Is any outdoor dining space located upon public property adjacent to a restaurant or noncontiguous to a restaurant where authorized under 28-A M.R.S. § 1051(9).
[HISTORY: Adopted by the Town Meeting of the Town of Rumford 11-4-2025 by Ord. No. 2025-13. Amendments noted where applicable.]
An outdoor dining permit as described herein shall grant a victualer's license holder the ability to use public property for outdoor dining purposes. The Town shall issue such permits only to street/park level restaurants which have a public ingress or egress by door or passageway facing towards the public property. The outdoor dining permit applicant must have an approved victualer's license before the activity is allowed to commence. The outdoor dining permit must be renewed on an annual basis and shall have a term consistent with that of the victualer's license. The applicant for an outdoor dining permit shall maintain general liability insurance in an amount not less than $700,000 with the Town named as an additional insured. The applicant shall provide a certificate of insurance evidencing the required coverage to the Town Clerk prior to the issuance of any outdoor dining permit, and this coverage shall be maintained throughout the term of the permit. Failure to maintain the required coverage shall result in the revocation of the outdoor dining permit.
A.
Outdoor dining permits shall be valid from April 1 through September 30 during the year in which the permit is issued. The Town reserves the right to exclude any particular dates from the outdoor dining season in the interest of public safety.
B.
Outdoor dining hours shall not extend beyond those of the restaurant and, where the use abuts a residential zone, shall be limited to the hours of 7:00 a.m. to 11:00 p.m., unless otherwise approved or limited by Town Board of Selectpersons.
A.
Maximum width. For all outdoor dining areas, the maximum width of the space in which a restaurant may operate outdoor dining shall be no larger than the width of the establishment frontage.
B.
Maximum depth. Where the outdoor dining area is adjacent to a restaurant, the maximum depth of space shall allow for a minimum of four feet of open sidewalk from the outer boundary of the seating area to the curb and/or any fixed objects, and a minimum of five feet on corners, and egress from the building must be maintained free of obstruction per the building code and life safety code.
C.
In public pedestrian areas other than sidewalks or where the outdoor dining area is noncontiguous to a restaurant, the maximum depth of space for outdoor dining shall be no more than half the depth of the public space minus five feet, as measured perpendicular from the side edges of the public pedestrian area to allow for the free flow of pedestrian traffic, and where any fixed object exists within the deducted five feet, the depth shall be measured from the edge of the fixed object minus five feet.
D.
In no case shall the dimensions of the outdoor dining area impede any ingress or egress from any building or infringe upon the space potentially available to another restaurant for outdoor dining use.
The outdoor dining permit application shall include the following:
A.
A plot plan, with:
(1)
A drawing of the lot, where the building sits on the lot along with the lot and building dimensions;
(2)
A depiction of the property lines and the dimensional setback, if any, from the sidewalk to the building;
(3)
The location of the street, and if it is a corner lot, the intersecting streets;
(4)
The sidewalk along with its width and curbing location and any fixed objects such as street signs, benches, esplanades, light poles and trash cans;
(5)
If the outdoor dining is proposed on public property that is not a sidewalk, then the public property must be clearly defined, including dimensions and any fixed objects, such as signs, light poles, trees, planters and trash cans;
(6)
The location of any tables, chairs, barriers, signage and or landscaping placement, and any other components proposed for the outdoor dining activity, and the dimensions of area to be used.
B.
Any other information required on the Town's application for an outdoor dining permit.
C.
The application fee established by the Selectpersons in the Schedule of License, Permit and Application Fees.
D.
Upon receipt of a complete application, the Town Manager's office shall refer the same to the Code Enforcement Officer for a determination to assure compliance with the ordinances, statutes and regulations of the Town and the State of Maine.
A.
After submission of the application with all the required documents and fee, the Town Manager will schedule a hearing before the Board of Selectpersons within 30 days of the application being complete.
B.
Notification of the application's submission and of the date, time and location of the hearing shall be sent by the Town Clerk, by first class mail with certificate of mailing, to all abutting property owners and property owners on the street where the outdoor dining is being requested.
C.
The Board of Selectpersons' authorization of an outdoor dining permit is conditional upon the following being submitted to the Town Manager's office:
(1)
Insurance. The applicant is required to produce and maintain public liability insurance coverage in an amount of not less than $700,000 combined single limit for bodily injury, death and property damage, naming the Town as an additional insured thereon and shall provide proof of same.
(2)
Payment of the Permit Fee established by the Selectpersons in the Schedule of License, Permit and Application Fees.
The license holder understands that the Town of Rumford, its agents, officers and employees accept no responsibility and will not be liable for any injury, harm or damage to the license holder's person or property arising out of the establishment's occupancy of the public way. The Town will not be responsible for damage to any tables, chairs or other property that is not properly removed when the Town is engaged in the maintenance of the public way.
A.
The tables and chairs must be placed within the licensed area in such a manner as to allow the free and safe passage of pedestrian traffic. Failure to contain the tables and chairs to the licensed area may result in a revocation of the license.
B.
The outdoor dining area may include an awning for overhang but the area may not be enclosed and the activity, including overhang, may not extend beyond the licensed area.
C.
The license holder is responsible for keeping the outdoor seating area clean. The sidewalk area where the tables and chairs are located must be kept neat and free from litter and debris.
D.
No food shall be prepared outside.
E.
A fence or barrier shall be erected and maintained around the outdoor dining area.