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.
[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