[HISTORY: Adopted by the Board of Trustees
of the Village of Southampton 6-21-2005. Amendments noted where applicable.]
Upon obtaining a license to do so from the Village
Clerk, a business may use the Village sidewalk to provide outdoor
sidewalk dining in accordance with the following rules and regulations.
In order to be eligible for a license, a business
must meet the following requirements:
A.
The business must be a business which lawfully serves
food for consumption on the business premises at indoor dining seats.
Such a business includes a restaurant. Such a business may include
a retail store or shop whose primary business activity consists of
retail sale of food to the public for consumption off the business
premises, provided that such retail store or shop lawfully serves
food for consumption on the business premises at indoor dining seats
as an accessory use.
B.
The business must be located in a building which is
adjacent to or in close proximity to a Village sidewalk.
An applicant for a license shall submit the
following information:
A.
A plan showing the proposed design and layout of the
sidewalk dining area (including the number and location of tables
and chairs) with data and dimensions sufficient to show compliance
with these rules and regulations. No alterations or modifications
shall be made with respect to an approved plan (the plan approved
upon issuance of a license) unless and until a revised plan showing
any proposed alterations or modifications has been submitted to and
approved by the Village Clerk.
B.
Information with respect to the business conducted
by the applicant sufficient to show that the applicant is eligible
for a license.
C.
Such other information (including the number of indoor
dining seats provided by the applicant on the business premises) as
may be reasonably necessary to show compliance with these rules and
regulations.
D.
The application fee, the certificate of insurance
and the signed and acknowledged indemnification.
The sidewalk dining area shall be located in
front of the building occupied by the licensed business, shall not
be located more than six feet from the front of the building unless
approved by the Village Building Inspector, and shall stay within
the width of (shall not extend beyond the width of) the building.
The sidewalk dining area shall be located so
as to assure adequate space on the Village sidewalk for pedestrians
utilizing the Village sidewalk. An unobstructed sidewalk width of
at least six feet shall be maintained for pedestrian use of the Village
sidewalk.
The sidewalk dining area shall be open to the
sky (except that it may be covered with a retractable awning).
The sidewalk dining area shall not be enclosed.
No fencing, railing or similar barriers shall be utilized to delineate
the sidewalk dining area. The sidewalk dining area may be delineated
by utilizing velvet ropes. No objects shall be placed on the sidewalk
dining area other than movable tables and chairs.
The sidewalk dining area may contain movable
tables and chairs for outdoor dining. The number of outdoor dining
seats within the sidewalk dining area shall not exceed 20% of the
number of indoor dining seats lawfully provided by the licensed business
on the business premises. During the period when outdoor dining seats
are provided on the sidewalk dining area, the number of indoor dining
seats utilized by the licensed business shall be correspondingly reduced.
The permitted hours of operation of a sidewalk
dining area shall be from 7:00 a.m. to 12:00 midnight. Tables and
chairs must be removed from the sidewalk by 12:00 midnight and may
not be placed on the sidewalk prior to 7:00 a.m. Tables and chairs
must be removed from the sidewalk during inclement weather.
The sidewalk dining area shall not be used for
any purpose other than service of food and beverages (including alcoholic
beverages) for consumption on the Village sidewalk at tables and chairs
within the sidewalk dining area.
The licensed business operating the sidewalk
dining area shall be responsible for trash removal and shall maintain
the sidewalk dining area and surrounding five feet in a clean litter-free
manner during the hours of operation. Tables and chairs shall be maintained
in good condition.
A sidewalk dining area shall not use any public
amenities, such as benches, seats or trash receptacles provided for
public use of the sidewalk.
All exits and means of egress from the business
premises occupied by the licensed business shall be maintained and
shall not be obstructed in any manner.
The licensed business shall indemnify the Village
and hold the Village harmless from and against any and all claims,
causes of action, liability, damage, loss, cost or expense (including
reasonable attorneys' fees) arising out of or related to the use,
maintenance or operation of the sidewalk dining area or arising out
of or related to the license.
The licensed business shall obtain and maintain
in force and effect during the term of the license a comprehensive
public liability insurance policy with a limit of at least $1,000,000
covering the license and the use, maintenance and operation of the
sidewalk dining area, and the Village shall be named as an additional
insured in said policy. Said policy shall be in form and substance
satisfactory to the Village.
A.
The application fee for a license shall be $250. In
addition, there shall be a set-up fee calculated by square footage
of area being utilized. Length times width equals square footage.
The set-up fee shall be $5 per square foot.
[Amended 6-15-2021 by L.L. No. 1-2021]
B.
The term of a license shall be for a period commencing
on April 1 (or on its date of issuance if issued after such date)
and ending on November 1.
C.
A license shall be personal to the licensed business
and shall not be transferred or assigned by the licensed business.
Use and operation of the sidewalk dining area
shall be conducted in compliance with these rules and regulations
(including any amendments thereto). Use and operation of the sidewalk
dining area shall be conducted in compliance with all other applicable
governmental laws and regulations (including but not limited to the
Code of the Village of Southampton, requirements of the Suffolk County
Department of Health Services and requirements of the State Liquor
Authority).
A license may be suspended by the Village Building
Inspector for violation of these rules and regulations. If the license
of a licensed business is suspended by the Village Building Inspector,
such suspension shall take effect immediately and shall remain in
effect unless and until such suspension is terminated by the Village
Board of Trustees. If the license of a licensed business is suspended,
such business shall not provide outdoor sidewalk dining during the
period such suspension remains in effect. If the license of a licensed
business is suspended, such business may appeal to the Village Board
of Trustees from the determination of the Village Building Inspector
suspending such license. Upon such appeal, the Village Board of Trustees
may terminate the suspension immediately, may terminate the suspension
as of a specified date (in which event the suspension shall remain
in effect until such date specified by the Village Board of Trustees)
or may revoke the license.
A license may be revoked at any time and for
any reason (with or without cause) by resolution of the Village Board
of Trustees.
These rules and regulations may be amended at
any time by resolution of the Village Board of Trustees.
