality of life in the surrounding
community.
(c)
Failure of the applicant to comply with any provision of this
section or any other applicable law or regulation or term or condition
of the permit.
F.
Insurance requirements for use of outdoor dining area.
(1)
No outdoor dining area permit shall be issued by the Village Building
Inspector until the applicant provides satisfactory evidence of the
following types of coverage and limits of liability:
(a)
Statutory workers' compensation and employers' liability
policy, with policy limits equal to New York State requirements.
(b)
General liability coverage with limits of insurance of not less
than $1,000,000 for each occurrence and $2,000,000 annual aggregate.
(c)
The Village of Millbrook and its agents, officers, volunteers,
directors and employees shall be named as additional insureds and
included in a waiver of subrogation endorsement.
(d)
The applicant shall maintain these insurance requirements for
itself and all additional insureds for the duration of the outdoor
dining operations.
(e)
The applicant's policy must be primary and noncontributory
to any insurance the Village of Millbrook maintains.
(f)
Certificates of insurance shall provide that 30 days' written
notice prior to cancellation or modification be given to the Village
of Millbrook. Policies that lapse and/or expire during the term of
the outdoor dining area permit shall be recertified and received by
the Village of Millbrook no fewer than 30 days prior to cancellation
or renewal.
G.
Indemnification. As a condition of accepting the outdoor dining area
permit, the applicant agrees to indemnify and save harmless the Village
of Millbrook, 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 outdoor dining
area.
H.
Suspension by Village Board. The Village Board shall have the authority to suspend outdoor dining on Village sidewalks at any time by resolution. Upon adoption of such a resolution of the Village Board, the Village Building Inspector shall immediately revoke all outdoor dining area permits issued in accordance with Subsection E(17) above.
I.
Reservation of rights by Village. Neither the adoption of this section
nor the granting of any permit pursuant hereto shall be construed
as a waiver of any right, privilege or immunity of the Village of
Millbrook concerning its public easement over the streets and sidewalks,
or of any requirement of law concerning the liability of the Village
of Millbrook with respect to streets and sidewalks, whether expressed
or implied.
