[Adopted 1-28-2003 by L.L. No. 1-2003]
No person shall engage in the selling or display for sale of merchandise of any kind on, over or upon any sidewalk, or in the operation of a sidewalk cafe, except upon the granting of a permit therefor by the Village Board of Trustees pursuant to this article, and in accordance with the terms and conditions of such permit.
For purposes of this article, the following terms shall have the following meanings:
PUBLIC SERVICE FACILITY
A public telephone, mailbox, bench, or other facility provided for the use of the general public.
SIDEWALK
Any area between the curbline and a structure, whether publicly or privately owned, which is used by the public or open to use by the public.
SIDEWALK CAFE
An outdoor dining area located on a sidewalk.
The Village Board of Trustees is hereby authorized to grant permits for the use of the sidewalk for the display for sale of flowers, floral arrangements and ornamental shrubbery upon the following terms and conditions:
A. 
The permit shall be valid only during a single calendar year and shall permit the regulated activity only during the period from April 1 to September 30 of such year.
B. 
The permitted activity shall be conducted only as an accessory to a business establishment lawfully operating on the first floor of premises in the C-2 Zoning District, on the sidewalk in front of the principal place of business of such establishment, and by the entity which operates such establishment. All sales shall be conducted within such establishment. No cash register or other facility for the exchange of currency or otherwise receiving payment for goods and services shall be permitted on the sidewalk.
C. 
The applicant shall have the consent of the owner and lessee, if any, of the premises in front of which the permit activity is to be conducted.
D. 
There shall be no less than eight feet from the curbline to the front of the nearest structure.
[Amended 1-22-2013 by L.L. No. 1-2013]
E. 
No sidewalk display shall be nearer than seven feet to the curb; except that if the sidewalk is 24 feet or more in width, then the distance from the curb shall be not less than 1/3 of the width of the sidewalk.
F. 
The applicant shall at all times maintain free and clear from all obstruction an aisle not less than four feet in width providing access to any establishment fronting on said sidewalk.
G. 
No permanent structure may be affixed to the sidewalk or any building. The applicant shall be responsible for any damage caused to any sidewalk or public property.
H. 
The sidewalk use shall not interfere with access to any public service facility.
I. 
No outdoor lighting or live or mechanical music shall be permitted.
J. 
No sidewalk display shall be permitted after 9:00 p.m., or when the entity with which it is associated is not open to the public.
K. 
The applicant shall agree, on a form approved by the Village Attorney, to indemnify and save harmless the Village of Sleepy Hollow, its officers, agents, attorneys and employees, from and against any claim of loss, liability or damage by any person arising as a result of the applicant's operation of the sidewalk use.
L. 
The applicant shall obtain, and maintain in full force and effect throughout the terms of the permit, a policy of general liability insurance. The applicant shall file with the Village Board of Trustees, prior to the issuance of the permit, a certificate evidencing the requisite insurance. The policy shall:
(1) 
Name the Village of Sleepy Hollow, its officers, agents, attorneys and employees as additional insured;
(2) 
Have a combined single limit of not less than $1,000,000; and
(3) 
Contain a provision prohibiting its cancellation except upon 20 days' notice to the Village of Sleepy Hollow.
M. 
The applicant shall file with the Village Treasurer, prior to the issuance of the permit, a cash deposit in the amount of $500 as security for the faithful performance by the applicant of the terms and conditions of the permit. Said deposit shall be maintained by the Village Treasurer in a separate, interest-bearing account, for the benefit of the applicant, and shall be returned to the applicant with interest, but less any administrative sanctions imposed by the Village Board of Trustees pursuant to § 362-26 of this article, within 30 days of the revocation of the permit.
The Village Board of Trustees is hereby authorized to grant permits for the use of the sidewalks for sidewalk cafes upon the following terms and conditions:
A. 
The applicant shall comply with all of the terms and conditions for a sidewalk display permit set forth in § 362-20 above, except for that of § 362-20A.
[Amended 2-4-2020 by L.L. No. 2-2020]
(1) 
The permit shall be valid only during a single calendar year and shall permit the regulated activity only during the period from January 1 through December 31 of such year.
B. 
The applicant shall delineate the cafe area by a removable physical barrier separating patrons from pedestrian traffic. The delineation and layout of the cafe area shall be consistent with the site plan submitted by the applicant.
C. 
No sidewalk cafe may be operated except:
(1) 
As an accessory to a restaurant or retail food store lawfully operating on the first floor of premises in the C-2 Zoning District;
(2) 
On the sidewalk in front of the principal place of business of such entity; and
(3) 
By the entity which operates the restaurant or retail food store.
D. 
No sidewalk cafe shall operate after 12:00 midnight or when the entity with which it is associated is not open to the public.
E. 
Furnishing of a sidewalk cafe shall consist solely of readily removable umbrellas, covers, railings, tables, chairs, planters containing live plants, waste receptacles and accessories. Furnishings may not be attached, even in a temporary manner, to the sidewalk or other public property, or to any building or structure. All furnishings shall be removed from the sidewalk and stored in an approved manner when the sidewalk cafe is not in operation.
F. 
All food and beverages to be served at sidewalk cafes shall be prepared within the existing restaurant or retail food store.
G. 
The applicant shall be responsible for obtaining, maintaining in full force and effect, and complying with the terms and conditions of any permit which may be required under another law or regulation for the serving of food or beverages, including alcoholic beverages, at a sidewalk cafe.
H. 
Sidewalk cafes, the public property on which they are located, and the surrounding area shall at all times be kept free and clear of litter, debris, and any substance that may damage the sidewalk or cause pedestrian injury.
I. 
The applicant shall maintain a sufficient number of receptacles for the disposal of waste, properly covered to prevent infestation by insects. Such receptacles shall be emptied as often as is necessary, but in no event less than once per day.
J. 
There shall be no less than four feet from the curbline to the sidewalk café.
[Added 1-22-2013 by L.L. No. 1-2013]
[Amended 1-22-2013 by L.L. No. 1-2013]
Anything in this article to the contrary notwithstanding, the Building Inspector may permit the selling and display for sale of merchandise on, over or upon the sidewalk at any location within the Village for a period not to exceed seven days in conjunction with organized sidewalk sales days open to participation by all retail merchants within the Village.
A. 
Application for a permit pursuant to this article shall be made on a form designated by the Village Board of Trustees and approved by the Village Attorney. Such form shall contain at least the following information:
(1) 
The name and address of the applicant;
(2) 
The propose site for the activity;
(3) 
In the case of an application for a sidewalk cafe, a site plan showing the proposed layout.
(4) 
In the case of an application for the selling or display for sale of merchandise, a description of the merchandise proposed to be sold.
(5) 
Signature of the owner or tenant in lawful possession of the property fronting the commercial activity.
B. 
The application shall be accompanied by an application fee in the amount determined by the Board of Trustees and set forth in the fee schedule included at the end of Chapter 200, Fees, of the Village Code.
The Village Board of Trustees shall grant or deny an application for a permit pursuant to this article within 90 days of its complete submission.
[Amended 1-22-2013 by L.L. No. 1-2013]
Upon a finding by the Building Inspector that the applicant has violated any provision of this article or the terms and conditions of the permit, or has engaged in any practice in conjunction with the regulated sidewalk activity which constitutes a danger to the health or safety of any patron or pedestrian, the Building Inspector shall give notice to the applicant to correct such violation or cease such practice within 24 hours. If the applicant fails to comply with such notice, the Building Inspector may suspend the permit for a period not in excess of 30 days, during which time the applicant shall be entitled to a hearing, at which the applicant may be represented by counsel, to present evidence in his behalf and confront the evidence against him. If, upon considering the evidence presented at the hearing, the Building Inspector adheres to the finding, the Building Inspector may reinstate the permit with additional conditions related to the violation or improper practice which has been found, or revoke the permit and forfeit the applicant's cash deposit. In addition to, or in substitution for, the suspension or revocation of the permit, the Building Inspector may impose an administrative sanction in an amount determined by the Building Inspector to be the cost to the Village of the applicant's failure to comply with the terms of this article or the permit issued to the applicant pursuant hereto, which such sanction shall be deducted by the Village Treasurer from the applicant's cash deposit. The suspension, revocation or other action taken pursuant to this section shall not relieve the applicant or any other person from any liability which may be imposed pursuant to other sections of the Village Code.
Neither the adoption of this article, nor the granting of any permit pursuant hereto, shall be construed as a waiver of any right, privilege or immunity of the Village of Sleepy Hollow concerning its public easement over the streets and sidewalks, or of any requirement of law concerning the liability of the Village of Sleepy Hollow with respect to streets and sidewalks, whether express or implied.
This article shall take effect on March 31, 2003.