City of Jamestown, NY Outdoor Dining

A sidewalk cafe permit shall be issued by the City's Department of Development in conjunction with the Fire Inspector, Department of Public Works, and approved by the City Council Public Safety Committee or public committee designed by the City Council. All approved permits shall be filed with the City Clerk/Treasurer.

A sidewalk cafe permit is valid from April 1 to October 31 of the year the permit is issued.

Prior to the issuance of a sidewalk cafe permit, the operators of sidewalk cafes are required to provide the City of Jamestown with a certificate of insurance in the amount of $1,000,000 for general liability coverage, naming the City of Jamestown as an additional insured, and $500,000 for workers' compensation coverage. The City of Jamestown shall be listed as the certificate holder.

Prior to the issuance of a sidewalk cafe permit, the operators of establishments that serve alcoholic beverages are required to submit to the Code Enforcement Officer a copy of a valid New York State liquor license for the establishment, along with an affidavit stating that the establishment has a valid liquor license. The affidavit must be signed and notarized stating that the establishment has provided significant proof and paperwork to the New York State Liquor Authority of the addition of the sidewalk cafe to the business operations.

For establishments that did not require a liquor license at the time the sidewalk cafe permit was issued and elect to serve alcoholic beverages after the issuance of a sidewalk cafe permit, proof of a valid liquor license must be provided to the Code Enforcement Officer upon obtaining said license.

Sidewalk cafes shall not operate earlier than 6:00 a.m. nor later than 12:00 midnight.

All sidewalk cafes and the employees thereof shall be subject to and comply with all applicable requirements and standards for a retail food establishment, including but not limited to the following:

(1)

Patrons must wear shoes and shirts at all times.

(2)

All sidewalk cafes must have an opening for ingress and egress at all times (into the main building) and a signed "emergency only" egress.

(3)

All sidewalk cafes must adhere to the size, design and any other specifications approved by the City at all times. Strict adherence to required design standards as set forth herein is mandatory.

(4)

Strict adherence to hours of operation, approved layout of all components of the sidewalk cafe, clear space for pedestrians and required landscaping is mandatory.

(5)

The cafe area is a no-smoking zone and is considered part of the main building for interpretation of the public smoking setback.

Where the City has installed a permanent structure such as a parking meter, planter, light pole or other device, the operator of the sidewalk cafe shall make accommodation for the required clearance for pedestrian passage (five feet). Operators of sidewalk cafes shall be mindful of the rights of pedestrians traveling past their sidewalk cafe at all times during the operation of the sidewalk cafe. Complaints regarding sidewalk cafes will be investigated by the City, and violations of the rules and regulations herein will result in citations being issued to the operator and/or revocation of the operator's sidewalk cafe permit.

All areas within and surrounding the sidewalk cafe must be maintained in a clean, neat and sanitary condition and shall be policed routinely by the operator to ensure removal of all litter and debris. Daily sanitary cleaning of the sidewalk cafe is required. Sidewalks within and adjacent to the sidewalk cafe must be washed down and cleaned on a daily basis. The operator shall not wash garbage cans or any other container or other personal property of any nature on the sidewalks. All cleaning must be performed in accordance with applicable federal and state regulations.

Operators shall be permitted to play recorded music pursuant to their permit. For live music, the City will require a separate permit.

All tables, chairs, plants, planters, and any other items of the sidewalk cafe, hereinafter referred to collectively as "sidewalk cafe elements," shall be approved as a part of the permit approval process. Sidewalk cafe elements shall be promptly stacked and/or set aside immediately after the sidewalk cafe discontinues its daily operation.

At the expiration of the sidewalk cafe permit, all elements utilized for the outdoor cafe operation must be removed from the sidewalk area. The sidewalk area will be returned to the condition that existed prior to the setout of the outdoor sidewalk cafe.

Canopies, awnings and umbrellas must be firmly installed to withstand typical weather conditions. These units must be rolled up and securely fastened when the outdoor cafe is closed or they must be dismantled.

City of Jamestown Fire Department Code Enforcement will visit the site to determine the proper occupancy for the proposed sidewalk cafe and issue a certificate of maximum occupancy for that area.

City Code Enforcement Officer(s) will inspect all sidewalk cafes after permits have been issued and the cafe is in operation. Any violation of the provisions of these rules and regulations or any deviation from approved plans or willful omissions of the application will result in citations being issued to the operator and/or revocation of the sidewalk cafe permit for the premises.

Operators of sidewalk cafes shall be required to abide by all federal, state and local laws, rules and regulations applicable to the operation of a sidewalk cafe.

In order to remain consistent with the City of Jamestown's objective of developing outdoor dining spaces, including furniture, objects, structures and décor associated therewith, inasmuch that applicants desiring to use public space for semiprivate use as outdoor cafes are enhancing the private interests of their enterprise as well as that of the City, the following design standards shall apply to establishments seeking permission to erect sidewalk cafes throughout the City:

Site plan. A site plan of the sidewalk area must be submitted, and this must be included within a copy of a survey of the property indicating the following (to scale):

(1)

Dimensions of property frontage.

(2)

Dimensions from building face to edge of sidewalk and from edge of sidewalk to the curb (or grass or brick area).

(3)

Dimensions of all tables, chairs and other apparatus.

(4)

The location on the sidewalk of all tables, chairs, barriers, planters and other apparatus.

(5)

The specific materials, furniture and colors to be used.

(6)

A description of how this area will be managed and maintained.

(7)

Show Fire Department connections (if applicable).

(8)

Details of the proposed railings, canopy, tables, chairs, barriers, planters and other apparatus.

Space and clearances.

(1)

The cafe may extend from the face of the building toward the curb, assuring that a clear pedestrian passageway that is a minimum of five feet is maintained at all times, exclusive of all meters, signposts, tree grates, etc. The grass or brick area between the sidewalk and the curb may not be used as part of the five-foot passageway.

(2)

The tables and related apparatus will not be permitted to obstruct the sight distance of vehicular or pedestrian traffic.

(3)

The cafe shall not interfere with any utilities or other facilities, such as telephone poles, fire hydrants, tree grates, signs, parking meters, or benches located on the sidewalk or public right-of-way.

(4)

Fire connections on the building must not be blocked.

(5)

The cafe may not impinge on any required clear distance for maneuvering around entrances or exits. The outdoor dining area shall be accessible to disabled patrons and employees, and any building adjacent to these areas shall maintain building egress as defined by the current local codes.