[HISTORY: Adopted by the Board of Trustees of the Village of Garden City 5-15-1997 by L.L. No. 2-1997.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Zoning Board of Appeals — See Ch. 50.
Alcoholic beverages — See Ch. 53.
Architectural review — See Ch. 57.
Building construction — See Ch. 65.
Businesses — See Ch. 75.
Noise — See Ch. 152, Art. V.
Streets and sidewalks — See Ch. 178.
Zoning — See Ch. 200.
[1]
Editor's Note: This local law was originally adopted as Ch. 36, but was redesignated as Ch. 148 to maintain the organizational style of the Code.
This chapter is designed to permit outdoor dining in areas where it is appropriate and to promote and protect the public health, safety and general welfare. Specific purposes of this legislation are:
A. 
To ensure adequate space for pedestrians on the sidewalk adjacent to outdoor dining areas.
B. 
To preserve and enhance the character of the neighborhoods where such outdoor dining is permitted in the village and to protect the adjacent areas.
C. 
To promote the most desirable use of land.
A. 
No outdoor dining shall be allowed unless a permit has first been obtained from the Village Clerk.
B. 
The fee for such permit shall be in such amount as determined from time to time by resolution of the Board of Trustees.
A. 
Only commercial establishments with a proper certificate of occupancy for a restaurant use which has heretofore been duly issued by the Village of Garden City, which take orders and maintain table service within their establishments, may take orders and serve food and beverages in such outdoor dining areas.
B. 
Other commercial establishments that are not restaurants referred to in Subsection A above, which sell food, may apply for an outdoor dining permit but may not take orders or serve food and beverages at such outdoor dining areas.
C. 
Other commercial establishments, with the permission of the Board of Trustees, are eligible.
A. 
Any application for outdoor dining shall be made to the Village Clerk in writing on a form prescribed by the Village Clerk's office.
B. 
Such application shall contain the following information:
(1) 
The name, address and telephone number of the applicant.
(2) 
The name, address and telephone number of the establishment to be the subject of the application and the name and telephone number of the owner and/or operator of the establishment or designated responsible representative.
(3) 
Whether alcoholic beverages are to be served and, if so, a copy of the appropriate liquor license issued by the State of New York is to be appended to the application.
(4) 
A survey of the subject property also indicating the adjacent property which is village owned.
(5) 
A plan showing the complete sidewalk area, with the location of all furniture and fixtures to be used, including a fully dimensioned seating plan and the location of entrances and exits.
(6) 
Descriptive material showing all furniture and fixtures to be used and how such furniture and fixtures shall be stored or secured during nonoperational hours.
(7) 
Whether live or mechanically reproduced music is to be played and a description and site location of the facilities, equipment or other devices needed for amplification of sound.
(8) 
Proof of insurance as required in § 148-8 of this chapter.
(9) 
Any other information that the Village Clerk may find reasonably necessary to determine whether a permit should be issued.
The following standards shall apply:
A. 
The proposed outdoor dining will not interfere with pedestrian traffic or use of the village owned portion of the property adjacent to the establishment.
B. 
The applicant is in compliance with and has met all other applicable provisions in this chapter and those in the Building and Zoning Codes.[1]
[1]
Editor's Note: See Ch. 65, Building Construction, and Ch. 200, Zoning.
A. 
Notwithstanding § 200-33 of this Code, establishments issued a permit hereunder may engage in outdoor dining as set forth in this chapter.
B. 
The consumption of alcoholic beverages of any and all types and kinds in such outdoor dining areas is prohibited unless served by the licensed premises and accompanied by the service and consumption of food. It is the responsibility of the owner and/or operator of the premises who has obtained a permit hereunder for outdoor dining to ensure compliance with this provision.
C. 
A permit holder shall be bound by all applicable rules, regulations, ordinances, local laws and statutes. The Board of Trustees may, by resolution, adopt, from time to time, any additional rules and regulations pertaining to such permits. The permit may be conditioned on modifications or restrictions intended to ensure compliance with all applicable rules, regulations, ordinances, local laws and statutes and the general protection of health, safety and welfare.
D. 
No other activities of any nature conducted now or hereafter by any commercial establishment, enterprise, business, venture or shop in the village, otherwise prohibited by all applicable rules, regulations, ordinances, local laws or statutes are changed, amended, suspended or altered in any respect because of this chapter.
E. 
Such outdoor dining activities shall be limited to areas directly to the front or rear of each store or merchant's establishment and not extend beyond the property lines. There shall be a minimum of five feet total sidewalk width clearance to provide adequate and unobstructed pedestrian movement, such width to be measured from the outermost point of the outdoor dining area to the nearest obstruction.
The person or persons to whom a permit for outdoor dining has been issued shall be liable and shall indemnify the village for any loss, damage, or injury or expense sustained by the village arising out of any claim or cause of action instituted or commenced by any person or persons arising out of the issuance of such permit or as a direct or indirect result of the operation of such outdoor dining area.
Prior to the issuance of a permit, the applicant for a permit shall present to the village a certificate of insurance for comprehensive general liability, naming the Incorporated Village of Garden City as additional insured, for combined single limits of no less than $1,000,000 per occurrence and $2,000,000 general aggregate and umbrella limits of $1,000,000.
The Village Clerk shall have the authority to revoke or suspend a permit, when, in the Clerk's sole discretion, the Clerk finds a violation of any applicable rule, regulation, ordinance, local law or statute, or that a continuation of said permit would constitute a hazard or nuisance, or upon good cause shown.
Appeals from the issuance, denial, revocation or other condition of a permit may be taken to the Village of Garden City Zoning Board of Appeals by any aggrieved person within 30 days from the date of the issuance, denial or revocation, by filing a written notice of appeal with the Village Clerk.
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. Sufficient containers for trash shall be placed in the outdoor dining area.
A. 
Outdoor dining activities may take place between the hours of 6:30 a.m. and 11:00 p.m. on all days of the week, except Sunday. Sunday hours shall be between 8:00 a.m. and 11:00 p.m.
B. 
No orders for food and/or beverages shall be taken after 10:00 p.m.
Music may be provided so long as it is not of a type or volume as to violate any applicable law or ordinance or create a nuisance to surrounding residents or property owners. 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 footcandles on any abutting property. No outdoor cooking of any type is permitted.
All furniture and fixtures used in conjunction with outdoor dining must be of a temporary nature, and must be brought in at closing time or securely fastened against the building facade during nonoperational hours. No signage shall be permitted to be affixed to any temporary structures. All furniture and fixtures shall be approved by the Village Clerk in conformity with guidelines established by the Architectural Design Review Board.
A. 
Permits shall be issued on or after April 1 of each year. All permits, regardless of when issued, shall expire on the last Sunday in November.
B. 
Applications for renewal of permits shall be made in the same manner as original applications. Permits are not assignable.
If any section, paragraph, subdivision, clause or provision of this chapter shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision, clause or provision so adjudged, and the remainder of this chapter shall be deemed valid and effective.