[Added 7-11-2011; amended 10-12-2021 by L.L. No. 8-2021]
The purpose of this article is to regulate and establish a standard
of conduct for the accessory use of City sidewalks by adjoining standard
restaurants who wish to extend beyond the confines of their premises
for food and beverage service.
For sidewalk areas adjacent to parcels zoned C-2 (Central Commercial)
and WF-2 (Waterfront Inland) Districts, which have a certificate of
occupancy for a standard restaurant, the operator of the restaurant
may obtain an accessory sidewalk cafe permit from the Director of
Public Works, subject to the following terms and conditions:
A.
Permits for an accessory sidewalk cafe shall be limited to occupancy
of no more than 1/2 of the width of usable sidewalk area or five feet
of clear distance in front of the subject premises, whichever is greater,
free of all obstructions to allow adequate pedestrian movement. Accessory
sidewalk cafes are further subject to the following:
(1)
Evidence of public liability insurance naming the City as additional
insured covering the sidewalk area in question in a minimum amount
of $1,000,000 per individual or $2,000,000 per occurrence.
(2)
Execution of a release to the City releasing the City and defending,
indemnifying, and holding the City harmless from any and all liability
in connection with any claims, actions, proceedings, and lawsuits
brought, deriving from the permittee's use of the respective City
sidewalk area.
A.
Descriptive material shall be submitted to the Director of Public
Works showing all furnishings to be used and how they will be removed
from the public sidewalk and secured during nonoperational hours.
No accessory sidewalk cafe furnishings may be permanently affixed
to the sidewalk or any building.
(1)
All furnishings shall be completely and wholly removed from
the sidewalk by the end of each business day.
B.
The accessory sidewalk cafe must be kept in a state of good repair
and in a clean and safe condition at all times. At no time shall trash
or debris of any kind be blown, swept or otherwise deposited into
the street. The presetting of tables with utensils, glasses, napkins,
condiments and the like is prohibited.
(1)
Any expense incurred by the City due to the neglect or failure
of the accessory sidewalk cafe to properly safeguard pedestrian traffic
on any portion of the sidewalk obstruction, or for a failure to maintain
or safeguard the sidewalk obstruction, either by day or night, will
be charged to the permittee.
C.
Busing stations, trash receptacles, and food preparation stations
shall not be permitted in the accessory sidewalk cafe.
D.
One menu sign may be displayed within the area of the accessory sidewalk
cafe mounted on an easel or other easily removable fixture. The sign
shall not exceed six square feet in area.
E.
The licensee shall be responsible for any damage caused to any sidewalk
or public property as a result of the licensee's operations under
this article.
G.
Exterior lighting shall be directed onto the accessory sidewalk cafe
and shall not intrude onto the street or adjacent properties.
H.
The drinking of alcoholic beverages by a member of the public while
a patron at an accessory sidewalk cafe shall not be construed as a
violation of any ordinance controlling open containers in a public
area. The operator of the accessory sidewalk cafe shall take whatever
steps are necessary to procure the appropriate license from the State
Liquor Authority if it intends to serve alcoholic beverages and shall
comply with all other laws and regulations concerning the serving
of alcoholic beverages in New York.
I.
Alcoholic beverages can only be available in the accessory sidewalk
cafe in conjunction with the availability of food service.
J.
Hours of operation. No accessory sidewalk cafe shall operate when
the standard restaurant with which it is associated is not open to
the public, but in no event shall the accessory sidewalk cafe operate
later than 10:00 p.m., Sunday through Thursday, and 12:00 a.m., Friday
and Saturday.
K.
Outdoor heaters. All portable outdoor heaters must be U.L. listed
and approved for outdoor use; must be installed and maintained as
per the manufacturer's specifications; must have a tip-over switch;
must guard against contact. Portable outdoor gas-fired heaters must
not exceed 20 pounds of fuel; must not be stored indoors regardless
of size; must not be placed inside any tent, canopy or other membrane
structure or on an exterior balcony; must not be located less than
five feet away from any building, decorations, overhangs awnings,
sunshades or similar combustible materials; must not be located within
five feet of exits or exit discharges. Portable outdoor electric space
heaters must be plugged directly into an exterior outdoor receptacle
that is a GFCI outside outlet; must not be used with extension cords,
multiplug adaptors or power strips; must not be placed inside any
tents, canopies or other membrane structures or placed on an exterior
balcony; must not be located less than five feet away from any building,
decorations, overhangs, awnings, sunshades or similar combustible
materials; must not be located within five feet of exits or exit discharges.
L.
Tents. Tents must comply with Chapter 31 of the New York State Fire
Code.
