[HISTORY: Adopted by the Board of Trustees of the Village of Pelham 6-17-1997 by L.L. No. 1-1997. Amendments noted where applicable.]
GENERAL REFERENCES
Signs, awnings, canopies, marquees and barber poles — See Ch. 77.
Zoning - See Ch. 98.
It is the intent of the Board of Trustees to permit sidewalk cafes in the business districts of the Village. The purpose of this chapter is to regulate such use. The regulations set forth below are intended to enhance the downtown business districts and, make them more attractive, yet ensure the safety and health of the public and not restrict public passage as a result of such sidewalk cafes.
As used in this chapter, the following terms shall have the meanings indicted:
FOOD SERVICE ESTABLISHMENT
A location where food is prepared and intended for individual portion service and that either the Westchester County Department of Health or New York State Department of Agriculture and Markets regulates.
[Added 5-7-2013 by L.L. No. 2-2013]
SIDEWALK CAFE
An outdoor eating area that is:
[Amended 5-7-2013 by L.L. No. 2-2013]
A. 
Located on a public sidewalk adjoining a food service establishment;
B. 
Operated by the adjacent food service establishment;
C. 
Comprised of readily removable furniture and furnishings, such as umbrellas, railings, and planters; and
D. 
Open to the air, except that a retractable awning is permitted.
A. 
Sidewalk cafes may be located on private and/or public property in the business districts of the Village of Pelham. Such districts shall be limited to those zoned B-1, B-2 and B-3, as set forth in Chapter 98 of this Code.
B. 
Pedestrian or vehicular traffic shall not be impeded or obstructed as a result of the location of a sidewalk cafe.
C. 
There shall be at least four feet of open and unobstructed area from the location of any furnishings, property or structures associated with the sidewalk cafe to the curb, free from all obstructions, such as trees, parking meters, utility poles and the like, in order to allow adequate pedestrian movement.
D. 
Sidewalk cafes shall not interfere with any public service facilities, such as telephones, mailboxes or benches, located on the sidewalk or the public right-of-way.
E. 
The specific location of tables, chairs and any other structures related to the sidewalk cafe shall be approved by the Building Inspector. The Inspector shall have authority to determine that tables, chairs or other structures associated with the sidewalk cafe shall not be placed in certain locations, notwithstanding that other locational criteria set forth in this chapter may be satisfied.
[Amended 11-21-2006 by L.L. No. 4-2006]
F. 
A sidewalk cafe shall be located only directly in front of the food service establishment with which it is associated, and it shall be operated solely in conjunction with such food service establishment.
[Amended 5-7-2013 by L.L. No. 2-2013]
A. 
All furniture shall be of metal or wood construction and shall be white or of a dark color, shall be uniform and shall be reviewed by the Architectural Review Board prior to approval by the Building Inspector. In the event that the Building Inspector does not adopt the recommendation of the Architectural Review Board, the matter shall be brought before the Village Board of Trustees for a final decision.
[Amended 11-21-2006 by L.L. No. 4-2006]
B. 
In the event that the sidewalk cafe contains three or more tables, the cafe area shall be delineated by the use of an easily visible barrier, such as a planter(s) or railing, so as to physically separate patrons of the cafe from pedestrians. Tabletops shall be round or square and shall not exceed 36 inches in diameter or length of each side, respectively.
C. 
In the event that the sidewalk cafe contains two or fewer tables, such tables shall be placed against the appurtenant building with no chairs between the building and the tables. Tabletops shall be round or square and shall not exceed 36 inches in diameter or length of each side, respectively.
D. 
Furnishings or structures shall not be attached, temporarily or permanently, to the sidewalk or any other public property, provided that railings may be secured by means of flush-mounted anchors in a manner approved by the Building Inspector. The permittee shall be responsible for any sidewalk damage incurred.
[Amended 11-21-2006 by L.L. No. 4-2006]
E. 
No furnishings or structures which form a part of the sidewalk cafe shall be attached, temporarily or permanently, to any building or structure abutting the cafe.
F. 
Umbrellas may be permitted. Every umbrella must be secured in a device that the manufacturer of the umbrella designed to anchor the umbrella. There must be a clearance of seven feet between the sidewalk and the lowest edge of the umbrella. Notwithstanding anything to the contrary set forth in this Code, such umbrellas shall be approved by the Architectural Review Board.
[Amended 5-7-2013 by L.L. No. 2-2013]
G. 
Sound amplification and public address systems and equipment shall be prohibited. Areas approved for sidewalk cafes shall not be utilized for live performance or recorded audio transmissions.
H. 
Chairs and tables shall not be utilized for the display of merchandise or the advertising of goods or services.
I. 
During hours of daylight, alcoholic beverages may be served solely in conjunction with the service of food. Subsequent to sundown, alcoholic beverages may be served in the absence of service of food. All alcoholic beverages shall be prepared within the appurtenant food service establishment and shall be served solely to patrons seated at sidewalk cafe tables. The consumption of alcoholic beverages by a member of the public, while a patron at a sidewalk cafe, within the confines of the area of the sidewalk cafe, shall not be a violation of any local law, ordinance, rule or regulation relating to open alcoholic containers in a public area.
[Amended 5-7-2013 by L.L. No. 2-2013]
J. 
[1]No patron at a sidewalk cafe shall be served food or beverages unless said patron is seated at a table.
[1]
Editor's Note: Former Subsection J, regarding the requirement for waitress or waiter service, and former Subsection L, regarding the prohibition of disposable paper or plastic goods, were repealed 5-7-2013 by L.L. No. 2-2013. Former Subsections K, M, N, and O were redesignated as Subsections J, K, L, and M, respectively.
K. 
The permittee is responsible, at all times, for the cleanliness of the cafe, as well as the cleanliness of the abutting sidewalk and curb areas.
L. 
No structure, container or enclosure for garbage or rubbish may be erected or placed adjacent to or within the confines of the sidewalk cafe.
M. 
Tables located on private property abutting a public sidewalk shall comply with the standards set forth in this chapter.
A. 
Sidewalk cafes shall not operate prior to 8:00 a.m. or subsequent to 10:00 p.m. on any day.
B. 
The actual hours of operation of each sidewalk cafe shall be posted in a visible location.
C. 
Chairs shall be removed from a sidewalk cafe no later than 10:00 p.m. each evening. Tables and barriers, if any, shall be removed from the sidewalk abutting the sidewalk cafe at the time the food service establishment closes. No food service establishment providing a sidewalk cafe shall permit members of the public to congregate in the cafe area after 10:00 p.m. Failure to enforce this provision may result in revocation of the applicable permit.
[Amended 5-7-2013 by L.L. No. 2-2013]
D. 
During periods when the food service establishment with which a sidewalk cafe is associated is closed for business, chairs, tables and barriers shall be removed from the sidewalk.
[Amended 5-7-2013 by L.L. No. 2-2013]
A. 
Sidewalk cafes may operate from April 15 to November 15.
B. 
An annual permit, secured from the Building Inspector, shall be required for all sidewalk cafe operations. The Board of Trustees shall, by general resolution, establish the permit fee for sidewalk cafes. In the event that the Building Inspector shall deny any application for a sidewalk cafe, it shall provide the applicant with the reasons for the denial in writing. An applicant may appeal such denial to the Village Board of Trustees, which shall have the power to affirm, reverse or modify the decision of the Building Inspector. Any such appeal must be taken within 30 days of the date of the Building Inspector denial. All decisions of Board of Trustees shall be final.
[Amended 11-21-2006 by L.L. No. 4-2006]
C. 
A permit may be revoked by the Board of Trustees in the event that a permittee has violated any provision set forth in this chapter or any other law, ordinance, rule or regulation applicable to any use being conducted on the premises of which the sidewalk cafe is a part.
D. 
All applications for a permit to operate a sidewalk cafe shall bear the signature of the owner/operator of the food service establishment.
[Amended 5-7-2013 by L.L. No. 2-2013]
E. 
A letter of application for a permit to operate a sidewalk cafe shall be submitted to the Building Inspector and shall include, at a minimum, the following information:
[Amended 11-21-2006 by L.L. No. 4-2006]
(1) 
The name, address and title of the applicant.
(2) 
The name and address of the property owner, if different from the applicant.
(3) 
Consent of the owner of the property to submit the application, in the event that the applicant is not the owner.
(4) 
An agreement to indemnify, defend and save harmless the Village, its Board of Trustees, officers, employees and agents from and against any claim, loss, liability or damage, including reasonable attorneys' fees, resulting from bodily injury, including death and property damage, sustained by any person as a result of a permittee's operation of a sidewalk cafe on public property.
(5) 
A certificate of insurance, acceptable to the Village, stating that an applicant for a permit has, in full force and effect, public liability and property damage insurance. The certificate shall name the Village, its Board of Trustees, officers, employees and agents as additional insureds. The certificate of insurance shall state that such insurance shall not be canceled or revoked prior to 30 days' written notice to the Village.
(6) 
A drawing or rendering of the placement of tables, chairs, barriers, planters and any other structures or furnishings which will form a part of the sidewalk cafe.
F. 
The Board of Trustees shall, by general resolution, establish a refundable deposit which shall be furnished to the Village prior to the issuance of any permit. Such deposit shall be retained by the Village as security for the faithful performance of the terms and conditions set forth in this chapter and in the issued permit. Upon the failure of a permittee to comply with such conditions or upon default by the permittee, the deposit may be utilized by the Village for expenses incurred by the Village relating to requirements of this chapter or any other applicable law, ordinance, rule or regulation. No prior notice shall be necessary to utilize the deposit set forth herein. No permittee shall have any claim whatsoever against the Village for loss of any anticipated profits or for any other losses which may be sustained by actions of the Village. Upon the expiration of any permit, the full amount of the deposit or balance thereof (in the event that expenses have been incurred by the Village) shall be returned to the permittee.
[Added 5-7-2013 by L.L. No. 2-2013]
If any section of this chapter shall be held unconstitutional, invalid, or ineffective, in whole or in part, such determination shall not be deemed to affect, impair, or invalidate the remainder of this chapter.