[HISTORY: Adopted by the Board of Trustees of the Village of Monroe 5-16-2000 by L.L. No. 3-2000; amended in its entirety 5-7-2013 by L.L. No. 3-2013. Subsequent amendments noted where applicable.]
Zoning — See Ch. 200.
Editor's Note: L.L. No. 5-2017, adopted 6-13-2017, redesignated § 200-38.2 of Ch. 200, Zoning, as a chapter. Said local law designated such content to be moved to Chapter 162, but such content was designated as this Chapter 147 to maintain the alphabetical organization of the Code. This local law amended this content to change instances of "sidewalk cafe" to "outdoor cafe."
It is the intent of the Board of Trustees to permit outdoor cafes in the business districts of the Village. The purpose of this chapter is to regulate such use. The regulations set forth below are intended to enhance the downtown business districts and make them more attractive, yet ensure the safety and health of the public and not restrict public passage as a result of such outdoor cafes.
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
- OUTDOOR CAFE
- An outdoor dining area located on a public sidewalk and/or private property which provides waiter or waitress service for food and/or beverages and contains readily removable tables, chairs, railings, planters or similar furnishings or structures. It shall be otherwise unenclosed by fixed walls and open to the air, except that a retractable awning may be permitted.
Outdoor cafes may be located on private and/or public property in the business districts of the Village of Monroe. Such districts shall be limited to those zoned GB and CB, as set forth in Chapter 200 of this Code.
Pedestrian or vehicular traffic shall not be impeded or obstructed as a result of the location of an outdoor cafe.
There shall be at least 3 1/2 feet of open and unobstructed area from the location of any furnishings, property or structures associated with the outdoor cafe to the curb, free from all obstructions, such as trees, parking meters, utility poles and the like, in order to allow adequate pedestrian movement.
Outdoor cafes shall not interfere with any public service facilities, such as telephones, mailboxes or benches, located on the sidewalk or the public right-of-way.
The specific location of tables, chairs and any other structures related to the outdoor cafe shall be approved by the Building Inspector. The Inspector shall have authority to determine that tables, chairs or other structures associated with the outdoor cafe shall not be placed in certain locations; notwithstanding that other locational criteria set forth in this chapter may be satisfied.
An outdoor cafe shall be located only directly in front of the restaurant with which it is associated, and it shall be operated solely in conjunction with such restaurant.
All furniture shall be of metal or wood construction and shall be white or of a dark color, shall be uniform and shall be reviewed by the Building Department for approval. In the event that the Building Inspector does not approve the furniture as proposed because it is not in conformance with these standards, the matter shall be brought before the Village Board of Trustees for a final determination.
[Amended 6-13-2017 by L.L. No. 5-2017]
In the event that the outdoor cafe contains three or more tables, the cafe area shall be delineated by the use of an easily visible barrier, such as a planter(s) or railing, so as to physically separate patrons of the cafe from pedestrians. Tabletops shall be round or square and shall not exceed 36 inches in diameter or length of each side, respectively.
In the event that the outdoor cafe contains two or fewer tables, such tables shall be placed against the appurtenant building with no chairs between the building and the tables. Tabletops shall be round or square and shall not exceed 36 inches in diameter or length of each side, respectively.
Furnishings or structures shall not be attached, temporarily or permanently, to the sidewalk or any other public property, nor shall the railings be attached to the sidewalk. The permittee shall be responsible for any sidewalk damage incurred.
No furnishings or structures which form a part of the outdoor cafe shall be attached, temporarily or permanently, to any building or structure abutting the cafe.
Umbrellas may be permitted. Notwithstanding anything to the contrary set forth in this Code, such umbrellas shall be approved by the Building Department. In the event that the Building Inspector does not approve the use of umbrellas, the matter shall be brought before the Village Board of Trustees for a final determination.
Sound amplification and public address systems and equipment shall be prohibited. Areas approved for outdoor cafes shall not be utilized for live performance or recorded audio transmissions.
Chairs and tables shall not be utilized for the display of merchandise or the advertising of goods or services.
Alcoholic beverages may not be served in the absence of service of food. All alcoholic beverages shall be prepared within the appurtenant restaurant and shall be served solely to patrons seated at outdoor cafe tables. The consumption of alcoholic beverages by a member of the public, while a patron at an outdoor cafe, within the confines of the area of the outdoor cafe, shall not be a violation of any local law, ordinance, rule or regulation relating to open alcoholic containers in a public area. The operator of the outdoor cafe shall take whatever steps are necessary to procure the appropriate license from the state liquor authority if he intends to serve alcoholic beverages in the outdoor cafe area and shall comply with all other laws and regulations concerning the serving of alcoholic beverages in this state.
[Amended 6-13-2017 by L.L. No. 5-2017]
The applicant has met all other applicable provisions in this chapter and those in the Building Code, the Zoning Code, and the application was circulated to the Department of Public Works, Building Department, and Police Department for their review and comment.
[Amended 6-13-2017 by L.L. No. 5-2017]
Outdoor cafes shall be permitted solely for those restaurants having waitress or waiter service. Patrons shall not be permitted to serve themselves.
No patron at an outdoor cafe shall be served food or beverages unless said patron is seated at a table.
No disposable paper or plastic goods shall be used, provided that paper napkins shall be permitted. All other tableware must be of cloth, glass or metal.
The permittee is responsible, at all times, for the cleanliness of the cafe, as well as the cleanliness of the abutting sidewalk and curb areas.
No structure, container or enclosure for garbage or rubbish may be erected or placed adjacent to or within the confines of the outdoor cafe.
Tables located on private property abutting a public sidewalk shall comply with the standards set forth in this chapter.
All fixtures and furnishings must be of a temporary nature, capable of being brought in at closing time and must be brought in and stored during nonoperational hours. No objects except a retractable awning and lighting fixtures may be permanently attached to the exterior. All planters, railings and fences must be temporary and not exceed a height of four feet. No additional signage shall be permitted to be affixed to a cafe's temporary structure or accessories. If a proposed cafe is located in an historic district, additional requirements relative to signage and other exterior elements that are set forth in the Historic District's Ordinance are applicable.
Lighting shall be minimal and shall be installed so that direct or indirect illumination from the source of light shall not cause illumination in excess of 0.5 footcandle on any abutting property. No outdoor cooking of any type is permitted in sidewalk or outdoor cafes.
Outdoor cafes shall not operate prior to 8:00 a.m. or subsequent to 11:00 p.m. on any day.
A copy of the outdoor cafe permit issued by the Village, along with the actual hours of operation of each outdoor cafe, shall be posted in a visible location at the entrance of the subject business establishment.
Chairs shall be removed from an outdoor cafe no later than 11:00 p.m. each evening. Tables and barriers, if any, shall be removed from the sidewalk abutting the outdoor cafe at the time the restaurant closes. No restaurant providing an outdoor cafe shall permit members of the public to congregate in the cafe area after 11:00 p.m. Failure to enforce this provision may result in revocation of the applicable permit.
During periods when the restaurant with which an outdoor cafe is associated is closed for business, chairs, tables and barriers shall be removed from the sidewalk.
Outdoor cafes may operate from March 15 to December 1.
An annual permit, secured from the Building Inspector, shall be required for all outdoor cafe operations. The Board of Trustees shall, by general resolution, establish the permit fee for outdoor cafes. In the event that the Building Inspector shall deny any application for an outdoor cafe, it shall provide the applicant with the reasons for the denial in writing. An applicant may appeal such denial to the Village Board of Trustees, which shall have the power to affirm, reverse or modify the decision of the Building Inspector. Any such appeal must be taken within 30 days of the date of the Building Inspector denial. All decisions of the Board of Trustees shall be final.
A permit may be revoked by the Board of Trustees in the event that a permittee has violated any provision set forth in this chapter or any other law, ordinance, rule or regulation applicable to any use being conducted on the premises of which the outdoor cafe is a part.
All applications for a permit to operate an outdoor cafe shall bear the signature of the owner/operator of the restaurant.
A letter of application for a permit to operate an outdoor cafe shall be submitted to the Building Inspector and shall include, at a minimum, the following information:
The name, address, telephone number and title of the applicant;
The name and address of the property owner, if different from the applicant;
Written, notarized consent of the owner of the property to submit the application, in the event that the applicant is not the owner;
An agreement to indemnify, defend and save harmless the Village, its Board of Trustees, officers, employees and agents from and against any claim, loss, liability or damage, including reasonable attorneys' fees, resulting from bodily injury, including death and property damage, sustained by any person as a result of a permittee's operation of an outdoor cafe on public property;
A certificate of insurance, acceptable to the Village, stating that an applicant for a permit has, in full force and effect, public liability and property damage insurance, in the amount of at least $1,000,000. The certificate shall name the Village, its Board of Trustees, officers, employees and agents as additional insureds. The certificate of insurance shall state that such insurance shall not be canceled or revoked prior to 30 days' written notice to the Village;
Proof of statutory workers' compensation and employer's liability insurance for all employees, or a waiver of same as permitted by law;
If applicable, proof that the applicant has a state liquor license authorizing the applicant to serve alcoholic beverages in the applicant's outdoor cafe and has liquor legal liability insurance in the amount of $500,000 bodily injury per each occurrence and $500,000 property damage per each occurrence or $500,000 aggregate. Such insurance policy must contain a provision that requires that the Commissioner of Accounts be notified if the policy is canceled;
A drawing or rendering of the placement of tables, chairs, barriers, planters and any other structures or furnishings which will form a part of the outdoor cafe. Said drawing must be drawn to scale and list all distances and/or setbacks as required by the Building Department;
The days and hours of operation for which the permit is requested;
An agreement by the applicant to repair, at the expense of the applicant, any damage caused to the sidewalk in the operation of the outdoor cafe; and
Any other information that the Building Department may find reasonably necessary for the fair determination as to whether a permit should be issued.
The Board of Trustees shall, by general resolution, establish a refundable deposit which shall be furnished to the Village prior to the issuance of any permit. Such deposit shall be retained by the Village as security for the faithful performance of the terms and conditions set forth in this chapter and in the issued permit. Upon the failure of a permittee to comply with such conditions or upon default by the permittee, the deposit may be utilized by the Village for expenses incurred by the Village relating to requirements of this chapter or any other applicable law, ordinance, rule or regulation. No prior notice shall be necessary to utilize the deposit set forth herein. No permittee shall have any claim whatsoever against the Village for loss of any anticipated profits or for any other losses which may be sustained by actions of the Village. Upon the expiration of any permit, the full amount of the deposit or balance thereof (in the event that expenses have been incurred by the Village) shall be returned to the permittee.
Any person violating the provisions of this chapter may be issued a notice of violation by the Village Building Inspector or police, and, if such violation continues beyond the time stated in the notice of violation for its abatement, it shall constitute an offense against the provisions of this chapter.
Any violation of any provision of this chapter shall be subject, upon conviction, to a penalty or fine up to and not to exceed $250 or not to exceed a term of imprisonment for 15 days, or both, except as otherwise provided herein. Each and every violation and, in the case of a continuing violation, each day's continuance thereof, should be deemed a separate and distinct offense.
Any person issued a notice of violation pursuant to any provision of this chapter, where the same has been withdrawn by administrative appeal or dismissed by a court of competent jurisdiction, shall be subject to an administrative fee of $50, and such administrative fee shall be charged against the land upon which the notice of violation was issued as a municipal lien and, if unpaid, such administrative fee shall be added to the tax roll as an assessment or levied as a special tax against said property or recovered in a civil suit against the person to which the notice of violation was issued.
Permits shall be issued on or after January 1 of each year. All permits, regardless of when issued, shall expire on December 1. Applications for renewal of permits shall be made in the same manner as original applications. Permits are not assignable.