For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning.
RESTAURANT
An indoor facility established primarily for the serving of food and drink and offering tables and chairs for the use of dining patrons. A facility established for the primary purpose of serving alcoholic beverages, e.g., bar, pub, and saloon, is not a restaurant for the purposes of this article. A facility which is solely "take-out" is also not a restaurant for the purposes of this article.
SIDEWALK CAFE
The use of partitioned sidewalk space to accommodate tables, benches, chairs, and the serving of food and drink to patrons of a restaurant fronting on that space.
Any person wishing to operate a sidewalk cafe shall obtain a license, at no charge, from the Town Clerk first. Each applicant for a sidewalk cafe license shall complete an application provided by the Town Clerk, providing all pertinent information as well as the maximum number of patrons to be served, and shall provide plans and specifications detailing the area to be used for the sidewalk café. Said license shall be renewable on January 1 of each year.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Sidewalk cafes shall be permitted only in front of operating restaurants that are permitted conforming uses as provided by Chapter 300, Zoning and Land Use. A restaurant seeking to expand a preexisting nonconforming use shall be required to obtain the appropriate variance from the Planning Board first. A restaurant located on a corner may use the sidewalk space fronting either (or both) sides of the restaurant for sidewalk cafe operations.
[Amended 10-5-2015 by Ord. No. 21-2015]
All sidewalk cafes shall comply with the following regulations:
A. 
All sidewalk cafes shall leave four feet of unencumbered sidewalk space for pedestrian traffic. If umbrellas are proposed, no canopy may extend into the sidewalk area reserved for pedestrian traffic.
B. 
The outdoor area upon which a sidewalk cafe has been authorized to operate pursuant to this chapter may constitute premises duly licensed for the sale and consumption of alcoholic beverages, provided that the related restaurant of which the cafe is a part and of which it is an extension is so licensed, and provided further that specific approval has been obtained from the Town for the extension of the alcoholic beverage consumption license to the outdoor cafe. Such approval shall be separate from, and must be obtained in addition to, the license to operate an outdoor cafe pursuant to this chapter. Patrons of an outdoor cafe that does not have a liquor license to sell alcoholic beverages on the outdoor area upon which the outdoor cafe has been authorized to operate pursuant to this chapter may consume alcoholic beverages provided by such patron (BYOB).
C. 
All tables, chairs, and items related to serving food and beverages shall be removed from the sidewalk at the close of business each day.
D. 
Food service shall be available at all times in which the sidewalk cafe is open for business.
E. 
All areas comprising the sidewalk cafe, including tables and chairs, shall remain clean and orderly at all times.
F. 
The number of patrons served in the sidewalk cafe shall be limited to the maximum number indicated on the sidewalk cafe license. No persons other than those being served and restaurant personnel shall be within the sidewalk cafe area except for those persons passing through the sidewalk cafe area to enter or exit the restaurant proper.
G. 
State and local health, safety and sanitation regulations applicable to restaurants generally shall also apply to sidewalk cafes.
Sidewalk cafes shall be permitted to operate from April 1 through October 31 in any given year. The hours of operation shall be limited to 6:00 a.m. through 10:00 p.m., Sunday through Thursday; and 6:00 a.m. through 11:00 p.m., Fridays and Saturdays. When permitted by this article, alcoholic beverages shall not be served in any sidewalk cafe before 12:00 p.m. on any day.