[HISTORY: Adopted by the Board of Trustees of the Village
of Haverstraw 4-18-2011 by L.L. No. 5-2011. Amendments noted where
applicable.]
Outdoor dining in the form of a sidewalk cafe may be permitted
by special permit of the Building Inspector, provided that such use
is incidental to and in conjunction with an established permitted
restaurant, drinking establishment or delicatessen as permitted in
the commercial districts. Outdoor cabarets and outdoor dining in conjunction
with a cabaret are specifically prohibited.
The Building Inspector is authorized to issue a special permit renewable yearly to operate a sidewalk cafe on public property, provided that the standards and requirements set forth in § 159-3 of this chapter have been complied with by the applicant. This exception applies only to sidewalks. The Building Inspector may refuse a renewal of the permit if in his judgment the use at that location has unreasonably interfered with vehicular or pedestrian traffic or the premises has a history of lack of cleanliness or a violation of site plan or for any other good cause which he may document.
The Building Inspector shall require a simplified site plan
to be filed as a part of each application and such plan shall conform
in all respects to the following:
A.
There shall be a minimum of three feet of clear distance adjacent
to the area occupied by the sidewalk cafe in order to allow adequate
pedestrian movement. When an extended building line places a permitted
establishment within 20 feet of the corner of a block, a sidewalk
cafe shall only be permitted when it is determined that the use will
not create a hazard, a sight distance obstruction for motor vehicle
operators or unduly impede pedestrian traffic. There shall be no tables
within or blocking an entrance or exit doorway.
B.
A sidewalk cafe may be located only directly in front of the establishment
with which it is associated. Sidewalk cafes shall be placed adjacent
to the building and where the sidewalk is of such width and design
that it does not interfere with pedestrian or vehicular traffic. Tables
may be permitted against or away from the building, within the Building
Inspector's discretion, provided that pedestrian and vehicular traffic
is not impeded.
C.
The perimeter of the outdoor cafe area shall be highlighted with
an erasable or removable marking. Such marking shall be applied by
the permit holder as its sole cost. The permit holder shall be fully
responsible for the proper application and removal of any such marking
and shall be liable for any subsequent damage or permanent indication
of such marking on the public sidewalk. A fully removable gateless
fencing no higher than table height may be erected on the perimeter
line and attached to the building if removed nightly.
D.
Furnishings shall consist solely of tables, table umbrellas, chairs,
planters containing live plants and accessories. Furnishings may not
be attached, even in a temporary manner, to the sidewalk or other
public property.
E.
No permanent structure or enclosure to accommodate the storage of
furniture, accessories or accumulated garbage may be erected or placed
adjacent to or separate from the sidewalk cafe on public property.
F.
A sidewalk cafe shall not interfere with any public service facility
such as a mailbox or public bench located on a sidewalk.
H.
All outdoor cafes pursuant to this chapter must provide a food menu,
but this shall not be interpreted to prohibit the service of beverages
only.
I.
Tables shall be cleared promptly upon the departure of guests and
all tables shall have ashtrays which must be emptied and cleaned as
needed. The management is responsible for a neat appearance and a
tidy sidewalk in and about the area at all times.
J.
The permit holder of a sidewalk cafe shall maintain, at its sole
expense, comprehensive general liability insurance coverage in an
amount not less than $1,000,000, with the Village named as additional
insured.
A.
The Building Inspector may prohibit or limit the hours of operation
of any activities that may impact an adjacent or nearby properties,
such as the operation or use of musical instruments or sound reproduction
devices, or any noise emanating from the sidewalk cafe or outdoor
vending area other than the conversational and service sounds.
B.
When the associated indoor establishment is not open or the sidewalk
cafe is not in daily use, all furnishings shall be removed daily from
public property.
C.
Permission to serve alcoholic beverages at sidewalk cafes shall be
contingent upon the applicant obtaining written approval from the
New York State Liquor Authority to serve such alcoholic beverages
at the location of the sidewalk cafe. Proof of such permission must
be provided to the Building Inspector prior to the issuance of any
special permit. Additionally, all alcoholic beverages to be served
at sidewalk cafes shall be prepared in the interior of the establishment.
D.
The restaurant shall not serve food or beverage to a patron at a
sidewalk cafe unless that patron is seated at a table.
E.
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
that may damage the sidewalk or cause pedestrian injury.
F.
The total number of patrons at any outdoor cafe or at any sidewalk
tables authorized under this chapter shall not exceed six patrons
as of 12:00 midnight of the morning following an evening of food and
beverage service.
G.
All outdoor cafes and sidewalk tables authorized under this chapter,
as well as any furnishings used in association with the outdoor cafe
area, shall be removed from the outdoor cafe area at or before 1:00
a.m. of the morning following an evening of food and beverage service.
This chapter shall be enforceable by the Building Inspector,
Village Code Enforcement Officer, the Town of Haverstraw Police or
the Village parking enforcement aides.
A.
Any person, association, organization, corporation, company or business
entity violating or failing to comply with the provisions of this
chapter, or with any order or direction lawfully given hereunder,
shall be liable to a penalty not exceeding $500; and which charge,
under this article, shall be a petty offense or infraction, and not
a crime. The continuation or repeat of a violation of, or failure
to comply with, any provision of this article shall constitute, for
each occurrence that transpires or each day on which the violation
continues, a separate and distinct charge hereunder.
[Amended 10-17-2022 by L.L. No. 3-2022]
B.
The Village Board may revoke a special permit for outside dining
if the police are called to the establishment for a disturbance of
any kind three or more times in a six-month period or any conviction
of an offense under this chapter.
