[Adopted 6-17-2019]
This article is intended to facilitate outdoor dining in order
to create an active streetscape, to enhance the economic and social
vitality of Public Square, and to promote pedestrian activity. It
is also intended to expedite the approval of such facilities within
the Downtown Core Overlay, while ensuring that such dining will not
significantly impair the public's use of the sidewalks and protecting
adjacent residential and commercial uses from any adverse impacts
from such dining.
A restaurant wishing to establish an outdoor dining facility within the Downtown Core Overlay may apply for a permit to establish said facility under this article. Other uses of City sidewalks and/or righst-of way (ROW) and any restaurant outside the Downtown Core Overlay wishing to establish an outdoor dining facility on City property must apply for a license agreement from the City Manager's office under § 265-19.
A.
An applicant for an outdoor dining permit shall file an application
with the City Engineer for review. The application shall include:
(1)
A completed application form.
(2)
A site plan drawing with dimensions depicting the proposed location
for the outdoor dining area, including the layout of tables, chairs,
barriers, umbrellas, lighting and other facilities to be located within
the proposed outdoor dining area. The drawing shall also accurately
depict the existing sidewalk conditions, including sidewalk width
from building face to curb, location and dimensions of tree wells,
locations of lampposts, traffic and parking signs, signal poles, trash
receptacles, benches and other information as the City Engineer may
require to assist the review and approval process.
(3)
Photos or other images of proposed furniture.
(4)
An estimated square footage calculation of the proposed outdoor dining
area.
(5)
Proof of commercial general liability insurance in the sum of $2,000,000
for the general aggregate limit and $1,000,000 for each occurrence,
and also liquor liability coverage, and to furnish the City Engineer,
upon executing this permit, a certificate of the insurance company
in which it carries said insurance showing that such a policy has
been issued and is in force and that the City is listed as an additional
insured.
B.
The City Engineering Department shall review the application to determine
if the proposed dining establishment and any encroachment into the
public right-of-way can be accommodated while still providing adequate
space within the public right-of-way to facilitate safe circulation
of pedestrian traffic.
C.
The City Engineer may approve, approve with conditions, or deny the
application. The restaurant shall maintain a complete copy of the
approved application package at their premises.
D.
Any changes to the approved plan are subject to review and approval
by the City Engineer.
E.
The outdoor dining permit shall be valid only between May 1 and October
15 in order to avoid conflict with snow removal during the cold weather
season. Short-term exceptions may receive consideration on a case-by-case
basis.
F.
The restaurant must renew its permit each year prior to using the
sidewalk. The restaurant may do this without submitting a new application,
upon providing the City with proof of all required insurance and a
signed letter affirming no changes to the approved plan.
G.
If an entire dining season (May 1 to October 15 of a single calendar
year) passes without renewal or if a restaurant undergoes an ownership
change, then that restaurant must reapply for a new permit.
A.
The outdoor dining area shall be located adjacent to the restaurant's
frontage. Special exceptions may receive consideration at the discretion
of the City Engineer, upon the applicant obtaining the written consent
of the adjacent property owner.
B.
The outdoor dining area may be open to patrons from 6:00 a.m. to
11:00 p.m. daily.
C.
The restaurant must maintain a minimum unobstructed corridor space
of at least five feet in width for pedestrian traffic to ensure a
continuous pedestrian access route (PAR) across the restaurant's
frontage. The PAR may run either around or through an outdoor dining
area, provided that the City Engineer determines the dining area layout
to be safe to sidewalk users, restaurant patrons and employees.
D.
Ingress/egress between any building entryway and the PAR must meet
width standards of the Americans with Disabilities Act (ADA).
E.
The outdoor dining area must remain neat and clean at all times.
It must be free at all times from food waste and all other garbage
in order to deter animals and minimize the spread of garbage throughout
downtown.
F.
No food preparation may occur in the outdoor dining area.
G.
All signs in the outdoor dining area must have a valid City permit.
Menus under glass shall not be considered signs for the purposes of
this article and may be displayed.
H.
Awnings must obtain a separate building permit.
I.
Noise levels must adhere to a reasonable volume.
J.
New York State alcohol laws govern the service and consumption of
all alcohol.
K.
Barriers are required around the outdoor dining area in order to
delineate the dining area from the PAR. The City reserves the right
to review and approve the type and design of any barrier.
L.
All furniture and barriers must be temporary in nature and readily
removable without damage to the surface of the right-of-way. There
shall be no penetration of or physical attachment to sidewalk surfaces.
M.
Smoking and vaping are prohibited in all outdoor dining areas within
the Downtown Core Overlay.
N.
The applicant must comply with reasonable conditions as the City
Engineer may require.
A.
The issuance of any outdoor dining permit shall be conditioned upon
the restaurant maintaining liability insurance and liquor liability
insurance, with required limits and coverage, including for its operation
within the outdoor dining area. Permission to establish and maintain
the outdoor dining area shall not be construed to relieve the restaurant
of liability for any negligence on the restaurant's part on account
of or in connection with the outdoor dining area. A restaurant's
insurance must be valid at all times, and a restaurant must notify
the City of any termination or loss of insurance for any reason.
B.
By accepting the authorization granted by a permit authorized by
this article to establish and maintain an outdoor dining area, and
by so establishing the outdoor dining area, the restaurant shall be
deemed to have promised to save harmless the City of Watertown from
any and all liability (including attorneys' fees and litigation
expenses) arising by reason of the establishment, construction, placement,
existence, use or maintenance of the outdoor dining area.
The City of Watertown may terminate the authorization granted
by a permit under this section whenever the City Manager determines
that the City has need to use the affected public right-of-way for
just cause. In such cases, the City will, by written notification,
demand that the restaurant remove the outdoor dining area. The restaurant
shall complete said removal by the date specified in the notice and
shall accomplish the removal on its own without cost to the City.
If the restaurant shall fail or neglect to remove the encroachment
within the time specified, the City shall have the right to remove
the encroachment, at the expense of the restaurant, and shall not
be liable to the restaurant for any loss or damage to the structure
of the encroachment, or personal property within the encroachment
area, caused by the removal.
