[HISTORY: Adopted by the Board of Trustees of the Village
of Cooperstown 2014 by L.L. No. 3-2014. Amendments noted where
applicable.]
The outdoor eating area regulations as established by this chapter
are designed to permit outdoor eating areas, accessory and incidental
to lawfully existing restaurants in the Business District, to be located
on public property adjacent to lawfully existing restaurants and in
locations where they shall be determined to be appropriate by these
regulations and all applicable related ordinances. These general purposes
shall include, among others, the following specific purposes:
A.
To ensure adequate sidewalk space for pedestrians to pass outdoor
eating areas and to ensure adequate access to adjoining properties,
businesses, and on-street parking places.
B.
To encourage the establishment of outdoor eating areas as one means
of developing a pleasant and distinctive walking, eating and shopping
atmosphere downtown.
As used in this chapter, the following terms shall have the
meanings indicated:
An exterior space accessory to a restaurant that allows for
tables and seating for outdoor table service or self-service dining.
Up to two benches without any table(s) does not constitute an outdoor
eating area.
An outdoor eating area located on a public sidewalk or public
land must have the following:
A.
An annual license agreement, valid April 1 to November 1 of a given
calendar year, by and between the Village of Cooperstown and the applicant,
the application fee for which shall be in such amount as determined
from time to time by resolution of the Board of Trustees.
B.
Liability insurance, in an amount determined from time to time by
resolution of the Board of Trustees, which names the Village as an
additional insured.
C.
A valid certificate from the Board of Health and, in cases that involve
the sale or consumption of alcoholic beverages, the State of New York.
Any application for an annual license for an outdoor eating
area shall be made to the Village Clerk in writing, to be reviewed
and acted upon by the Board of Trustees within 65 days. The application
for a license for an outdoor eating area shall contain, at a minimum,
the following:
A.
The applicant's full name, local address, permanent address
(if different), telephone number, and local emergency contact number
(if different). Applicants are encouraged to provide an e-mail address;
B.
The name, address and telephone number of the owner of the building
where the restaurant is located, if different than the applicant's;
C.
A site plan, drawn to scale, showing the applicant's property
and the adjacent sidewalk area to be used; the designated outdoor
eating area; the location of access points to be used by employees
and/or patrons in entering or exiting the building in which the restaurant
is located; all temporary structures, equipment and apparatus to be
used in connection with its operation, including but not limited to
tables, seating furniture, umbrellas, planters, temporary fences,
lighting and electrical outlets (if any); provisions for the storage
of such items; and the location of any fire hydrant, plug or standpipe,
utility pole, parking meter station, planter or other permanent fixture
between the adjacent building and the curb, including a clear indication
of the presence of the required pedestrian passageway;
D.
Descriptive or visual material indicating the appearance and materials
of all components, including but not limited to tables, seating furniture,
umbrellas, planters, temporary fences and decorations, to be used
and explanation of how such furniture or fixtures shall be stored
or secured during nonoperational hours;
E.
A statement of the seating capacity of the proposed outdoor eating
area and of the existing restaurant operated by the applicant in the
adjacent building (an increase to the number of seats outdoors shall
require a new application);
F.
A signed statement attesting that the associated restaurant and/or
applicant has not been subject to a zoning, vending, merchandise display,
or outdoor eating area violation within the past 12 months;
G.
A current valid certificate from the State Department of Health indicating
that the applicant is in compliance with all applicable regulations;
H.
Whether alcoholic beverages are to be served and, if so, a copy of
the appropriate liquor license issued by the State of New York; and
I.
The appropriate fee.
A.
An outdoor eating area may be located on the public sidewalk or certain
other public lands immediately adjoining the indoor restaurant that
operates the outdoor eating area or within 15 feet (at the closest
point) of the indoor restaurant and separated from it by public or
private sidewalk. The outdoor eating area shall extend no further
than the actual frontage of the building in which the restaurant operates.
B.
The proposed outdoor eating area shall not unduly impede pedestrian
or vehicular traffic or the use of the Village-owned portion of the
property adjacent to the premises. Outdoor eating areas on Main Street
shall provide a sidewalk width of not less than eight contiguous feet
clear of obstructions. Outdoor eating areas on Pioneer Street and
Chestnut Street shall provide a sidewalk width of not less than five
contiguous feet clear of obstructions. Obstructions shall include,
but not be limited to, trees, planting boxes, light poles, traffic
signal poles, fire hydrants, utility structures, parking meters, and
street signs. Further, the location of outdoor eating areas shall
not obstruct the clear sight distance for vehicles or access or crossings
for those using wheelchairs.
C.
No table, seating furniture, temporary fence, planters, decorations
or other fixture used in conjunction with the operation of an outdoor
eating area shall be located in such a way as to impede access to
or from any building, property or legal on-street parking place or
pose any type of safety hazard to the general public.
A.
Furnishings for outdoor eating may consist of movable tables, seating
furniture, table umbrellas, temporary fences, and decorative accessories.
Outdoor eating areas with no table service shall provide trash receptacles.
Furnishings must be kept in a state of good repair and in a clean
and safe condition at all times.
B.
All items used in the outdoor eating area shall be temporary, moveable,
not affixed in any way to Village property, and shall not cause damage
to Village property, including but not limited to sidewalks, pavers,
lamp posts, and parking meters.
C.
All furnishing must be compatible in design, color and materials
with the historic character of the Business District. No plastic tables
or seating furniture shall be permitted.
D.
Umbrellas over tables must be weighted and shall be of a single color
with no advertising. Umbrellas must be positioned so as not to be
a hazard to pedestrians when open and must be closed during hours
when the outdoor eating area is not in operation.
E.
Tables, seating furniture, and all other furnishings or accessories
may be left in place overnight during seasonal operation but shall
be removed from the sidewalk and stored indoors whenever the outdoor
eating area is not in seasonal operation. It shall be the responsibility
of the operator to secure furnishings and accessories that are left
in place overnight.
F.
Busing stations, food preparation stations, bars and music shall
not be permitted in the outdoor eating area. No food or drink may
be stored or prepared by the operator outside the adjacent building.
G.
Outdoor eating areas shall be at the same elevation as the public
sidewalk and any exceptions must be approved by the head of the Streets
Department. Carpeting, artificial turf, platforms or other surfaces
of any kind shall not be permitted at any time in the outdoor eating
area, and no Village property shall be painted or marked.
I.
Exterior lighting may be directed onto the outdoor eating area but
shall not intrude on adjacent properties. Wires must be adequately
secured to prevent tripping hazards.
A.
The outdoor eating area shall be operated in a manner that does not
create a public nuisance, cause a breach of the peace, constitute
a danger to public health, safety, welfare or morals, nor interfere
with the rights of neighboring property owners.
B.
The outdoor eating area shall be operated and maintained in accordance
with the approved plan submitted with the license application.
C.
The outdoor eating area shall be operated by the same party that
operates the adjacent indoor restaurant.
D.
Restaurants that provide table service inside shall provide table
service to customers seated outside. Restaurants that do not provide
table service inside may operate outdoor eating areas where patrons
carry food to tables located outside.
E.
An outdoor eating area may operate during the regular business hours
of the restaurant operating the outdoor eating area but no later than
10:00 p.m.
F.
The operator is responsible for keeping the premises, including the
public sidewalk and other furnishings of the outdoor eating area,
clean at all times. At no time should trash or debris of any kind
be blown, swept or otherwise deposited into the street, nor shall
waste generated at outdoor eating areas with table service be deposited
in public trash receptacles nor any trash receptacle located outdoors.
Any presetting of tables with utensils, glasses, napkins and condiments
shall be done in a manner that prevents items from blowing or falling
from the table.
G.
Noise shall be kept at such a level as to comply in all respects
with the provisions of applicable ordinances.
H.
The Village of Cooperstown reserves the right and power to temporarily
order the discontinuation of the operation of outdoor eating areas
at any time because of anticipated or actual problems or conflicts
in the use of the sidewalk area. These situations include, but are
not limited to, festivals, parades, marches, road races, repairs to
the street or sidewalk, or any emergencies occurring in the area.
To the extent possible, the operator shall be given prior written
notice of the time period during which the operation of outdoor eating
areas will not be permitted, but failure to give notice shall not
affect the right and power of the Village to prohibit outdoor eating
area operation at any particular time.
A.
The consumption of alcoholic beverages of any and all types and kinds
in such outdoor eating areas is prohibited unless served by a restaurant
whose license permits the outdoor sale of alcoholic beverages and
the beverage is consumed within the confines of the outdoor eating
area. It is the responsibility of the owner and/or operator of the
premises who has obtained a permit hereunder for an outdoor eating
area to ensure compliance with this provision.
B.
Restaurants that do not have a license to sell alcoholic beverages
within their premises shall not allow patrons to carry onto or consume
alcoholic beverages in the outdoor eating area.
A.
Officers and employees of the Police Department shall have the power
to enforce all laws, rules and regulations relating to outdoor eating
areas. This provision shall in no way restrict any other power granted
by law to an officer or employee of any other agency.
B.
Upon a finding that an applicant has violated any provision of this
chapter, an officer or employee of the Police Department shall deliver
written notice to the applicant to correct such violation. Upon failure
to correct said violation within 24 hours of the verifiable delivery
of such notice to the local address provided on the application, the
Village Clerk shall revoke the applicant's license to operate
an outdoor eating area. If the Village Clerk revokes a license for
an outdoor eating area, the fee already paid for the license shall
be forfeited.
C.
In addition to the revocation of the license, the penalty for violating
any provision of this chapter or any other applicable section of the
municipal code shall be, in addition to any other sanctions provided,
a fine not exceeding $250 for each violation. Each day of violation
shall be deemed a separate offense.
D.
Applicants who violate provisions of this chapter or local zoning,
vending and/or merchandise display laws shall be prevented from applying
for an outdoor eating area license for a period of one year from the
date of the violation.
No part of this chapter or the local law itself shall be construed
to be an amplification or derogation of the rights or responsibilities
of property owners. Any remedies, rights or obligations provided to
such property owners or their successors in interest under the law
of real property or the laws of the State of New York shall be in
addition to the remedies, rights, obligations or penalties provided
hereunder.
