[HISTORY: Adopted by the City Council of the City of Newburgh 5-10-2010 by Ord. No. 6-2010. Amendments noted where applicable.]
Notwithstanding any inconsistent provision contained in Chapter 263, Streets and Sidewalks, sidewalk cafes for the sale to the public of food and beverages, and for no other purpose, shall be permitted, provided that a permit is obtained therefor from the Fire Chief.
Any person, firm or corporation desiring a permit shall make
application to the Fire Chief on forms provided therefor.
A permit for a sidewalk cafe may only be issued to the owner
or the tenant of a building occupied and used for the sale of cooked
and prepared food, except fast-food restaurants, in a zoned district
permitting such use and abutting the public sidewalk adjacent thereto,
provided that the following requirements are met:
A.
The sidewalk abutting the property, from the property line to the
curbline, must not be less than 10 feet in width.
B.
The area to be used for the sidewalk cafe must not encroach onto
the sidewalk more than 10 feet from the property line abutting the
sidewalk and must not extend beyond the extension of the side property
lines onto the sidewalk.
C.
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 chairs, tables,
benches, umbrellas, movable railings, and planters for the convenience
of the patrons to be served in such area. Movable railings or planters
shall be so arranged as to enclose the dining area, and the sidewalk
shall be inconspicuously marked to delineate the approved position
of such barriers.
D.
A clear, unoccupied space must be provided, not less than three feet
in width, from all entrances of the building abutting the sidewalk
to the unoccupied portion of the public sidewalk.
E.
Neither outdoor lighting nor live or mechanical music may be used
on or for the cafe area, except that in such cases where streetlighting
is insufficient to so illuminate the dining area so that a hazard
to those traveling the sidewalk may be created, the Fire Chief shall
direct and the applicant shall provide such lighting for nighttime
hours as the Fire Chief shall require.
F.
General comprehensive liability insurance naming the applicant and
the City of Newburgh, its officers, agents and employees as named
insureds must be provided, with limits of $25,000/$50,000 for property
damage and $1,000,000/$2,000,000 for personal injury, effective for
the duration of the permit.
G.
Permits may be issued only during the period from May 15 to October
31 and shall be for such duration, within the time provided herein,
as the applicant may request.
H.
There shall be a minimum clear distance of five feet, exclusive of
the area occupied by the sidewalk cafe, free of all obstructions,
such as trees, parking meters, utility poles, streetlights, benches,
planters, and movable railings in order to allow for adequate and
safe pedestrian movement.
A.
All sidewalk cafes shall cease operations by 10:00 p.m. Sunday through
Thursday and 11:00 p.m. Friday and Saturday.
B.
All alcoholic beverages to be served at sidewalk cafes shall be prepared
within the existing restaurant and shall only be served to patrons
while seated at tables. The drinking of alcoholic beverages by a member
of the public while a patron of the sidewalk cafe within the confines
of the sidewalk cafe area shall not be construed to be a violation
of any local law prohibiting the consumption of alcoholic beverages
in a public place or area.[1] The operator of a sidewalk cafe should be in full compliance
with the licensing requirements of the State Liquor Authority, as
the same 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 State Liquor
Authority laws, rules and regulations concerning the sale of alcoholic
beverages, then serving alcoholic beverages in the sidewalk cafe area
shall be prohibited.
C.
The restaurant shall not serve food or beverages to a patron at a
sidewalk cafe unless that patron is seated at a table.
D.
Sidewalk cafes and the public property on which they are located
shall be kept neat and clean at all times and free from any substance
which might damage the sidewalk or cause injury to pedestrians.
A.
The fee for each permit shall be as set forth in Chapter 163, Fees, payable upon the issuance of the permit.
B.
The sum of $100 shall be deposited, upon the issuance of the permit,
to guarantee compliance with the terms of this chapter and the removal
of such items as may be placed upon the public sidewalk upon the expiration
date of the permit. In the event that the permittee should violate
any of the provisions of this chapter, the Fire Chief may terminate
the permit, after five days' notice in writing by certified mail,
return receipt requested, mailed to the address shown in the application,
effective on the date of mailing, with an opportunity to the permittee
for a hearing and upon a finding by the Commissioner of such violation,
or upon the default of the permittee to appear for the hearing at
the time and date specified in such notice.
In the event that the permittee should fail to remove all items
placed upon the public sidewalk, upon the expiration of the permit
by lapse of time, or for violation of this chapter, the Fire Chief
may have such items removed, forfeit the deposit for the cost and
charge the permittee for any excess cost above the deposit, together
with the cost for storage of such items until removed by the permittee
from storage. In the event that the permittee should fail to pay the
cost of storage and any excess cost of removal within 90 days after
storage, the Fire Chief may sell the items at public auction, reimburse
the City for all costs and, if any surplus moneys remain, pay them
over to the permittee.
An offense against the provisions of this chapter shall be punishable
by a fine of not more than $250 or by imprisonment for not more than
15 days, or both.
