[HISTORY: Adopted by the Board of Trustees of the Village
of Hamburg 7-19-2010 by L.L. No. 2-2010. Amendments noted where applicable.]
This chapter is designed to permit sidewalk cafes and outdoor
dining in areas where it is appropriate and to promote and protect
the public health, safety and general welfare. The specific purposes
of this legislation are:
No outdoor dining or sidewalk cafe shall be allowed unless a
permit has been first obtained from the Village Clerk.
A.
Only commercial establishments with the proper certificate of occupancy
for restaurant use, which take orders and/or maintain table service
within their establishments, may take orders and serve food and beverages
in outdoor dining areas or sidewalk cafes.
B.
Other commercial establishments that are not restaurants may apply
for a permit with the permission of the Board of Trustees.
A.
Application for outdoor dining and/or sidewalk cafe shall
be made to the Village Clerk in writing on a form prescribed by the
Village Clerk's office. The Village Clerk shall forward the application
to the Code Enforcement Officer for review and approval. The Village
Clerk shall issue the permit upon approval by the Code Enforcement
Officer.
B.
Such application shall contain the following information:
(1)
The name, address and telephone number of the applicant.
(2)
The name, address and telephone of the establishment to be the subject
of the application.
(3)
The name and telephone number of the owner and/or operator of the
establishment, or designated responsible representative.
(4)
Whether alcoholic beverages are to be served and, if so, a copy of
the appropriate liquor license issued by the State of New York.
(5)
A survey of the subject property, indicating the location of the
outdoor dining and/or sidewalk cafe.
(6)
A plan showing the complete sidewalk and/or dining area, the location
of all furniture and fixtures to be used, including a seating plan,
and the location of any entrances and/or exits.
(7)
Descriptive material showing all furniture and fixtures to be used,
and how such furniture and fixtures shall be stored or secured during
nonoperational hours.
(8)
Whether live or mechanically reproduced music is to be played, and
a description of the site of the facilities, equipment or other devices
needed for amplification of sound.
(10)
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 and/or sidewalk cafe will not interfere
with pedestrian traffic or use of any publicly owned property adjacent
to the establishment.
B.
The applicant is in compliance with, and has met, all other applicable
provisions of this chapter, all building codes, zoning codes, architectural
design standards, health codes and any other codes applicable to this
premises.
A.
Establishments issued a permit hereunder may engage in outdoor dining
or have a sidewalk cafe as set forth in this chapter.
B.
The consumption of alcoholic beverages, any and all types and kinds,
in such outdoor dining areas and sidewalk cafe is prohibited unless
served by the licensed premises. It is the responsibility of the owner
and/or operator of the premises who has obtained a permit hereunder
for outdoor dining/sidewalk cafe to ensure compliance with this provision.
C.
A permitholder 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 insure compliance with all applicable
rules, regulations, ordinances, local laws and statutes, and the general
protection of the 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.
Outdoor dining activities shall be limited to the areas granted in
the permit. When at all possible, these areas shall be contained wholly
within the property lines of the establishment, and if these activities
do extend to the sidewalk, sidewalk clearance shall be maintained
to provide adequate and unobstructed pedestrian movement, and any
minimum sidewalk width requirements shall be measured from the outer
edge of the curb to the outermost point of the outdoor dining area
or sidewalk cafe.
The person or persons to whom a permit for outdoor dining and/or
a sidewalk cafe has been issued shall be liable, and shall indemnify
the Village, for any loss, damage, 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 issue of
such permit, or as a direct or indirect result of the operation of
such outdoor dining area and/or sidewalk cafe.
If any portion of the outdoor dining or sidewalk cafe is on
public property and/or in the public right-of-way, the applicant for
a permit shall present, prior to the issuance of the permit, a certificate
of insurance for comprehensive general liability, naming the Village
of Hamburg as an additional insured, for the combined single limit
of no less than $1,000,000 per occurrence and $2,000,000 general aggregate.
The Code Enforcement Officer shall have the authority to revoke
or suspend a permit when, in the Officer's sole discretion, the
Officer 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 or revocation or other condition
of a permit may be taken to the Village of Hamburg Board of Trustees
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, sidewalk cafe, and adjacent areas shall
be periodically cleaned and kept refuse-free. The outdoor dining area,
sidewalk cafe and adjacent areas shall be swept and washed down daily
and at all other times as needed. Sufficient containers for trash
shall be placed in the areas.
Outdoor dining activities and food and/or beverage service shall
take place during the hours of operation of the establishment. All
outdoor activities shall be subject to other applicable rules and
regulations of this Code and, in particular, the noise ordinances.[1]
Music may be provided so long as it is not of a type or a volume
as to violate any applicable law or ordinance, or create a nuisance
to surrounding residences and/or property owners. Lighting shall be
minimal, and shall be installed so that the direct or indirect illumination
from this sort of light shall not cause in excess of 0.5 foot candles
on any abutting property. No outdoor cooking of any type is permitted.
All furniture and fixtures used in conjunction with the outdoor
dining and sidewalk cafe must be of a temporary nature, and must be
brought in at closing time or otherwise secured 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 the guidelines established by the architectural
design standards, where applicable.
Any person or establishment committing an offense against any
of the provisions of this chapter, including failure to obtain a permit,
or who operate a sidewalk cafe and/or outdoor dining when their permit
has been revoked or suspended, shall be guilty of a violation and,
upon conviction thereof, shall be punishable by a maximum fine of
$250, or by a term of imprisonment by not more than 15 days, or both.
