[HISTORY: Adopted by the Town Board of the Town of East Hampton 12-15-2016 by L.L. No. 51-2016. Amendments noted where applicable.]
Zoning — See Ch. 255.
All terms used in this chapter shall have the meanings set forth below, regardless of any inconsistent provisions elsewhere in the Town Code. Any terms not specifically defined herein shall have the same meaning as set forth in Chapter 255 (Zoning) or, if not so defined therein, shall be defined by common usage.
- DOWNTOWN MONTAUK AREA
- All those areas shown on Map 174, Montauk.
- OUTDOOR DINING AREA
- An area outside a qualifying restaurant where table service dining shall be permitted with a license issued by the Town of East Hampton.
- QUALIFYING RESTAURANT
- A property in the downtown Montauk area that has a certificate of occupancy that includes the permitted use of the property as a restaurant.
Participation in the Downtown Montauk Outdoor Right-of-Way Dining Pilot Program is limited to properties in the downtown Montauk area that are qualifying restaurants.
Qualified restaurants may make application to the East Hampton Town Fire Marshal for a Downtown Montauk Outdoor Right-of-Way Dining Pilot Program license.
The license application shall include, but not be limited to, the following information: name of owner; name of tenant; name of business; copy of certificate of occupancy; copy of most recent survey; description and sketch of the outdoor dining area; a certificate of insurance that evidences a public liability insurance policy covering the Town as an additional insured in the minimum amount of $1,000,000 per occurrence, $2,000,000 aggregate. An applicant shall also submit an indemnification agreement that states that the applicant agrees to assume all liability for and will defend, indemnify and hold the Town harmless of and free from any and all damages relating in any way to participation in the program or use of the dining area or Town property; and an application fee of $30 for each and every seat proposed by the applicant to be part of the program.
Restaurants may move up to 20%, but in no event more than 16 seats, of their approved indoor seating capacity to the outside dining area. The license program does not allow any expansion of the permitted maximum number of tables and seating.
A minimum of six feet of sidewalk area shall remain free and clear at all times of obstruction. The outdoor dining area shall be on the roadside of the minimum six-foot-wide sidewalk area, unless the Fire Marshal determines that the dining area can be safely maintained next to the restaurant building while still maintaining a six-foot-wide, unobstructed sidewalk.
The outdoor dining area shall be limited to the width of that portion of the building that the restaurant space occupies at its closest point to the sidewalk or street if there is no sidewalk.
Seating and tables shall be placed and removed each day. Seating and tables may be set out no earlier than 7:00 a.m. and must be removed no later than 11:59 p.m.
Umbrellas and lighting are prohibited in the outdoor dining area.
Seating and tables in the outdoor dining area shall only be used for the consumption of food and beverage served by waitstaff of the licensed premises to seated patrons. No consumption of takeout or other foodstuffs not served by the licensee's waitstaff shall be permitted.
Editor’s Note: Former Subsection G, which concerned partitioning of the outdoor area if alcohol is served and which immediately followed this subsection, was repealed 6-15-2017 by L.L. No. 16-2017.
The granting of a license shall not provide to a license holder or owner of the property any vested rights in continued outdoor dining.
Any person who violates any provision of this chapter shall be guilty of an offense punishable by a fine of not less than $250 nor more than $2,000 or a term of imprisonment not to exceed six months, or both. Each day that a violation continues shall be deemed a separate offense.