For purposes of this chapter, the following
terms shall have the meanings indicated:
SIDEWALK CAFE
Includes facilities for the sale of food and/or beverages;
shall not include facilities for the sale of any other kind or type
of goods, wares, merchandise or services.
YEAR-ROUND SIDEWALK CAFE
A sidewalk cafe granted a permit under this chapter to operate
365 days per year.
[Added 11-19-2018 by L.L.
No. 11-2018]
[Amended 3-19-2007 by L.L. No. 5-2007; 10-21-2013 by L.L. No.
8-2013]
A. Upon approval of the Village Board and Lake George
Village Planning Board, the Mayor shall issue a permit.
B. Conditions for issuance of permit:
(1) An agreement by the applicant to repair, at the expense
of the applicant, any damage caused to the sidewalk in the operation
of the cafe. The Village Board may require a bond, in an amount to
be fixed by the Village Board, to be filed by the applicant.
(2) Proof of liability insurance in the amount of $1,000,000 per individual
and $2,000,000 per occurrence.
(3) If applicable, proof that the applicant has a state liquor license
authorizing him or her to serve alcoholic beverages in his or her
cafe and has liquor legal liability insurance. Such insurance policy
must contain a provision that requires the Village of Lake George
Clerk to be notified if the policy is canceled.
(4) For any year-round sidewalk cafe that may be permitted under this
chapter, the applicant, license and owner of the property shall enter
into a written agreement in form and substance acceptable to the Village's
attorney which shall include, but not be limited to, the following:
[Added 11-19-2018 by L.L.
No. 11-2018]
(a)
Indemnifying, defending and holding the Village harmless from
any and all claims, damages or causes of action related to or arising
from such sidewalk cafe; and
(b)
Releasing the Village from any liability associated with such
sidewalk cafe, including but not limited to damage from snow removal
activities; and
(c)
Acknowledging the foregoing is not intended to limit the language
or terms of such agreement which shall be as drafted and approved
by the Village's attorney.
A cafe authorized and operated pursuant to this
chapter shall comply with the following:
A. Furnishings shall consist solely of tables, table
umbrellas, chairs and planters containing live plants, and accessories.
No picnic tables, benches or plastic furnishings are permitted. Platforms,
if necessary, will be permitted.
B. All services of any kind whatsoever shall cease at
12:00 midnight and not begin until 7:00 a.m.
C. By no later than 1:00 a.m., all patrons must be vacated from the cafe, and by no later than the closing of the establishment, all utensils, containers or any other materials used in the operation of the cafe or within the area used by the cafe shall be removed from the sidewalk cafe area, provided that any railing, flooring or other support or enclosure used in the assembly, operation or enclosure of the cafe may be allowed to remain on the sidewalk area if specifically permitted in the Village Board of Trustee's approval of the cafe plans under §
168-3 above.
D. Except for sidewalk cafes for which a year-round permit has been
granted, all other sidewalk cafe structures must be removed by October
31, and not installed prior to April 1, in any year for which a license
is granted.
[Amended 11-19-2018 by L.L. No. 11-2018]
E. No music, from whatever source (acoustical, electric,
or other) may be played on the exterior premises.
F. The outdoor dining area shall be routinely cleaned
and kept refuse free. The area shall be swept each night at closing
and umbrellas, if in use, removed to the interior of the building.
G. Comply with all other provisions (local laws) of the
Code of the Village of Lake George and the State of New York.
H. All sidewalk cafes must have adequate exterior lighting
throughout.
I. In addition to any other removal requirement in this chapter, the
Village reserves the right to require immediate removal of any sidewalk
cafe for any required maintenance, repair or upkeep of any sidewalk,
water, sewer, electric, gas or other utility, or for any other reason
determined by the Village. For removals other than an emergency or
violation as set forth in this chapter, the Village will provide reasonable
notice for removal under this subsection as the Village shall determine.
[Added 11-19-2018 by L.L.
No. 11-2018]
J. The following shall apply solely to year-round sidewalk cafes granted
a permit under this chapter:
[Added 11-19-2018 by L.L.
No. 11-2018]
(1) No permit shall be issued for any year-round sidewalk cafe unless
the business to which such year-round sidewalk cafe is used and operated
at least five days per week in each and every calendar week of the
year.
(2) The applicant shall perform no less than daily sweeping, litter removal,
snow and ice removal, and general cleaning and maintenance of all
sidewalk areas from the sidewalk cafe to the curb line/street boundary.
Upon a finding by the Code Enforcement Officer
(CEO) that an applicant has violated any provisions of this chapter,
the CEO shall give notice to the applicant to correct said operational
violation within 24 hours of receipt of said notice by the applicant.
Upon failure to correct said operational violation within 24 hours,
the CEO may revoke the applicant's permit issued pursuant to this
chapter. The CEO shall, in his/her sole judgment, give a violator
reasonable time to repair any structural damage or physical violation
of any provision of this chapter.
The area encompassed within a cafe authorized
pursuant to this chapter shall be considered duly licensed for sale
and consumption of alcoholic beverages.
[Added 11-19-2018 by L.L.
No. 11-2018]
If any clause, sentence, paragraph, subdivision, section, or
part of this chapter or the application thereof to any person, individual,
corporation, firm, partnership, entity, or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section, or part of this chapter,
or in its application to the person, individual, corporation, firm,
partnership, entity, or circumstance directly involved in the controversy
in which such order or judgment shall be rendered.
[Amended 11-19-2018 by L.L. No. 11-2018]
This chapter shall take effect upon filing in the office of
the Secretary of State of New York State.