No person shall pile, deposit or place or cause
or permit to be deposited, piled or placed any rubbish, wood or coal,
merchandise, dirt, impediment or obstruction of any kind upon or over
any sidewalk or so occupy or obstruct any sidewalk as to interfere
with the convenient use of the same by pedestrians.
No person shall erect, set up or maintain any
portico, platform or doorstep extending into any street, town way
or sidewalk.
No person shall erect, construct, maintain or
keep any cellar door or passageway into any cellar, basement or excavation
of any kind extending into or occupying part of any street, town way,
sidewalk or public passageway unless such doorway, passageway or excavation
is kept covered with a suitable and substantial plank covering or
grate, level with the sidewalk or street.
[Added 5-9-2000; amended 3-26-2024]
A. It shall be unlawful for any person to place installations for food
and retail business on sidewalks or parking spaces appurtenant and
contiguous to said person's restaurant or retail facility without
first obtaining an outdoor restaurant and retail ("ORR") permit in
compliance with the provisions of this section.
B. Such an ORR permit shall allow outdoor restaurant and retail areas
between April 1 and November 30 annually. The period of time may be
extended at the discretion of the City Manager.
C. Applicants for an ORR permit under this chapter must file with the
Department of Developmental Services (DDS) an application in writing,
on a form to be furnished by the DDS, which shall give the following
information:
(1) A neatly drawn, scaled site plan depicting the precise area of the
proposed outdoor dining or retail area, the arrangement of outdoor
furniture, perimeter fencing, umbrellas, outdoor heaters, and any
other equipment that is required, photographs of any proposed furniture,
and areas designated for picking up take-out food;
(2) A certification that all current property taxes due on the applicant's
licensed premises are paid if the property is owned by the applicant;
(3) An agreement to permit the City to periodically verify the accuracy
of information contained in the application and an agreement to provide
information requested to verify the accuracy of the information and
the certifications contained in the application.
D. Requirements for licensing of ORR permits under this chapter shall
be as follows:
(1) All services and customer activity must occur within the designated
outdoor dining or retail area;
(2) Patrons must always wear shoes and shirts;
(3) Smoking is prohibited in all outdoor dining and retail areas;
(4) All outdoor installations must maintain at least one opening for
ingress and egress;
(5) All outdoor installations shall abide by all requirements of the
currently adopted International Building Code;
(6) All outdoor installations shall abide by all applicable federal,
state and local laws and regulations, including but not limited to
the Americans with Disabilities Act;
(7) To the extent applicable, outdoor installations must adhere to all
regulations pertaining to food and beverage enforced by the Board
of Health and License Commission. Outdoor food preparation is not
allowed unless specifically authorized by the Health Department. Approval
of an outdoor dining area shall not be construed as approval for the
alteration or extension of the premises where alcoholic beverages
are served. The serving or consumption of alcohol outside the premises
of a duly licensed establishment to serve alcohol must be approved
by the License Commission on a case-by-case basis. Establishments
with alcohol licenses may submit an additional request for a temporarily
amended alcohol license to the License Commission. The only change
permitted is to the description of the premises providing that alcohol
may be served in outdoor seating that was added or re-configured pursuant
to this section;
(8) All areas within and surrounding an outdoor dining or retail area
must be maintained in a clean, neat, and sanitary condition;
(9) In no event shall the overall number of seated customers exceed the
number of seats available; and
(10)
Outdoor installations proposed for a private parking lot shall
not occupy more than 50% of the parking in the private lot.
E. The permit holder is responsible for proper supervision of the outdoor
dining or retail area to ensure the requirements of this chapter are
met.
F. For every ORR permit granted under this chapter there shall be paid
to the DDS a fee set by said Department.
G. The DDS shall have aesthetic review responsibility for seating enclosures,
tables, chairs, and accessories and may establish standards for the
same.
H. The Department of Developmental Services (DDS) shall, upon written
application and payment of any required fees, review said applications
and use their discretion to notify appropriate departments including
but not limited to the License Commission, Economic Development, Historic
Board, and Health Department of the application. The DDS shall also
refer the application to the Department of Public Works for the Fire
Department of the application contains elements that warrant their
review, including but not limited to parklet barriers, accessible
ramps, or outdoor heaters. If the outdoor seating plan is approved
by each of the aforementioned departments, each said department shall
forward said approval to the DDS for administrative approval. If the
application for the ORR permit involves the installation of outdoor
dining or retail areas in public parking spaces, the DDS shall forward
the application to the City Council for their review.
I. Provided that the applicant submits evidence of compliance with the
requirements of this chapter, the DDS shall issue an ORR permit. Upon
approval of an ORR permit, the owner and operator of the business
and DDS shall sign the permit. Once the DDS provides an ORR permit,
the permit holder shall abide by the following additional requirements:
(1) No person or entity shall cause to be placed within the City's
public ways any furniture without applying for a permit to the DDS
and receiving approval from the City. Such a permit shall be considered
separate and distinct from other permits and licenses issued by the
City, including those for a common victualler license;
(2) The location of the outdoor dining or retail installation must be
directly in front of the business operating the installation and may
not extend beyond the side property lines;
(3) Tables, chairs, benches, food equipment shall be located so that
they do not impede, endanger, or interfere with pedestrian traffic,
with a minimum width of four feet of unobstructed passage for pedestrian
traffic. The permit holder may, with prior approval from the DDS and
the Department of Public Works (DPW), erect temporary barriers on
the street to allow for the passage of pedestrians around the portion
of sidewalks devoted to outdoor dining or retail, provided said temporary
barriers are in compliance with all applicable federal, state and
local laws and regulations, including but not limited to the Americans
with Disabilities Act;
(4) No installation of furniture or other infrastructure shall be affixed,
erected, installed, placed, used, or maintained within five feet of
any marked or unmarked crosswalk or handicapped ramp; or within five
feet of any fire hydrant, fire lane, call box, or bus stop;
(5) Unlicensed furniture within the public ways of the City will be subject
to removal with the cost thereof to be borne entirely by the owner.
Fines may be imposed by the City Council not to exceed $300 per day
for removal, storage, or destruction;
(6) No fixtures or devices on which food or beverages are sold or consumed
shall be attached to the sidewalk or other public area. The property
owner is responsible for the restoration of the sidewalk or public
right-of-way if any damage is caused by any such fixtures or devices
attached;
(7) Lighting for outdoor installations is subject to approval during
the permitting process. Tabletop lighting may include candles and
battery-operated fixtures. Seating capacity may not exceed the maximum
number of allowed seats per accessible room according to the Massachusetts
State Building Code; and
(8) Physical barricades surrounding sidewalk dining or retail are required.
Appropriate perimeter materials include but are not limited to demountable
wrought-iron fences, wood or terra cotta planters, or other fencing
deemed acceptable by the DDS. The public sidewalk or street may not
be damaged by the installation of any perimeter treatment. Cafe umbrellas
and furniture should be of a design appropriate to the character of
the building. Trash receptacles are the responsibility of the applicant
to empty and maintain and should be integrated in the design and materials
with other outdoor cafe elements.
J. Insurance required. The permit holder shall carry the following forms
of insurance:
(1) Workers' compensation insurance for all employees and those
of its contractors and/or subcontractors engaged in work at the outdoor
dining or retail installation, in accordance with the Commonwealth
of Massachusetts' workers' compensation laws;
(2) Comprehensive public liability and property damage liability insurance
with limits hereinafter set forth to cover the permit holder and its
contractors and/or subcontractors against claims due to accidents
which may occur or result from operations regarding outdoor dining
or retail installation; and
(3) Comprehensive public liability and property damage liability insurance
against all claims and demands for personal injury and property damage
with respect to the permitted outdoor facilities and services, with
limits of $1,000,000 for property damage, $1,000,000 for injury or
death to one person, and $2,000,000 for injury or death of more than
one person in a single accident.
(4) If such limits are not commercially available at a reasonable cost
to the permit holder, such insurance may be maintained at such lower
limits that are commercially available at a reasonable cost; provided;
however, that the permit holder shall notify the DDS in advance of
the effective date of any such lower limits. The DDS shall name as
an additional insured in all policies for such insurance and the permit
holder shall furnish a certificate of insurance to the City prior
to commencing provision of the facilities and services authorized
under these regulations. Where such insurance is renewed or replaced
the business owner shall furnish the City with a certificate of insurance
evidencing the same.
K. The DDS may revoke ORR permits for failure to maintain the standards
set forth in this chapter. Before such revocation, the DDS shall issue
a notice of intent to revoke an ORR permit, which shall be given seven
days' prior to actual revocation and shall specify the areas
of failure to meet requirements and maintain conditions the City may
have imposed. If, during that period, proof of compliance is made
to the satisfaction of designated City inspectors by the permit holder,
the permit shall be continued in force.
L. All ORR permits issued under the provisions of this chapter/section
shall be valid for a period of one year from the date of issue. The
fee for each renewal ORR permit shall be as provided by the DDS.