[HISTORY: Adopted by the Board of Trustees of the Village of Mamaroneck 5-11-1998 by L.L. No. 4-1998, effective 5-15-1998. Amendments noted where applicable.]
The sidewalk cafe regulations as established in this chapter are designed to allow sidewalk cafes on public property in locations where they are determined to be appropriate by the Village Manager and to promote and protect the public health, safety, general welfare and amenity. The general goals are to:
Provide adequate space for pedestrians on the sidewalk adjacent to sidewalk cafes and to ensure access to adjacent commercial and retail uses.
Promote sidewalk cafes as useful and properly planned visual amenities which better relate to the streetscape.
Promote the most desirable use of land and buildings in the village.
As used in this chapter, the following terms shall have the meanings indicated:
- Written authorization issued by the Village Manager, pursuant to this chapter, permitting the operation of a sidewalk cafe.
- SIDEWALK CAFE
- An outdoor dining area located on a public sidewalk, which is public through dedication or easement, or a 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 9-23-2013 by L.L. No. 11-2013, effective 10-8-2013]
No sidewalk cafe shall be allowed to operate within the Village of Mamaroneck unless a permit has been issued therefor pursuant to this chapter.
The Village Manager is authorized to issue a permit for the seasonal operation of a sidewalk cafe, provided that all requirements of this chapter are met by the applicant.
A sidewalk cafe permit, regardless of when issued, shall be valid from March 15 up to and including the last Sunday before Thanksgiving of any calendar year and may be renewed annually.
A sidewalk cafe permit shall not be assignable.
Any request or application for a permit to operate a sidewalk cafe or to renew a sidewalk cafe permit issued the previous calendar year shall be made to the Village Manager, in writing, on the application form provided by the Village Manager's office for this purpose.
The request/application shall contain the following information:
The name, address and telephone number of the applicant.
Whether the applicant is the owner or tenant of the premises.
The name, address and telephone number of the restaurant or other food service establishment to be the subject of the application.
The days and hours for which the permit is requested.
Whether alcoholic beverages are to be served.
The number of tables and chairs desired for this area and a rendering of positions of tables relative to entrances, exits and the sidewalk.
A description of facilities and equipment to be used.
Whether music is to be played.
A site plan drawn to scale showing proper clearance around the ingress and egress to buildings and to fire safeguards; also the proper amount of clearance on the sidewalk for pedestrian traffic.
An indication of all fixtures, such as fencing, railings or planters, to be used, and an indication of whether or not they will be removed when the cafe is closed.
A survey map indicating property lines and that property which is owned by the applicant and that which is village-owned.
Any other information that the Village Manager may find reasonably necessary for the fair determination as to whether a permit should be issued.
[Amended 9-23-2013 by L.L. No. 11-2013, effective 10-8-2013]
A permit for a sidewalk cafe may only be issued to the owner or the tenant of a building occupied and used for the sale of cooked and prepared food, except fast-food restaurants, in a zoned district permitting such use and abutting the public sidewalk adjacent thereto, provided that the following requirements are met:
The sidewalk abutting the property, from the property line to the curbline, must not be less than 10 feet.
There shall be a minimum clear distance, exclusive of the area occupied by the sidewalk cafe, free of all obstructions (such as trees, parking meters, utility poles, streetlights, tree grates, etc.) in order to allow adequate pedestrian movement. The minimum clear distance must be in a straight line so as to create a continuous and unencumbered straight path. The minimum amount of clear distance is noted below:
[Amended 9-12-2016 by L.L. No. 15-2016, effective 9-21-2016]
A sidewalk cafe may only be located directly in front of the restaurant or other food service establishment with which it is associated. These requirements may, however, be waived by written permission from the owner and the tenant of the affected adjacent building and store.
No permanent structures may be affixed to the sidewalk area used for the cafe or affixed to the building abutting the area for purposes of the cafe, and the area may be occupied only by fencing, railings and planters and by chairs, tables, benches and umbrellas for the convenience of the patrons to be served in such area.
The applicant shall be responsible for delineating the cafe area by setting up a barrier such as planters, a railing or fencing to physically separate patrons from pedestrian traffic.
A clear, unoccupied space must be provided, not less than three feet in width, from all entrances of the building abutting the sidewalk to the unoccupied portion of the public sidewalk.
Prior to the issuance of a permit, the applicant shall file with the Village Manager an agreement to indemnify and save harmless the Village, its officers and employees against any loss or liability or damage, including expenses and costs for bodily injury and for property damage sustained by any person as a result of the applicant's operation of a sidewalk cafe on public property.
Prior to the issuance of a permit, the applicant shall also file a certificate of general liability insurance naming the applicant and also naming the Village of Mamaroneck, its officers, agents and employees as additional named insureds, with the following limits: for personal injury, $1,000,000 per individual and $1,000,000 per occurrence; and for property damage, $1,000,000 per individual and $1,000,000 per occurrence, effective for the duration of the permit. The level of insurance may be amended by a resolution enacted by the Board of Trustees.
The site plan submitted by the applicant shall comply with all conditions noted herein.
A permit for a sidewalk cafe may not be issued unless the Village Manager finds that:
A restaurant or other food service establishment operating under a special permit issued by the Board of Appeals shall not be required to apply to said board for modification thereof in connection with the use of seasonal sidewalk cafe seats.
There shall be an annual fee, as set forth in Chapter A347, Fees, for the issuance of a sidewalk cafe permit and for the renewal of a permit, which fee shall be based upon the number of square feet of village-owned property utilized for the sidewalk cafe.
In addition, a refundable deposit, or equivalent bond, in an amount to be determined by the Village Manager, shall be retained by the village until expiration of the permit as security for the faithful performance by the permittee of all the terms, agreements, covenants and conditions of the permit on the permittee's part to be done or performed. Upon the failure or default by the permittee of any of the terms, agreements and conditions of the permit on its part to be done or performed, said deposit may be used by the village by reason of such failure or default on the part of the permittee and without prior notice thereof to the permittee, and said permittee shall have no claim against the village for loss of anticipated profits or for any losses by reason thereof. Any balance left after the expense of such failure or default, as determined and certified by the Village Manager, which has been paid and deducted from the amount of the deposit shall be refunded to the permittee. Any excess cost above the deposit shall be charged to the permittee.
All sidewalk cafes shall not open for business before 8:00 a.m. and shall close operations by 11:00 p.m. each night.
Food and beverages shall be served by waiters or waitresses.
All alcoholic beverages to be served at sidewalk cafes shall be prepared within the existing restaurant or other food service establishment, and alcoholic drinks shall only be served to patrons seated at tables. The drinking of alcoholic beverages by a member of the public while a patron at a sidewalk cafe, within the confines of the sidewalk cafe area, shall not be construed as a violation of any local law controlling consumption of alcoholic beverages in a public area. The operator of a sidewalk cafe shall be in full compliance with the licensing requirements of the State Liquor Authority, as may exist, and shall comply with all other laws and regulations concerning the sale of alcoholic beverages in New York State. In the event that said sidewalk cafe is not in full compliance with the State Liquor Authority's laws, rules and regulations, then the serving and consumption of alcoholic beverages in the sidewalk cafe shall be prohibited.
The restaurant or other food service establishment shall not serve food or beverage to a patron at a sidewalk cafe unless that patron is seated at a table.
Food and beverages shall not be served in or on any paper or plastic product of any kind.
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 that may damage the sidewalk or cause pedestrian injury.
No outdoor cooking of any type shall be permitted.
Any outdoor lighting shall be minimal and shall be installed so that direct or indirect illumination from the source of light shall not cause illumination in excess of 0.5 foot-candles on any abutting property.
No live music or entertainment shall be permitted. However, low volume music may be provided until 10:00 p.m., so long as it does not create a nuisance to occupants of surrounding properties.
No additional signage shall be permitted within the sidewalk cafe area.
The sidewalk cafe permit shall be posted on the establishment so that it is visible from the street.
No large containers for trash shall be placed in the sidewalk cafe area.
The public property shall not be altered in any way during the term of the permit.
Any person who violates any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not exceeding $250. Each day that such violation continues shall constitute a separate violation. In addition, the Village Manager may cause any sidewalk cafe existing in violation of this chapter to be removed without notice. A fee of $200 shall be charged to the permittee for the cost of such removal. The village may store the removed cafe equipment and facilities for a period of 30 days and then, if unclaimed, it may destroy or discard said items.
Any person who violates any of the provisions of this chapter or at whose premises a violation of Chapter 254, Noise, of the Village Code occurs two times in one year may have his or her license revoked for one full year and may not be eligible for another license until the expiration of one full year.
Any person who fails to remove a sidewalk cafe by Thanksgiving Day may not be eligible for a license the following year.
[Amended 1-9-2017 by L.L. No. 1-2017, effective 1-23-2017]
Upon a finding by the Village Manager that a permittee has violated any provisions of this chapter, the Village Manager shall give notice to the permittee to correct said operational violation within 24 hours of receipt of said notice. Upon failure to correct said operational violation within 24 hours, the Village Manager may revoke the permit.
Appeals from the denial, revocation, issuance or other condition of a permit may be taken to the Board of Appeals by any aggrieved person within 30 days from the date of the denial, revocation or issuance by filing a written notice with the Building Inspector on forms prescribed by the Board. Each appeal shall refer to the specific relevant provision of the Code, explain the aggrieved person's position with respect to the determination being appealed and state the relief requested. If the appeal is from a denial or revocation, it shall also state the reasons given for said denial or revocation.
Upon receipt of an appeal pursuant to this section, the Building Inspector shall transmit the appeal and all pertinent data and records to the Board of Appeals. The Board shall follow its usual procedures with regard to public notice and hearing. However, the Board shall decide the appeal within 31 days of the hearing and shall file its determination pursuant to statute.
[Amended 9-23-2013 by L.L. No. 11-2013, effective 10-8-2013]
If any section, subsection, clause, phrase or other portion of this chapter is, for any reason, declared invalid, in whole or in part, by any court, agency, commission, legislative body or other authority of competent jurisdiction, such portion shall be deemed a separate, distinct and independent portion. Such declaration shall not affect the validity of the remaining portions of this chapter, which other portions shall continue in full force and effect.