§ 212-4Permit required.
§ 212-5Application requirements; fee.
§ 212-6Review of application.
§ 212-7Conditions for issuance of permit.
§ 212-8Cafe regulations.
§ 212-9Promulgation of rules, regulations and specifications.
§ 212-10Notice of violation; revocation of permits.
§ 212-11Sale and consumption of alcoholic beverages.
§ 212-12Penalties for offenses; effect on eligibility for permit.
The sidewalk cafe regulations, as established in this chapter, are designed to allow sidewalk cafes on public property in locations where they are determined to be appropriate by the Village Manager and to promote and protect the public health, safety and general welfare. These general goals include, among others, the following specific purposes:
To provide adequate space for pedestrians on the sidewalk adjacent to sidewalk cafes and to ensure access to adjacent commercial and retail uses.
To promote sidewalk cafes as useful and properly planned visual amenities which better relate to the streetscape.
To promote the most desirable use of land and buildings and thereby protect the village's tax revenues.
For purposes of this chapter, the following terms shall have the following meanings:
- PUBLIC SERVICE FACILITY
- A public telephone, mailbox, bench or other facility provided for the use of the general public.
- Any area between the curbline and a structure, whether publicly or privately owned, which is used by the public or open to use by the public.
- SIDEWALK CAFE
- An outdoor dining area located on a sidewalk.
No person shall engage in the operation of a sidewalk cafe, except upon the granting of a license therefor by the Village Manager pursuant to this chapter and in accordance with the terms and conditions of such license.
Rules and regulations. The Village Manager is hereby authorized to grant revocable licenses for the use of the sidewalks for sidewalk cafes upon the following terms and conditions:
The license shall be valid only during a single calendar year.
No sidewalk cafe may be operated except:
No sidewalk cafe shall operate when the entity with which it is associated is not open to the public.
Furnishing of a sidewalk cafe shall consist solely of readily removable tables, chairs, umbrellas and trash receptacles (together "furnishings") of a standard design, type, size and color approved by the Village Manager. No furnishings shall be permitted whatsoever to vary from such standards for design, type, size and color as the Village Manager shall approve. Furnishings may not be attached, even in a temporary manner, to the sidewalk or other public property or to any building or structure. All furnishings shall be removed from the sidewalk and stored indoors at closing in an approved manner when the sidewalk cafe is not in operation.
No permanent structure maybe affixed to the sidewalk or any building except as set forth in § 212-4C herein.
Sidewalk cafes, the public property on which they are located and the surrounding area shall at all times be kept free and clear of litter, debris and any substance that may damage the sidewalk or cause pedestrian injury.
The licensee shall dispose of all refuse in accordance with its designated and customary place of disposal and shall have the affirmative obligation to maintain the sidewalk cafe and surrounding premises free of litter at all times. Licensees may maintain receptacles for the disposal of waste on the sidewalk in a design, type, size and color approved by the Village Manager. Licensees shall not use town receptacles for disposal of garbage or refuse.
The licensee shall have the consent of the owner and lessee, if any, of the premises in front of which the licensed activity is to conducted.
Live or mechanical music shall be permitted, so long as and to the extent that it will not adversely impact on adjacent or nearby residential, religious, educational or commercial properties and shall be in accordance with all applicable codes and regulations.
All food and beverages to be served or consumed at sidewalk cafes shall be prepared within the existing restaurant or retail food store. The restaurant shall not serve food or beverage to a patron at a sidewalk cafe area unless that patron is seated at a table.
All alcoholic beverages to be served at sidewalk cafes shall be prepared within the existing restaurant, and alcoholic drinks shall only be served to patrons seated at tables. The drinking of alcoholic beverages by a member of the public while a patron at a sidewalk cafe, within the confines of the sidewalk cafe area, shall not be construed as a violation of any ordinance controlling open containers in a public area. The operator of the sidewalk cafe shall take whatever steps are necessary to procure the appropriate license from the state liquor authority if he intends to serve alcoholic beverages in the sidewalk cafe area and shall comply with all other laws and regulations concerning the serving of alcoholic beverages in this state.
Operation of a sidewalk cafe shall not adversely impact on adjacent or nearby residential, religious, educational or commercial properties and shall be in accordance with all applicable codes and regulations.
Any person, firm or corporation may operate a sidewalk cafe hereinafter called (“cafe") within the Village of Monticello on any sidewalk adjacent to his place of business upon obtaining a seasonal or permanent permit from the Village Manager (hereinafter called "Manager”) of the Village of Monticello.
A seasonal permit shall be valid only until October 31 of the year issued and such sidewalk cafe must be removed by such date.
A permanent permit shall be available upon payment of the fee required by the fee schedule for such permanent permit. Such a permanent permit shall permit the sidewalk structure to remain year round. The owner of the property shall be responsible for keeping the sidewalk structure and the immediate vicinity free and clear of all ice and snow and of any and all debris. The owner of the property shall also be required to illuminate the structure so it shall be able to be viewed from the street at all times. Said deck must comply with the current New York State Building Code and the Village of Monticello Building Code.
Each applicant for a permit under this chapter shall submit three copies of his plans for a cafe to the Manager, together with a nonrefundable fee as provided in the fee schedule.
Before any permit is issued pursuant to this chapter, the plans submitted to the Manager pursuant to this chapter shall be referred to the Highway Superintendent, who shall recommend approval, disapproval or modification of said plans within one week of the submission of the plans. In no event, however, shall any permit be issued unless a minimum of eight feet of sidewalk space remains for pedestrian use between the curbline and the edge of the sidewalk cafe nearest thereto. Except for properties fronting on Broadway, the Manager of Public Safety and Public Works may reduce this minimum to five feet, but in the event of so doing said Manager may impose restrictions thereon. The minimum of eight feet of sidewalk space for pedestrian use may not be waived on Broadway.
Upon approval by the Manager of the plans submitted by the applicant pursuant to § 212-13, the Manager shall issue a permit, valid for one calendar year, to the applicant upon the payment to the Manager by the applicant of an annual license fee as provided in the fee schedule and upon the applicant furnishing to the Village of Monticello the following:
An agreement by the applicant to repair, at the expense of the applicant, any damage caused to the sidewalk in the operation of the cafe. The Manager may require a bond, in an amount to be fixed by the Manager, to be filed by the applicant.
A hold-harmless agreement executed by the applicant and indemnifying the village against loss, including costs and expenses resulting from injury to person or property as a direct or indirect result of the operation of the cafe or for injury to person or property occurring on the premises occupied by the cafe.
Proof of liability insurance in the amount of $500,000 per individual and $1,000,000 per occurrence, naming the Village of Monticello as an additional named insured.
Proof that the applicant has a state liquor license authorizing him to serve alcoholic beverages in his cafe.
A cafe authorized and operated pursuant to this chapter shall:
Comply with all plans submitted to and approved by the Manager.
By no later than 2:00 a.m., have all furniture, utensils, containers or any other materials used in the operation of the cafe or within the area used by the cafe removed from the sidewalk cafe area, provided that any railing, flooring or other support or enclosure used in the assembly, operation or enclosure of the cafe may be allowed to remain on the sidewalk area if specifically permitted in the Manager's approval of the cafe plans, above. No cafe shall remain open after 2:00 a.m.
Remove all cafe structures by October 31 in any year for which a license is granted, except as set forth in § 212-4C herein.
Comply with all other provisions of the Code of the Village of Monticello, New York.
The Manager is hereby authorized to regulate the operation of cafes through the promulgation of appropriate rules, regulations and specifications.
Upon a finding by the Manager that an applicant has violated any provisions of this chapter, the Manager shall give notice to said applicant to correct said violation within 24 hours of receipt of said notice by the applicant. Upon failure to correct said violation within 24 hours, the Manager may revoke the applicant's permit issued pursuant to this chapter.
The area encompassed within a cafe authorized pursuant to this chapter shall be considered duly licensed for sale and consumption of alcoholic beverages and shall not be subject to Chapter 82 of the Code of the Village of Monticello.
Any person who violates any of the provisions of this chapter or at whose premises a violation of Chapter 185 of the Code of the Village of Monticello Code, entitled "Noise," occurs two times in one year shall have his license revoked for one full year and shall not be eligible for another license until the expiration of one full year.