[HISTORY: Adopted by the Board of Trustees of the Village of Ossining 11-6-1996 by L.L. No. 7-1996. Amendments noted where applicable.]
[Amended 10-6-2009 by L.L. No. 6-2009]
The sidewalk cafe regulations as established in this chapter are designed to allow sidewalk cafes on public property in locations in the VC, NC-1, NC-2, PC, GB, SP-S, SP-N and PW Districts where they are determined to be appropriate by the Village Manager and to promote and protect the public health, safety and general welfare. The general goals are to:
As used in this chapter, the following terms shall have the meanings indicated:
- SIDEWALK CAFE
- An outdoor dining and drinking area located on a public sidewalk, which is public through dedication, easement or public right-of-way, that provides waiter or waitress service and contains readily removable tables, chairs and railings and may contain planters. It is otherwise unenclosed by fixed walls and open to the air, except that it may have umbrellas.
[Amended 2-15-2017 by L.L. No. 1-2017]
A permit is required to operate a sidewalk cafe. The Village Manager is authorized to issue a permit for the operation of a sidewalk cafe, provided that all of the requirements of § 216-4, Conditions for issuance of permit, and § 216-5, Fees and deposits; failure to comply, have been complied with by the applicant. The permit to operate a sidewalk cafe shall be valid for a calendar year. This permit may be renewed annually, subject to the conditions in this chapter.
A permit for a sidewalk cafe may only be issued to the owner or tenant, with the owner's consent, of a building for the sale of cooked and prepared food and consumption of beverages, except for fast food restaurants, which are located in a zoning district permitting such use which abut a public sidewalk adjacent thereto, provided that the following requirements are met:
The sidewalk abutting the property must be at least eight feet in width as measured from the building line to the curbline;
Except as otherwise provided in this chapter, there shall be a minimum clear distance, exclusive of the area occupied on the sidewalk, free and clear of all obstructions, such as, but not limited to, trees, parking meters, utility poles, streetlights and Village benches or planters, in order to allow for adequate pedestrian movement of four feet; and
[Amended 6-18-2013 by L.L. No. 2-2013]
Sidewalk cafes may only be located directly in front of the restaurant with which they are associated. These requirements may not be waived;
No permanent structures may be affixed to the sidewalk are used for the cafe and the area may be occupied only by chairs, tables, benches, umbrellas and planters, as approved by the Village, for the convenience of the patrons of the sidewalk cafe;
The applicant shall be responsible for delineating the cafe area by setting up a barrier, such as a planter or movable rail fence, to physically separate patrons from pedestrian traffic;
A clear and unobstructed space of not less than three feet in width must be provided from all entrances to the building abutting the sidewalk to the unoccupied portion of the public sidewalk;
Neither outdoor lighting nor live or mechanical music may be used on or for the cafe area, except outdoor lighting may be provided in such cases where streetlighting is insufficient to so illuminate the dining area or prevent a hazard to those traveling the sidewalk;
Prior to the issuance of the permit, the applicant shall file with the Village Manager an agreement executed by the owner and tenant of the building to indemnify and save harmless the Village, its officers and employees against any loss liability or damage, including expenses, costs, including attorneys' fees , for the bodily injury or property damage sustained by any person as a result of the operation, in whole or in part, of the sidewalk cafe on public property;
Prior to the issuance of the permit, the applicant shall also file a certificate of general liability insurance issued to both the owner and tenant as insured and naming the Village, its officers and employees as additional insured in the principal amounts of $1,000,000 per individual and $1,000,000 per occurrence for both personal injury and property damage; and
A site development plan for the sidewalk cafe, drawn to scale, demonstrating compliance with the requirements set forth herein shall be submitted by the applicant to the Village Planner or Planning Department.
An applicant for a sidewalk cafe permit or the holder of an existing sidewalk cafe permit, issued by the Village Manager in accordance with this chapter, may make an appeal to the Village Board of Trustees for a waiver from the setback requirements set forth in § 216-4B as follows:
[Added 6-18-2013 by L.L. No. 2-2013]
The appellant shall provide an advanced written request for consideration addressed to the Board at the Village offices which request shall include at a minimum:
A list with contact information and proof of written notice to the immediately adjacent property and business owners;
The rationale for the appeal, including details of the constraints on the strict compliance with the setbacks, photos or illustrations if appropriate, and an explanation of any unique or unusual circumstances prohibiting strict compliance; and
Such appeal shall be placed on an agenda and discussed by the Village Board at a public meeting at which the appellant, having the burden of proof, shall appear to make a showing of equitable necessity for such waiver, meaning the benefit to the appellant must outweigh the detriment or impacts, if any, to the Village, neighborhood or adjacent business or property owners; and
The adjacent business and property owners to whom the appellant provided notice shall have an opportunity, but not a requirement, to be heard;
After having considered the application and comments at the public meeting, the Village Board may thereafter issue a waiver by formal resolution that may include conditions as may be reasonable under the circumstances, with such resolution setting forth specific details as to the waiver granted from the setback requirements set forth in § 216-4B.
A fee as adopted by resolution of the Board of Trustees shall be required upon issuance or annual renewal of the permit.
In addition, a refundable cash deposit, as determined by resolution of the Board of Trustees, shall be retained by the Village until the expiration of the permit as security for the faithful performance by the permittee of all of the terms, conditions, agreements, covenants and conditions of the permit on the permittee's part to be done or performed. Upon failure or default of the permittee of any of the terms, condition agreements, covenants and conditions of the permit to be performed on the part of the permittee, who shall have no claim against the Village for loss of anticipated profits or any other loss by reason thereof, any balance left after the expense of such default, as determined by the Village Manager, shall be refunded to the permittee; any cost in excess of the deposit shall be charged to the permittee.
All sidewalk cafes shall cease operations by 10:00 p.m. Sunday through Thursday and 11:00 p.m. Friday and Saturday.
All alcoholic beverages to be served at sidewalk cafes shall be prepared within the existing restaurant and shall only be served to patrons while seated at tables. The drinking of alcoholic beverages by a member of the public while a patron of the sidewalk cafe within the confines of the sidewalk cafe area shall not be construed a violation of any local law prohibiting the consumption of alcoholic beverages in a public place or area. The operator of a sidewalk cafe should be in full compliance with the licensing requirements of the State Liquor Authority, as the same may exist, and shall comply with all other law and regulations concerning the sale of alcoholic beverages in the state. In the event that said sidewalk cafe is not in full compliance with the State Liquor Authority laws and rules and regulations concerning the sale of alcoholic beverages, then serving alcoholic beverages in the sidewalk cafe area shall be prohibited; and
The restaurant shall not serve food or beverages to a patron at a sidewalk cafe unless that patron is seated at a table; and
Sidewalk cafes and the public property on which they are located shall be kept neat and clean at all times and free from any substance which might damage the sidewalk or cause injury to pedestrians.
[Added 8-3-1999 by L.L. No. 2-1999]
Any person, firm or corporation who or which shall violate any of the provisions of this chapter or any rule or regulation made pursuant thereto shall, upon conviction thereof, be subject to the penalties as set forth in Chapter 1, General Provisions, Article III. Each day during or on which a violation of this chapter shall occur shall be deemed to be a separate and distinct offense.