[HISTORY: Adopted by the Board of Trustees
of the Village of Fishkill 6-10-1996 by L.L. No. 2-1996. Amendments noted where
applicable.]
[Amended 6-9-2003 by L.L. No. 4-2003; 2-12-2007 by L.L. No.
1-2007]
As used in this chapter, the following terms
shall have the meaning indicated:
An outdoor dining area, located on public property, that
provides waiter or waitress service and contains readily removable
tables, chairs, and removable railings and may contain planters. It
is otherwise unenclosed by fixed walls and is open to the air, except
that it may have umbrellas or other nonpermanent covers.
[Amended 6-9-2003 by L.L. No. 4-2003]
A.
The Village of Fishkill Planning Board is authorized to issue a seasonal license to operate an outdoor cafe on public property, provided that the standards set forth in § 61-3 have been complied with by the applicant. All outdoor dining areas on private property must obtain prior site plan approval subject to all site plan requirements of the Village Planning Board, including but not limited to proof of additional parking, square footage of proposed outdoor dining area, number of seats and any additional information that the Planning Board may deem necessary.
[Amended 2-12-2007 by L.L. No. 1-2007]
B.
The seasonal license shall permit the operation of an outdoor cafe from March 15 up to and including November 15 of any calendar year. This license may be renewed annually in accordance with the provisions set forth in § 61-5.
[Amended 4-8-2014 by L.L. No. 3-2014]
C.
Prior to the issuance of the license, the applicant
shall file with the Village of Fishkill Code Enforcement Officer,
on a form to be provided by the Code Enforcement Officer, 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 an outdoor cafe.
[Amended 5-24-2010 by L.L. No. 6-2010]
D.
Prior to the issuance of the license, the applicant
shall also file with the Code Enforcement Officer a certificate of
insurance demonstrating that the applicant has a satisfactory amount
of public liability and property damage insurance and naming the Village
of Fishkill as co-insured for such insurance covering the operation
of an outdoor cafe.
[Amended 5-24-2010 by L.L. No. 6-2010]
E.
Prior to issuance of the license the applicant shall pay a license fee of $25 per table, per season. Also, prior to the renewal of the license (as set forth in § 61-5 hereof) the licensee shall pay the annual fee.
F.
Site plan.
(1)
A letter of application for site plan approval shall
be submitted along with 10 copies of the site plan to the Village
of Fishkill Planning Board. The letter of application shall state
the name and address of the applicant, the property owner if other
than the applicant, and the name and address of any professionals
engaged to work on the project. Written authorization from the owner
of the property to submit the application shall be required when the
applicant is not the owner of the affected property. In the event
that the Village of Fishkill is the owner of the property, such letter
of authorization shall be obtained from the Village Board of Trustees.
(2)
The site plan shall show the following:
(a)
The applicant's entire property and adjacent properties
on a location map with streets for a distance of at least 25 feet.
(b)
A plan showing the design and location of all temporary
structures (such as planters, landscaping, tables, chairs and other
equipment), as well as lighting and electrical outlet locations, side
and front elevation of the proposed outdoor cafe and of the restaurant's
facade as well as at least 10 feet of the first-story facade of the
adjoining properties.
(c)
The capacity of proposed outdoor dining; a statement
of the months, days and hours of intended operation.
(d)
All exterior lighting shall be shown on the site development plan and shall comply with the standards set forth in § 61-3 of this chapter.
(e)
The outdoor tables shall not exceed three feet in
diameter (length or width).
(f)
The clearance distance from finished grade to bottom
of any awnings, umbrellas, or coverings shall be not less than seven
feet.
(3)
Based upon the review comments as listed above, the
Village Planning Board may issue the license approving the site plan
as submitted or with modifications or any conditions it deems necessary
to implement the intent of this chapter. If the Planning Board disapproves
the site plan or determines not to issue the license, the Board shall
state its reason for this determination in a letter to the applicant.
G.
Any license granted under the provisions of this section may be suspended or revoked by the Code Enforcement Officer, for cause, upon the recommendation of the Planning Board or on the Code Enforcement Officer's own initiative. The licensee may request a hearing before the Zoning Board of Appeals within five days of receipt of notice of suspension or revocation. Any such hearing shall be held after reasonable written notice by the Code Enforcement Officer to the licensee of the violations, and the licensee shall have the right to be represented by counsel, present evidence in his behalf and confront the evidence against him. Cause for the revocation or suspension of a license shall be any violation that may endanger the health and safety of the public or any series of violations that may have been prosecuted separately, pursuant to § 61-4, or any violation that may not have been timely resolved, or any series of violations.
[Amended 5-24-2010 by L.L. No. 6-2010]
[Amended 2-12-2007 by L.L. No. 1-2007]
A.
There shall be a minimum of five feet of clear distance,
exclusive of the area occupied by the outdoor cafe, free of all obstructions
(such as trees, mailboxes, utility poles, etc.) in order to allow
adequate pedestrian movement. Cafes within less than 20 feet of the
extended building line at corner locations shall only be permitted
when it is determined that the use will not create a hazard, or a
sight distance obstruction for motor vehicle operators, nor unduly
impede pedestrian traffic.
B.
Outdoor cafes may only be located directly in front
of the restaurants with which they are associated. These requirements
may, however, be waived by the Planning Board upon appropriate written
permission from the owner and the tenant of the affected adjacent
property or properties, as appropriate. Outdoor dining shall be at
the same elevation as the public sidewalk, and any exceptions must
be approved by the Village Planning Board. Paint, carpeting, artificial
turf, platforms or other surfaces of any kind shall not be permitted
at any time in the outdoor dining facility.
C.
Furnishings of an outdoor cafe shall consist solely
of readily removable awnings, covers, railings, tables, chairs, planters
containing live plants and accessories. Furnishings may not be attached,
even in a temporary manner, to the sidewalk or to any public property,
except that covers and railings may be secured by means of flush-mounted
anchors in a manner to be approved by the Code Enforcement Officer.
No objects which are part of an outdoor cafe, except lighting poles,
railings, awnings or other nonpermanent covers may be attached, even
in a temporary manner, to any building or structure on which the outdoor
cafe abuts. Outdoor dining on public land shall have an approved enclosure.
All planters, railings and fences associated with outdoor dining must
be approved by the Village Planning Board. Railings, fences or other
enclosures shall not be more than 42 inches in height and must be
anchored in a manner to prevent movement. Railings and fences must
be removed from the sidewalk and stored indoors when outdoor dining
is not in seasonal operation. No modifications shall be made to Village
property without approval of the Village Planning Board. Furnishings
for outdoor dining shall consist solely of movable tables, chairs
and decorative accessories. Furnishings must be kept in a state of
good repair and in a clean and safe condition at all times. Tables,
chairs and all other furnishings or accessories may be left in place
overnight during seasonal operation, but shall be removed from the
sidewalk and stored indoors whenever outdoor dining is not in seasonal
operation. It shall be the responsibility of the licensee to secure
furnishings and accessories that are left in place overnight.
[Amended 5-24-2010 by L.L. No. 6-2010]
D.
An outdoor cafe shall not interfere with any public
service facility such as a telephone, mailbox or bench located on
a sidewalk.
E.
Operation of an outdoor cafe shall not adversely impact
on adjacent or nearby residential, religious, educational or commercial
properties and shall be in accordance with all applicable codes and
regulations. No sign shall be allowed at any outdoor dining facility.
One menu board sign may be displayed within the area of the outdoor
dining, mounted on an easel or other easily removable fixture. The
sign shall not exceed six square feet. The outdoor dining area and
adjacent areas shall be periodically cleaned and kept refuse free.
The outdoor dining area and adjacent areas shall be swept and washed
down each night just prior to closing and at other times as needed.
F.
All exterior lighting shall be of such type and location
and shall have such shading as will prevent the source of the light
from being seen from any adjacent residential property, nor shall
it cause illumination beyond the boundaries of the property on which
it is located in excess of 0.5 footcandle, nor shall it have an adverse
impact on the flow of traffic nor shall its design and color be such
as may easily be confused with a traffic signal. Hours of lighting
may be limited by the Planning Board in acting on any site plan.
G.
All electrical wiring and fixtures associated with
or part of the outdoor cafe shall be installed by a licensed electrician
and shall be in conformance with the appropriate Village codes.
H.
Where the use of umbrellas is planned, advertising
on the umbrellas shall be limited to the name of the restaurant. Awnings
shall be adequately secured and retractable. Umbrellas over tables
must be adequately weighted.
I.
Outdoor heaters, busing stations, trash receptacles,
food preparation stations and music shall not be permitted in the
outdoor dining facility.
A.
All outdoor cafes shall close operations by 11:00
p.m. each night.
B.
All alcoholic beverages to be served at outdoor cafes
shall be prepared within the existing restaurant, 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 an
outdoor cafe, within the confines of the cafe area, shall not be construed
as a violation of any code section controlling open containers in
a public area. The operator of the outdoor cafe shall take whatever
steps are necessary to procure the appropriate license from the state
liquor authority if he intends to serve alcoholic beverages in the
cafe area and shall comply with all other laws and regulations concerning
the serving of alcoholic beverages in this state.
C.
The license from the Planning Board licensing the
outdoor cafe in accord with this chapter shall be prominently displayed
next to the liquor license for the restaurant.
D.
The restaurant shall not serve food or beverage to
a patron at an outdoor cafe area unless that patron is seated at a
table.
E.
Outdoor cafes and the property on which they are located
shall be kept neat and clean at all times and free from any substance
that may cause pedestrian injury.
F.
Outdoor music in connection with outdoor cafes is
prohibited.
[Amended 4-8-2014 by L.L. No. 3-2014]
Licenses for outdoor cafes shall be issued on or after March 15 of each year. All such licenses, regardless of when issued, shall expire on November 15 of the year in which they were issued. Such licenses may be renewed annually by the payment of the required fees and filing of new certificates of insurance in compliance with § 61-2 hereof, provided that there have been no changes in the applicant's site plan. In the event that there have been changes from the previously approved site plan, then a new application shall be made in the same manner as original applications. Outdoor cafe licenses are not assignable.
Any person who shall violate any of the provisions
of this chapter shall be liable to prosecution in the Village Justice
Court and shall, upon conviction thereof, be liable for a fine of
up to $100 per violation.
