[HISTORY: Adopted by the Town Board of the Town of Orangetown 8-17-1998 by L.L. No.
9-1998.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Architecture and Community Appearance Board of Review — See Ch. 2.
Drinking in public — See Ch. 10.
Retail establishments — See Ch. 26A.
Streets and sidewalks — See Ch. 32.
[1]
Editor's Note: This local law also repealed former Ch.
31B, Sidewalk Cafes, adopted 9-13-1993 by L.L. No. 15-1993, as amended.
The sidewalk cafe and vending regulations as established in
this chapter are designed to allow sidewalk cafes and vending on public
property, in locations where they are determined to be appropriate
by the Director of the Office of Zoning, Planning, Administration
and Enforcement ("Director") 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 cafe and vending areas and to ensure access to
adjacent commercial and retail uses.
B.
To promote sidewalk cafes and vending as useful and properly
planned visual amenities which better relate to the stereoscope.
C.
To simplify administrative and strengthen enforcement procedures
for sidewalk cafes and vending that are effective, efficient and enforceable.
D.
To preserve and enhance the character of neighborhoods
through the Town and to protect the adjacent residential areas.
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.
The sidewalk area adjacent to and a part of a permitted indoor
retail establishment that is used for the sale of retail merchandise.
A.
No person shall engage in the operation of a sidewalk cafe
or vending except upon the granting of a permit therefor by the Director
pursuant to this chapter and in accordance with the terms and conditions
of such permit.
B.
Rules and regulations. The Director is hereby authorized
to grant revocable permits for the use of the sidewalks for sidewalk
cafes and vending upon the following terms and conditions:
(1)
Review and approval of the Architecture and Community
Appearance Board of Review.
(2)
Permits shall be issued on or after January 1 of each year. All permits, regardless of when issued, shall expire on December 31, and shall be renewed each year thereafter on application of the applicant specifying any change from the information originally set forth pursuant to § 31B-3C of this chapter unless the Director, for cause, or the applicant does not renew said permit. In the event that the Director determines not to renew a permit, he shall give notice to the applicant of said intention, by certified mail, return receipt requested, not later than 30 days after receipt of an application for renewal of said permit, and the reason therefor. The applicant may seek review of the Director's determination by appealing to the Zoning Board of Appeals. Such review shall be requested by the applicant in writing and not later than 15 days from the receipt of the denial of the application by the Director of said permit. Upon appeal, the Zoning Board of Appeals shall give notice to the applicant of the meeting at which the appeal will be considered, which notice shall be delivered personally or by certified mail and addressed to the applicant's address as shown on the application. Such applicant shall be entitled to attend the meeting before the Zoning Board of Appeals and shall be afforded a full opportunity to be heard. The Zoning Board of Appeals shall render a final determination within 62 days of said meeting.
C.
No sidewalk cafe or vendors may be operated except:
D.
No sidewalk cafe shall operate after 12:00 midnight or
when the entity with which it is associated is not open to the public.
E.
No permanent structure may be affixed to the sidewalk or
any building. The applicant shall be responsible for any damage caused
to any sidewalk or public property as a result of the applicant's
operations under this chapter.
F.
The public property on which sidewalk cafes and vending
are located and the surrounding area shall at all times be kept free
and clear of lifter, debris and any substance that may damage the
sidewalk or cause pedestrian injury.
G.
The applicant shall dispose of all refuse in accordance
with it designated and customary place of disposal and shall have
the affirmative obligation to maintain the sidewalk and surrounding
premises free of lifter at all times.
H.
No live or mechanical music shall be permitted.
I.
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 beverages to a patron
at a sidewalk cafe area unless that patron is seated at a table.
J.
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 code or ordinance controlling
open containers in public areas. The operator of the sidewalk cafe
shall 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.
K.
Operations of a sidewalk cafe or vending 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.
L.
Restaurants located next to each other, without intervening
uses or entranceways to buildings, may have sidewalk cafes that abut
each other.
M.
At all times a five-foot walking area between the cafe
table area and vending table area and the curb must be maintained.
Furnishings or other property must not be allowed to intrude upon
the five-foot walking area.
N.
The permit holder shall at all times maintain free and
clear from all obstruction an aisle not less than four feet in width
providing access to any establishment fronting on said sidewalk.
O.
The sidewalk use shall not interfere with access to any
public service facility.
P.
There shall be a minimum of 45 square feet of table area
for each set of table and chairs.
Q.
Application for a permit pursuant to this section shall
be made on a form designed by the Town Supervisor and approved by
the Town Attorney. Such form shall contain at least the following
information:
(1)
The name and address of the applicant.
(2)
The proposed site for the activity.
(3)
A site plan showing the following:
(a)
A proposed layout.
(b)
The capacity of the existing facility and capacity
of proposed outdoor dining.
(c)
A statement of the months, days and hours of intended
operation.
(d)
The applicant's entire property and adjacent
properties on the location map with streets for a distance of at least
25 feet, at a scale of one-inch equals 10 feet.
(e)
A detailed plan at a scale acceptable to the Director,
such as 1/2 inch equals one foot, showing the design and location
of all temporary structures such as tables and chairs.
(4)
Proof of insurance as required by this chapter.
(5)
Any other information that the Director may find reasonably
necessary for the fair determination as to whether a permit should
be issued.
The Director or his designee shall grant or disapprove an application
for a permit pursuant to this chapter within 30 days of its complete
submission.
Upon a finding by the Director that the applicant has violated
any provision of this chapter or the terms and conditions of the permit
or has engaged in any practice in conjunction with the regulated sidewalk
activity which constitutes a danger to the health or safety of any
patron or pedestrian, the Director shall give notice to the applicant
to correct such violation or cease such practice within 24 hours.
If the applicant fails to comply with such notice, the Director shall
have the authority to revoke or suspend a permit upon the finding
of a violation of any applicable rule, regulation, ordinance or local
law or upon good cause shown.
Appeals from the revocation or suspension or other condition
of a permit may be taken to the Zoning Board of Appeals by any aggrieved
person within 30 days from the date of the revocation or suspension,
by filing a written notice with the Director on forms prescribed by
the Board. Each appeal shall refer to the specific, relevant provision
of this chapter, explain the aggrieved person's position with
respect to the determination being appealed and state the relief requested.
Neither the adoption of this chapter nor the granting of any
permit pursuant hereto shall be construed as a waiver of any right,
privilege or immunity of the Town of Orangetown concerning its public
easement over the streets and sidewalks, or of any requirements of
law concerning the liability of the easement over the streets and
sidewalks, or of any requirement of law concerning the liability of
the Town of Orangetown with respect to streets and sidewalks, whether
expressed or implied.
The applicant shall agree, on a form approved by the Town Attorney,
to indemnify and save harmless the Town of Orangetown, its officers,
agents, attorneys and employees from and against any claim of loss,
liability or damage by any person arising as a result of the applicant's
operation of the sidewalk use.
The applicant shall obtain and maintain in full force and effect
throughout the term of the permit a policy of general liability insurance,
which such policy shall:
A.
Name the Town of Orangetown, its officers, agents, attorneys
and employees as additional insureds;
B.
Have a combined single limit of not less than $1,000,000;
and
C.
Contain a provision prohibiting its cancellation except
upon 20 days' notice to the Town of Orangetown. The applicant
shall file with the Town, prior to the issuance of the permit, a certificate
evidencing the requisite insurance.
Any person who shall violate any of the provisions of this chapter
shall be liable to prosecution in the Town Justice Court and shall,
upon conviction thereof, be liable to a fine that shall not exceed
$250. If a fine imposed pursuant to this section or resulting from
the maintenance, use or operation of a sidewalk cafe or vending is
not paid within five business days after the fine is imposed, except
as otherwise ordered by the Court, the Town may immediately revoke
the permit.
A permit and administrative fee of $100 is required upon the
issuance of the permit.
