[Adopted 8-17-2009 by L.L. No. 6-2009]
The sidewalk cafe regulations as established in this article
are designed to allow sidewalk cafes on public property in locations
where they are determined to be appropriate by the Village Administrator
and to promote and protect the public health, safety and general welfare.
The general goals are to:
A.
Promote sidewalk cafes as useful and properly planned visual amenities
that relate harmoniously to the streetscape.
B.
Provide adequate space for pedestrians on the sidewalk adjacent to
sidewalk cafes and to ensure access to adjacent commercial and retail
uses.
C.
Promote the most desirable use of property in the Village.
As used in this article, the following terms shall have the
meanings indicated:
The point at which a curb stone meets a roadway.
Any area between the curbline and a permanent building or
structure, whether publicly or privately owned, which is used by the
public or open to use by the public.
An outdoor dining area accessory to a food establishment
and located on a public sidewalk and containing readily removable
tables, chairs, railings and/or planters. It is otherwise unenclosed
by fixed walls and open to the air.
No one shall operate a sidewalk cafe without a permit issued
under this article. The Village Administrator is authorized to issue
a revocable permit for the seasonal operation of a sidewalk cafe,
provided that all of the requirements of this article have been complied
with. The permit shall be valid from April 1 through December 31 of
the calendar year. The permit may be renewed annually, subject to
the conditions of this article.
A.
An application for a sidewalk cafe permit shall state the name and
address of the establishment where the sidewalk cafe is proposed;
the name and address of the applicant with phone number and e-mail
address; proposed hours of operation of the sidewalk cafe; a complete
list of equipment proposed to be placed on the sidewalk.
B.
The application shall be accompanied by sketches, at a scale of at
least 1/4 inch equals one foot:
(1)
Showing the sidewalk adjoining the establishment where the outdoor
cafe is proposed, detailing the location of the curb, any trees and
tree wells, mailboxes, streetlights, utility poles or other obstructions;
and
(2)
Showing the location of all tables, chairs, benches and other equipment
proposed to be located on the sidewalk.
C.
If the applicant is not the owner of the premises in front of which
the sidewalk cafe is proposed, (s)he must provide proof of the property
owner's consent to the sidewalk cafe.
D.
The applicant must submit, prior to the issuance of the permit, in
a form acceptable to the Village Administrator, an agreement to indemnify
and save harmless the Village of Irvington, its officers and employees
against any loss or liability or damage, including expenses and costs
for bodily injury and for property damage sustained by any person
as a result of the applicant's operation of a sidewalk cafe on
public property.
E.
The applicant must submit, prior to the issuance of the permit, a
certificate of general liability insurance naming the Village of Irvington,
its officers, agents and employees as additional insureds, with the
following limits: for personal injury, $1,000,000 per individual and
occurrence; and for property damage, $1,000,000 per individual and
occurrence, effective for the duration of the permit, and containing
a provision prohibiting its cancellation except upon 20 days'
notice to the Village of Irvington.
[Amended 5-2-2016 by L.L.
No. 4-2016]
F.
A fee as fixed by resolution of the Board of Trustees is required
upon the issuance or annual renewal of the sidewalk cafe permit.
G.
The Village Administrator shall grant or deny an application for
a permit under this article within 30 days after submission of all
the required information and documents, and upon payment of the fee.
The permit may include any conditions that the Village Administrator
deems to be reasonable and necessary to protect the health, safety
and welfare of the public.
A.
The sidewalk cafe shall be conducted only as accessory to a lawfully
operating food establishment, on the sidewalk abutting the principal
place of business of such establishment, and by the entity that operates
such establishment.
B.
There shall be a minimum of four feet of clear distance free of all
obstructions to allow adequate pedestrian movement. The minimum distance
shall be measured from the portion of the sidewalk cafe that is nearest
either the curbline or the nearest obstruction (such as tree wells,
utility poles, streetlights, etc.).
C.
A clear, unoccupied space must be provided, not less than five feet
in width, from all entrances of the building abutting the sidewalk
to the unoccupied portion of the public sidewalk.
D.
No permanent structures may be affixed to the sidewalk area used
for the cafe or affixed to the building abutting the area for purposes
of the cafe, and the area may be occupied only by readily removable
chairs, tables, benches, railings and/or planters.
A.
No sidewalk cafe shall operate other than between 8:00 a.m. and 10:00
p.m. on Sunday through Thursday, and between 8:00 a.m. and 11:00 p.m.
on Friday, Saturday and the night before a federal holiday, nor when
the establishment to which it is accessory is not open to the public.
B.
All tables, chairs and other equipment used for the sidewalk cafe shall be removed from the sidewalk at the closing time required by Subsection A.
C.
The restaurant or food establishment shall not serve food or beverages
to a patron at a sidewalk cafe unless that patron is seated at a chair,
bench or table.
D.
All food and beverages served at the sidewalk cafe shall be prepared
or sold within the existing restaurant or food establishment.
E.
All alcoholic beverages to be served at a sidewalk cafe shall be
prepared within the existing restaurant, and alcoholic drinks shall
be served only to patrons seated at chairs, benches and/or tables.
All alcoholic beverages must be served by a waiter, who brings the
beverage to the outdoor cafe. 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 local law controlling consumption of alcoholic
beverages in a public area. The operator of a sidewalk cafe shall
be in full compliance with the licensing requirements of the State
Liquor Authority, as may exist, and shall comply with all other laws
and regulations concerning the sale of alcoholic beverages in the
state. In the event that said sidewalk cafe is not in full compliance
with the State Liquor Authority's laws, rules and regulations,
then the serving and consumption of alcoholic beverages in the sidewalk
cafe shall be prohibited.
F.
Sidewalk cafes and the public property on which they are located,
and the surrounding area, shall be kept neat and clean at all times
and free from any substance that may damage the sidewalk or cause
pedestrian injury.
G.
No waste receptacles for the sidewalk cafe are permitted outdoors.
H.
No table surface in a sidewalk cafe shall have any dimension greater
than 24 inches.
I.
No outdoor lighting may be used on or for the sidewalk cafe except
for low-level tabletop lighting.
J.
No live or mechanical music may be operated or used within or for
the sidewalk cafe.
K.
No sidewalk cafe may be operated when there is snow on the sidewalk
on any area in front of the food establishment.
No additional parking which might otherwise be required by the
Zoning Code[1] is required for a sidewalk cafe.
Neither the adoption of this article nor the granting of any
permit pursuant to this article shall be construed as a waiver of
any right, privilege or immunity that the Village of Irvington may
have with respect to streets and sidewalks, whether express or implied.
A.
Any person who violates any provision of this article shall be subject
to a penalty of not more than $500.
B.
In addition, upon learning that any permittee operating a sidewalk
cafe has violated any provision of this article or the terms and conditions
of a sidewalk cafe permit or has engaged in any practice in conjunction
with a sidewalk cafe that constitutes a danger to the health or safety
of any patron or pedestrian, the Village Administrator shall give
notice to the permittee to correct such violation or cease such practice
within 24 hours. If the permittee fails to comply with such notice,
the Village Administrator may suspend the permit for a period not
in excess of 30 days, during which time the permittee shall be entitled
to a hearing before the Village Administrator, at which the permittee
may be represented by counsel, to present evidence in his or her behalf
and confront the evidence against the permittee. Within 48 hours after
the hearing is closed, the Village Administrator must either revoke
the permit or reinstate the permit. In reinstating the permit, the
Village Administrator may impose additional conditions related to
the violation or improper practice that has been found. If the permittee
does not request a hearing, the permit shall be permanently revoked.
