Town/Village of East Rochester, NY Chapter 80 Dining, Outdoor

[HISTORY: Adopted by the Governing Body of the Town/Village of East Rochester 6-13-2005 by L.L. No. 2-2005. Amendments noted where applicable.]

§ 80-1 Purpose.

The purpose of the chapter is to establish rules and regulations governing the operation of outdoor dining in order to provide for the orderly management of public property and to protect the health, safety, and welfare of pedestrians and diners.

§ 80-2 Outdoor dining allowed.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Outdoor dining may be allowed by permit of the Building Inspector, provided that such use is incidental to and in conjunction with an established permitted eating establishment as provided in the LC-1, C/I and GC Districts.

§ 80-3 Permit.

The Building Inspector is authorized to issue a revocable seasonal permit renewable yearly to permit outdoor dining on public property, provided that the standards, requirements and conditions set forth herein have been complied with by the applicant. The Building Inspector may refuse a renewal of the permit if, in his judgment, the use at that location has unreasonably interfered with vehicular or pedestrian traffic or the premises has a history of lack of cleanliness or for any other good cause which he may document.

§ 80-4 Application and site plan requirements.

The Building Inspector shall require a site plan to be filed as a part of each application, and such plan shall conform in all respects to the following:

A. Outdoor dining facilities shall be located and configured so as to:

(1) Ensure, to the satisfaction of the Building Inspector, the safe and unhindered passage of pedestrians, including, but not limited to, maintaining a minimum of five feet of unobstructed sidewalk access at all times; and

(2) Prevent the escape of litter from the dining area. The permit holder shall be responsible for sweeping and hosing the area daily.

B. If the establishment has a state liquor license, a copy must be submitted as part of the application.

C. Written authorization for the owner of the property is required if the area to be used for outdoor dining is partially or fully owned by that party.

D. The applicant shall agree, on a form provided by the Town/Village, to indemnify and save harmless the Town/Village of East Rochester, its officers, agents, attorneys and employees, for and against any claim of loss, liability or damage by any person arising as a result of the establishment of outdoor dining.

E. The applicant shall obtain and maintain in full force and effect throughout the term of the permit a policy of general liability insurance, naming the Town/Village of East Rochester, its officers, agents, attorneys and employees as additional insureds. Said policy shall have a combined single limit of not less than $1,000,000 and contain a provision prohibiting its cancellation, except upon 30 days' notice to the Town/Village of East Rochester. The applicant shall file with the Building Inspector a certificate of insurance prior to the issuance of the permit.

§ 80-5 Operating restrictions.

A. Outdoor dining shall be permitted between April 1 and October 1.

B. Outdoor dining facilities shall only be allowed in conjunction with legally established eating establishments located on the same parcel and shall only operate during the hours of operation of the appurtenant eating establishment.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

C. Outdoor dining facilities shall be used only for dining by seated patrons. All meals shall be prepared within the appurtenant restaurant. Meals shall consist of items on the restaurant's menu. No bars for the service of alcohol, food preparation areas or dance areas shall be permitted in an outdoor dining area.

D. No live or broadcast music or other entertainment shall be allowed in conjunction with an outdoor dining facility. Noise levels shall be controlled so that annoyance is not caused to residential areas.

E. Alcoholic beverages may be served only in connection with the service of meals and only after the operator has obtained the necessary permits issued by the New York State Liquor Authority's Division of Alcoholic Beverage Control and, as it relates to food service, the Monroe County Board of Health. No beer, wine or liquor bottles shall be permitted. All service of beverages must be in plastic containers.

F. When the appurtenant restaurant is not open and/or outdoor dining is not in use, all furnishings, utensils, containers, chairs, tables, umbrellas or any other materials used for the outdoor dining shall be removed from public property and neatly stacked, bundled or stored in an approved manner.

G. All outdoor dining shall cease operation by 11:00 p.m. each night and shall not begin before 8:00 a.m. each morning.

H. Outdoor dining facilities and the public property on which they are located shall be kept neat and clean at all times and free from litter or any substance that may damage the sidewalk or cause pedestrian injury.

I. The applicant shall be responsible for any damage caused to any sidewalk or public property.

§ 80-6 Notice of violation; revocation of permit.

If an applicant violates any provision of this chapter, the Building Inspector shall give notice to the applicant to correct said violation within 24 hours of receipt of said notice. Upon failure to correct said violation, the Building Inspector may revoke the applicant's permit issued pursuant to this chapter.

§ 80-7 Enforcement; penalties for offenses.

This chapter shall be enforceable by the Building Inspector, Code Enforcement Officer and the East Rochester Police Department.

A. If an applicant violates any provision of this chapter, he or she shall be liable for prosecution in the Town Court and shall, upon conviction thereof, be liable for a fine not exceeding $250. Each day that such violation continues shall constitute a separate violation.

B. The renewal of all applications will be subject to the previous year's(s') experience. Renewal applications may be denied based upon the seriousness of the violations that occurred and/or the repeated nature of the violations that transpired.