For purposes of this article, the term "sidewalk cafe" shall mean any service of food and/or drink operated, in whole or in part, on a sidewalk or other public property of the City of Saratoga Springs The regulations in this article shall be in addition to and not in limitation of other regulations in this chapter.
[Amended 1-2-2024; 1-16-2024]
Any person, firm or corporation may operate a sidewalk cafe (hereinafter called "cafe") within the City of Saratoga Springs on any sidewalk within the public right-of-way adjacent to the applicant's place of business upon obtaining a sidewalk cafe permit from the Commissioner of Accounts of the City of Saratoga Springs.
[Amended 9-4-2012 by L.L. No. 2-2012; 1-2-2024; 1-16-2024]
Each applicant for a sidewalk cafe permit under this article shall submit a rendering of the plans for a sidewalk cafe to the Commissioner of Accounts, together with a nonrefundable fee of $15. Such plans shall show:
A. 
Has met all the application requirements for an eating and drinking establishment license.
B. 
Has obtained the approval of the Building Inspector for any railing, flooring or other support or enclosure used in the assembly, operation or enclosure of the sidewalk café. No such railing, flooring or other support or enclosure shall be considered an erection of, an addition to, or a structural alteration of a building or structure unless such railing, flooring, or other support or enclosure is permanently attached to such building or structure.
C. 
For sidewalk cafes that did not have a valid sidewalk café permit on or before July 1, 1992, beginning on January 1, 1993, has obtained the approval of the Design Review Board (DRB) if the sidewalk café is located in the public right-of-way within any area designated in § 240-7.5.12 (Architectural review districts). The DRB shall use the review criteria for such plans relating to a sidewalk cafe's specific location, size and structure for its compatibility of scale, design and material as set forth in either § 240-7.4 or 240-7.5, whichever is applicable. The DRB shall only have advisory review over colors used for the sidewalk café. Any alteration in the plans for a sidewalk café requires approval from the DRB. Once approval is granted by the DRB, the approved plans are valid and do not require annual approval. The DRB shall only review applications which have the written approval from the Departments of Public Works and Public Safety and the Building Department as specified in § 136-26. Unless this chapter is amended in the future, all sidewalk café structures that have a valid sidewalk café permit on or before July 1, 1992, shall not be subject to the approval of the DRB, except that all modifications to such structures shall be subject to the approval of the DRB.
D. 
For sidewalk cafes that did not have a valid sidewalk cafe permit on or before July 1, 1992, beginning on January 1, 1993, that the applicant has obtained the approval of the Design Review Board (DRB) if the sidewalk cafe is located in the public right-of-way within any area designated in § 240-7.20 (City landmark or historic districts) or § 240-8.14 (Architectural review districts). The DRB shall use the review criteria for such plans relating to a sidewalk cafe's specific location, size and structure for its compatibility of scale, design and material as set forth in either § 240-7.10 or 240-8.9, whichever is applicable. The DRB shall only have advisory review over colors used for the sidewalk cafe. Any alteration in the plans for a sidewalk cafe requires approval from the DRB. Once approval is granted by the DRB, the approved plans are valid and do not require annual approval. The DRB shall only review applications which have the written approval from the Departments of Public Works and Public Safety and the Building Department as specified in § 136-24. Unless this chapter is amended in the future, all sidewalk cafe structures that have a valid sidewalk cafe permit on or before July 1, 1992, shall not be subject to the approval of the DRB, except that all modifications to such structures shall be subject to the approval of the DRB.
E. 
Has complied with all rules, regulations and specifications promulgated by the Commissioner of Accounts pursuant to this article.
A. 
Before any sidewalk cafe permit is issued pursuant to this article, the plans submitted to the Commissioner of Accounts, pursuant to this article, shall be referred to the Commissioners of Public Safety and Public Works and the Building Department, who shall recommend approval, disapproval or modification of said plans. For sidewalk cafes that did not have a valid sidewalk cafe permit on or before July 1, 1992, beginning on January 1, 1993, a sidewalk cafe in the public right-of-way within the T-6 Zoning District shall be located in such a position that will allow the maintenance of at least eight feet of unobstructed (for a height of seven feet) hard-surfaced sidewalk between the sidewalk cafe and any, tree, bench, pole, post, sign, flower bed, news rack or other obstacle in the public right-of-way. The sidewalk cafe shall be located only in front of the establishment that is owned or leased by the licensee and shall not extend more than 10 feet from the facade of the building and, in any case, shall not extend on the east side of Broadway more than 35% and on the west side of Broadway not more than 55% of the total width of the sidewalk measured from the property line to the edge of the street pavement. Except for properties fronting on Broadway, the Commissioners of Public Works and Public Safety and the Building Department may, in their sole judgment, reduce the required eight feet of unobstructed sidewalk to five feet, provided that the sidewalk cafe does not extend more than 60% of the total width of the sidewalk measured from the property line to the edge of the street pavement. Unless this article is amended in the future, all cafe structures that have a valid sidewalk cafe permit on or before July 1, 1992, shall not be subject to these siting criteria, except that all modifications to such structures shall be subject to the siting criteria.
B. 
No signs shall be hung or attached to any portion of the sidewalk cafe, except those signs on an awning that are in compliance with provisions set forth in Chapter 240-6.1.
[Amended 9-4-2012 by L.L. No. 2-2012]
C. 
The Commissioners of Public Safety and Public Works and the Building Department may impose any other restriction on the location, size or design of the sidewalk cafe that, in their sole judgment, protects the health, safety and welfare of the public.
[Amended 1-2-2024; 1-16-2024]
Upon approval by the Commissioner of the plans submitted by the applicant pursuant to § 136-26, the Commissioner shall issue a sidewalk cafe permit, valid for a period between April 1 and November 1 of a calendar year, to the applicant upon the payment to the Commissioner by the applicant of an annual license fee upon the applicant furnishing to the City of Saratoga Springs the following:
A. 
An agreement by the applicant to repair, at the expense of the applicant, any damage caused to the sidewalk in the operation of the sidewalk cafe. The Commissioner of Accounts may require a bond, in an amount to be fixed by the Commissioner, to be filed by the applicant.
B. 
Written authorization for the location, size or design from the Department of Public Works, Department of Public Safety, the Building Department and the Design Review Board.
C. 
Proof that the applicant has been issued an eating and drinking establishment permit by the City of Saratoga Springs under Article II of this chapter.
D. 
Fees shall be established from time to time by the City Council for the licensure of sidewalk cafes. A schedule of all such fees will be available for review in the Office of the City Clerk and on the City's web page.
E. 
Payment of the applicable fee under this section shall be due upon filing or renewal of the sidewalk cafe annual license.
[Amended 1-2-2024; 1-16-2024]
A sidewalk cafe authorized and operated pursuant to this article shall:
A. 
Comply with all plans submitted to and approved by the Commissioner of Accounts under § 136-26 of this article.
B. 
Serve no alcoholic beverages on or at any sidewalk cafe after 2:00 a.m. or before 8:00 a.m. All service of any kind whatsoever shall cease at 2:30 a.m. and not begin until 8:00 a.m.
C. 
By no later than 2:30 a.m., remove all patrons from the sidewalk cafe and, by no later than the closing of the establishment, have all furniture, utensils, containers or any other materials used in the operation of the sidewalk cafe or within the area used by the sidewalk cafe removed from the sidewalk cafe area, provided that any railing, flooring or other support or enclosure used in the assembly, operation or enclosure of the sidewalk cafe may be allowed to remain on the sidewalk area if specifically permitted in the Commissioner's approval of the sidewalk cafe plans under Subsection A above. No sidewalk cafe shall remain open after 2:30 a.m.
D. 
Remove all sidewalk cafe structures by November 1 and not install prior to April 1 in any year for which a license is granted.
E. 
No music, from whatever source (acoustical, electric or other), may be played on the premises outdoors between the hours of 12:00 midnight and 8:00 a.m.
F. 
Prominently display its certificate from the New York State Department of Health.
G. 
If applicable, prominently display at all times all licenses and authorizations issued by the New York State Liquor Authority for the dispensing and sale of alcoholic beverages.
H. 
Comply with all other provisions of the Code of the City of Saratoga Springs.
The area encompassed within a sidewalk cafe authorized pursuant to this article shall be considered duly licensed for sale and consumption of alcoholic beverages and shall not be subject to Chapter 61, Alcoholic Beverages, of the Code of the City of Saratoga Springs.