[HISTORY: Adopted by the Board of Trustees of the Village of Minoa 8-18-2008 by L.L. No. 4-2008. Amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 110.
This Chapter 104 shall be known as "Outdoor Prepared-Food Service."
This chapter is designed to permit the outdoor service of prepared foods and dining in areas where it is appropriate and to promote and protect the public health, safety and general welfare. Specific purposes of this legislation are:
A. 
To ensure adequate space for pedestrians on the sidewalk adjacent to outdoor service and dining areas.
B. 
To preserve and enhance the character of the neighborhood where such outdoor service and dining is permitted in the Village and to protect the adjacent areas.
C. 
To promote the most desirable use of land.
A. 
No outdoor service of prepared foods or dining shall be allowed unless a permit has first been obtained from the Village Clerk. Every applicant shall have a copy of the permit issued available for production upon the request of any police officer, codes enforcement or other Village official.
B. 
The fee for such permit shall be in such amount as determined from time to time by resolution of the Board of Trustees. Such resolution may fix fees based upon an annual, monthly or one-day permit fee. The Village Board may, as it deems appropriate, waive the permit fee for those not-for-profit, charitable or similar organization applications not otherwise exempt under § 104-17 hereof.
A. 
Except as provided in § 104-4B, only commercial establishments, operating as of right as a restaurant or substantially similar use, which take orders and serve food and beverages within their establishments for sit-down or take-out service may take orders and serve food and beverages outdoors or in outdoor dining areas.
B. 
Outdoor prepared-foods vending units (e.g., hot-dog/sausage vendor carts) not affiliated with any commercial establishment as required in § 104-4A may operate subject to the provisions of this Chapter 104 at such locations on Village (public) property as may be designated by the Village Board of Trustees from time to time by resolution.
A. 
Any application for outdoor service and dining shall be made to the Village Clerk in writing on a form prescribed by the Village Clerk's office. A separate permit shall be required for each vending unit. Applications for permits are made to the Village Clerk on a form prescribed by the Clerk.
B. 
The terms "applicant" and "permittee" as used herein are synonymous and shall mean the individual or establishment that has applied for and, as applicable, been issued a permit under this Chapter 104.
C. 
Such application shall contain the following information:
(1) 
The name, address and telephone number of the applicant.
(2) 
The name, address and telephone number of the establishment to be the subject of the application and the name and telephone number of the owner and/or operator of the establishment or designated responsible representative.
(3) 
Whether alcoholic beverages are to be served. If so, a copy of the appropriate liquor license issued by the State of New York is to be appended to the application.
(4) 
A survey of the subject property, also indicating any adjacent property which is Village owned.
(5) 
A plan showing the complete sidewalk area, with the location of all furniture and fixtures to be used, including a fully dimensioned seating plan and the location of entrances and exits.
(6) 
Descriptive material showing all furniture and fixtures to be used and how such furniture and fixtures shall be stored or secured during nonoperational hours.
(7) 
Whether live or mechanically reproduced music is to be played and a description and site location of the facilities, equipment or other devices needed for amplification of sound.
(8) 
Proof of insurance and security as required in § 104-9 of this chapter.
(9) 
Any other information that the Village Clerk may find reasonably necessary to determine whether a permit should be issued.
(10) 
(A) statement(s) or other satisfactory proof (certificate, permit or license) from all governmental agency(ies) having jurisdiction over such operations, indicating that the applicant meets the requirements of all county or state codes, rules, regulations or laws relative to food preparation and service, sanitary practices and collection of New York State sales tax.
D. 
The Village Board of Trustees may modify, relax or waive any of the foregoing application requirements as long as the intent of this chapter is nonetheless achieved.
The following standards shall apply:
A. 
The proposed outdoor service or dining area will not interfere with pedestrian or vehicle traffic or use of any other private or Village-owned portion of property adjacent to the establishment or unit and will not, without written consent, make use of any other Village-owned or other public property or right-of-way adjacent to the establishment, except as may be permitted in connection with the subject permit. The applicant's operations shall be confined and limited to those shown on the permit application as approved by the Village.
B. 
The applicant is in compliance with and has met all other applicable provisions in this chapter and those in the Village of Minoa Building and Zoning Codes, and such use shall not present a public or fire safety hazard.
C. 
Except as permitted under § 104-4B hereof, the operation of the outdoor service or dining facility must be by the same person or entity as, or under written contractual agreement providing for such operation with, the principal operation on the premises.
A. 
Notwithstanding the provisions of Chapter 110 of this Code, establishments issued a permit hereunder may engage in outdoor service and/or dining of prepared-food products as set forth in this chapter.
B. 
The consumption of alcoholic beverages of any and all types and kinds is prohibited unless served by the related licensed premises and accompanied by a principal operation of the service and consumption of food. It is the responsibility of the owner and/or operator of the premises who has obtained a permit hereunder for outdoor dining to ensure compliance with this provision.
C. 
A permit holder shall be bound by all applicable rules, regulations, ordinances, local laws and statutes. The Board of Trustees may, by resolution, adopt, from time to time, any additional rules and regulations intended to ensure compliance with all applicable rules, regulations, ordinances, local laws and statutes and the general protection of health, safety and welfare.
D. 
No other activities of any nature conducted now or hereafter by any commercial establishment, enterprise, business, venture or shop in the Village, otherwise prohibited by all applicable rules, regulations, ordinances, local laws or statutes, are changed, amended, suspended or altered in any respect because of this chapter.
E. 
Such outdoor service and dining activities shall, except where permitted under § 104-4B hereof, be limited to areas directly to the front or rear of each store or merchant's establishment and shall not extend beyond the property lines. There shall be a minimum of five feet, total, of sidewalk width clearance to provide adequate and unobstructed pedestrian movement, such width to be measured from the outermost point of the outdoor service and dining area to the nearest obstruction.
The person or persons to whom a permit has been issued shall be liable and shall indemnify the Village for any loss, damage, or injury or expense sustained by the Village arising out of any claim or cause of action whatsoever instituted or commenced by any person or persons arising out of the issuance of such permit or as a direct or indirect result of the operation under such permit.
Prior to the issuance of a permit, the applicant for a permit shall present to the Village a binder, endorsement or unconditional certificate of insurance (or other proof of insurance satisfactory to the Village Attorney) clearly providing for comprehensive general liability, naming the Village of Minoa as additional insured, for combined single limits of no less than $1,000,000 per occurrence and $1,000,000 general aggregate. The same shall provide that no cancellation, or material modifications shall occur except upon 30 days' prior written notice to the Village of Minoa.
All outdoor service dining areas and adjacent areas shall be continuously cleaned and kept refuse free. The outdoor service or dining area and adjacent areas shall be swept and washed down each night just prior to closing and at other times as needed. Trash containers shall be maintained immediately adjacent to the point of sale. Permittees shall collect all litter and debris within 50 feet of the point of sale before closing business on each day and shall transport away all trash and dispose of it in a legal and appropriate manner. However, the same shall not be deposited in a Village-maintained public garbage container. There shall be no storage of equipment on public property outside of the permittees' actual hours of operations.
A. 
Outdoor dining activities except pursuant to § 104-4B may take place between the hours of 8:30 a.m. and 10:00 p.m. on all days of the week, except Sunday. Sunday hours shall be between 9:00 a.m. and 7:00 p.m. Operations pursuant to § 104-4B shall be limited to not earlier than 11:00 a.m. and not later than 1/2 hour before dusk on any day.
Except for permits issued pursuant to § 104-4B, music may be provided so long as it is not of a type or volume as to violate any applicable law or ordinance or create a nuisance to surrounding residents or property owners. Lighting shall be minimal and shall be installed so that no point source shall be observed for any neighboring properties, nor shall any other direct or indirect illumination from the source of light cause illumination in excess of 0.5 footcandle on any abutting property.
All furniture and fixtures used in conjunction with outdoor service must be of a temporary nature and must be brought in at closing time or, except under permits issued pursuant to § 104-4B, be securely fastened against the building facade during nonoperational hours. Except as hereinafter permitted, no signage shall be permitted to be affixed to any temporary structures. All furniture and fixtures shall be approved by the Village Clerk in conformity with guidelines established by the Board of Trustees. For applicants operating under § 104-4B, signage shall be limited to one permanently mounted on the vending unit and one sandwich-board sign located within five feet of the unit not to exceed four square feet on either side.
No applicant shall employ any moving display or flashing or revolving light, nor shall applicants call out to passersby to attract attention to their business.
A. 
Permits shall be issued after Village Board review and approval of a permit application. All permits, regardless of when issued, shall expire on the date stated therein.
B. 
Applications for renewal of permits shall be made in the same manner as original applications. Permits are not assignable.
The provisions hereof shall not be applicable to the temporary use of premises in connection with not-for-profit, charitable and similar uses such as field days, church bazaars and the like or municipal uses, provided in each such case the Village of Minoa Board of Trustees has been made aware of and formally recognized such exempt activity.
A permit may be suspended or revoked by the Village Clerk, any Village officer or law enforcement officer for any of the following:
A. 
Violation by the applicant of any of the provisions of this Chapter 104, the permit issued hereunder, or of any code, rules, regulations or other provisions of law required to be abided by hereunder;
B. 
Any false or fraudulent material statement contained in the application for permit; or
C. 
Any fraudulent or false material statement made in connection with the sale of any item.
Any applicant whose license is not granted or is suspended or revoked pursuant to this section may appeal such nonissuance, suspension or revocation to the Village Board of Trustees. The applicant shall, within 30 days of written request for an appeal, be granted an opportunity to be heard before the Board of Trustees, at which time the only issues to be heard shall be whether the nonissuance, suspension or revocation was proper in light of the provisions and requirements of this Chapter 104 of the Village Code. The applicant, Village Board of Trustees, and any enforcement officials shall have the full right to examine and cross examine all physical evidence and witnesses. The Board of Trustees shall issue a written decision, a copy of which shall be mailed to the applicant within 30 days thereafter.
A violation of this chapter shall be subject to § 104-18 and in addition shall be punishable pursuant to Chapter 113 of the Village of Minoa Code.