[HISTORY: Adopted by the Board of Trustees of the Village
of Monticello 5-3-1993 by L.L.
No. 7-1993 (Ch. 90 of the 1976 Code). Amendments
noted where applicable.]
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:
A.
To provide adequate space for pedestrians on the sidewalk adjacent
to sidewalk cafes and to ensure access to adjacent commercial and
retail uses.
B.
To promote sidewalk cafes as useful and properly planned visual amenities
which better relate to the streetscape.
C.
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:
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.
An outdoor dining area located on a sidewalk.
A.
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.
B.
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:
(1)
The license shall be valid only during a single calendar year.
(2)
No sidewalk cafe may be operated except:
(3)
No sidewalk cafe shall operate when the entity with which it is associated
is not open to the public.
(4)
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.
(5)
No permanent structure may be affixed to the sidewalk or any building except as set forth in § 212-4C herein.
[Amended 10-7-2003 by L.L. No. 9-2003]
(6)
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.
(7)
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.
(8)
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.
(9)
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.
(10)
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.
(11)
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.
(12)
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.
[Amended 10-7-2003 by L.L. No. 9-2003]
A.
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.
B.
A seasonal permit shall be valid only until October 31 of the year
issued and such sidewalk cafe must be removed by such date.
C.
A permanent permit shall be available upon payment of the fee as
set by the Village Board of Trustees for such permanent permit.[1] 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 Uniform Fire Prevention
and Building Code and the Village of Monticello Building Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 set by the Village Board of Trustees.[1] Such plans shall show that the applicant:
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Upon approval by the Manager of the plans submitted by the applicant pursuant to § 212-5, 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 of $300 per year or as set by the Village Board of Trustees[1] and upon the applicant furnishing to the Village of Monticello
the following:
A.
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.
B.
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.
C.
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.
D.
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:
A.
Comply with all plans submitted to and approved by the Manager.
B.
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.
C.
Remove all cafe structures by October 31 in any year for which a license is granted, except as set forth in § 212-4C herein.
[Amended 10-7-2003 by L.L. No. 9-2003]
D.
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.
B.
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.
