Village of Atlantic Beach, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Atlantic Beach 2-10-1992 by L.L. No. 1-1992. Amendments noted where applicable.]
The Village Board of Atlantic Beach hereby declares it to be in the public interest to prohibit the establishment of sidewalk cafes in order to protect the public health, safety, comfort and welfare of the residents and property.
As used in this chapter, the following terms shall have the meanings indicated:
ENCLOSED SIDEWALK CAFE
A sidewalk cafe which is constructed predominantly of light materials such as glass, slow-burning plastic or lightweight metal.
PERSON
Any individual, firm, partnership or corporation.
SIDEWALK CAFE
A portion of an eating or drinking place, located on a public sidewalk, that is either an enclosed or unenclosed sidewalk cafe.
UNENCLOSED SIDEWALK CAFE
A space on the sidewalk which contains readily removable tables and chairs.
[Amended 8-12-1996 by L.L. No. 3-1996]
A. 
No person, restaurant, delicatessen or other commercial food or drink establishment shall:
(1) 
Sell or otherwise distribute any food or drink upon the sidewalks, streets, roads or other outdoor portion of any public or private place within the village.
(2) 
Have any outdoor seating within their property lines adjacent to or encroaching upon the sidewalks, streets, roads or other outdoor portion of any public or private place within the village.
(3) 
Establish, operate or permit any eating or drinking place or area, enclosed or unenclosed, to be located upon the sidewalks, streets, roads or other outdoor portion of any public or private place within the village.
B. 
Nothing herein contained shall be construed to prohibit outdoor table seating upon the property of beach clubs situate within the village.
C. 
The village, upon application to the Board of Trustee, may permit the sale or distribution of food and drink outdoors, subject to such limitations and conditions as may be imposed by said Board, at an event or occasion for charitable or public purposes.
[Amended 8-12-1996 by L.L. No. 3-1996p Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).p