[HISTORY: Adopted by the Board of Trustees of the Village of Lake George 12-18-2006 by L.L. No. 11-2006. Amendments noted where applicable.]
GENERAL REFERENCES
Food, drink and retail establishments — See Ch. 118.
Licenses and permits — See Ch. 135.
Zoning — See Ch. 220.
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]
A. 
Any owner or lessee may operate a temporary sidewalk cafe (hereinafter called "cafe") within the Village of Lake George on any sidewalk within the public right-of-way adjacent to his or her place of business upon obtaining a permit from the Village Board of Trustees.
B. 
In addition to the requirements set forth in this chapter, a New York State use and occupancy permit must be obtained.
C. 
All applicable New York State and Warren County permits, including but not limited to Board of Health and State Liquor Authority permits, must be obtained.
A. 
Each applicant for a permit under this chapter shall submit a site plan application. The site plan application shall include a plat or survey of the property or a building plan; a plan drawing of the sidewalk cafe to a minimum scale of 1/8 inch per foot; dimensions and method of separation (barriers) from the public walk; the number of tables; maximum number of seats; and all existing streetscape furniture, trees, planters, signs, etc., in front of the building. All applications shall include detailed colors of the barriers, flower boxes, awnings, umbrellas, etc.
[Amended 10-21-2013 by L.L. No. 8-2013]
B. 
Applications will be submitted to the Village Office, together with a nonrefundable fee of $100.
[Amended 10-21-2013 by L.L. No. 8-2013]
C. 
All applications are due by March 1 of each year and shall not be accepted after that date unless permission is granted by the Mayor, provided that for annual year-round permits granted under this chapter, all renewal applications shall be submitted prior to the annual expiration thereof unless permission is granted by the Mayor for late submission.
[Amended 10-21-2013 by L.L. No. 8-2013; 11-19-2018 by L.L. No. 11-2018]
D. 
Permits are valid for only one year. The business license fee for a cafe is $125 and will be included on business license applications and renewals.
[Amended 12-19-2022 by L.L. No. 2-2023]
E. 
Each applicant shall have a state liquor license, if applicable, that will allow or can be amended to allow him or her to serve alcoholic beverages in his or her cafe.
F. 
The Lake George Village Planning Board shall use the review criteria set forth in this chapter for such plans relating to the cafe's specific location, size and structure. Any alteration following approval shall require additional review. Once approval is granted, the plans are valid and do not require annual reapproval. If the establishment changes, the design or structure reapproval will be required.
[Amended 10-21-2013 by L.L. No. 8-2013; 11-19-2018 by L.L. No. 11-2018]
G. 
Each applicant shall have obtained the approval of the Code Enforcement Officer and Lake George Village Planning Board for any railing, flooring, or other support or enclosure used in the assembly, operation or enclosure of the cafe. No such railing, flooring or other support or enclosure shall be considered an erection of, an addition to or a structural alteration of a building or structure unless such railing, flooring or other support or enclosure is attached to such building or structure.
H. 
Approval for a sidewalk cafe is given expressly to the applicant, lessee or owner. Should there be a change in lessee, ownership or nature of the business, a new application is required.
A. 
All applications submitted are subject to review by the Code Enforcement Officer and the Lake George Village Planning Board. All plans shall be approved or disapproved or modifications of such plans shall be made within two months of submission.
[Amended 10-21-2013 by L.L. No. 8-2013]
B. 
Locations; common boundaries.
(1) 
Sidewalk cafes shall be allowed to be located in the public right-of-way within the Commercial Mixed-Use and Commercial Resort Zone.
(2) 
General guidelines.
(a) 
Any tree, bench, pole, post, sign, flowerbed, or other obstacle in the public right-of-way will be considered the common boundary. There must be at least 10 feet of unobstructed hard surface sidewalk between all cafes and the common boundary.
(b) 
The cafe shall be located only in front of the licensed establishment. Continuous cafes between establishments are not allowed. Each cafe shall be operated by the operator of said establishment.
(c) 
The cafe shall not extend more than 10 feet from the property line. In any case, the cafe shall not occupy more than 40% of the total width of the sidewalk measured from the property line to the edge of the common boundary and must allow for 10 feet of sidewalk as described in § 168-4B(2)(a) above.
C. 
Signs; design.
(1) 
No signs shall be hung or attached to any portion of the cafe or an awning. A-frame signs are not allowed within the cafe area. Umbrellas with advertising are not permitted.
(2) 
One menu board will be allowed. A menu board may be changeable or permanent or a blackboard indicating items sold and their prices. Such menu board shall not be illuminated and shall be no larger than six square feet with no one dimension greater than three feet. The menu board can be attached to the cafe railing. When attached to the cafe railing, it shall not project more than two inches from said railing.
[Amended 10-21-2013 by L.L. No. 8-2013]
(3) 
Cafes are permitted to have awnings that extend over the public right-of-way to the exact dimensions of the permitted sidewalk cafe area. Umbrellas are permitted. Awnings must be retractable and cannot be lower than seven feet tall. Only the name of the establishment can appear on the awning valance or the umbrella.
(4) 
All cafes must have flower boxes that contain seasonal live plants or ornamental live evergreen plantings. Flower boxes are permitted within the ten-foot extension area. Other plantings are encouraged in addition to flower boxes.
[Amended 10-21-2013 by L.L. No. 8-2013]
(5) 
Sidewalk cafes shall be temporary and shall be clearly designated by barriers separating the public from patrons. Barriers shall be 36 inches in height and designed to match the facade of the business operation. All barriers must incorporate flower planters and ornamentation that accentuates the barrier. Barriers shall be attached to the firewall during the season of operation. Barriers shall not have any sharp edges or fasteners. All barriers must be constructed of durable, rust-preventive materials and completely described in the application.
(6) 
Egress to the cafe shall be located in the front center of the cafe barrier. (See guidelines.) If an egress at the front center is not possible, the Planning Board will consider other options, providing the applicant shows just cause for a different location.
(7) 
The Village Board of Trustees may impose other restrictions on the location, size or designs of the cafe that, in its judgment, protects the health, safety and welfare of the public.
[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.
A. 
Any person who violates any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not exceeding $500. Each day that such violation continues shall constitute a separate violation. In addition, the Village Board of Trustees may cause any sidewalk cafe existing in violation of this chapter to be removed without notice. A fee of $200 shall be charged to the licensee for the cost of such removal. The Village's Department of Public Works may store the removed cafe structure for a period of 30 days and then, if unclaimed, it may destroy or discard the cafe structure.
B. 
Any person who violates any of the provisions of this chapter or at whose premises there is a violation of Article XVIII of the Zoning Regulations of the Village of Lake George, entitled "Noise,"[1] shall have his license revoked for one full year and shall not be eligible for another license until the expiration of one full year.
[1]
See Ch. 220, Art. XVIII, Noise.
C. 
Any person who fails to remove a sidewalk structure by October 31, as provided for in § 168-8D, or a year-round sidewalk cafe prior to the expiration of any annual permit therefore, shall not be eligible for a license in any following year.
[Amended 11-19-2018 by L.L. No. 11-2018]
[Added 11-19-2018 by L.L. No. 11-2018[1]]
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.
[1]
Editor's Note: This local law renumbered former § 168-10 as § 168-11.
[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.