[Adopted 3-17-2020 by L.L. No. 4-2020]
In the event that any organization or business proposes to serve any food or beverage on public or quasi-public sidewalks in the Village, a permit for such service must first be approved and issued by the Board of Trustees of the Village of Penn Yan. Application for such permit shall be made to the Village Clerk at least 45 days prior to the applicant's proposed effective date of the permit. The applicant shall provide such information and documentation as required by the Village Clerk. The application for outside sidewalk service shall include a detailed scaled drawing of the site. The Board of Trustees may place such reasonable conditions upon the issuance of the permit as it deems appropriate in its discretion under the circumstances in addition to those set out in § 174-41 hereof.
[Amended 1-18-2022 by L.L. No. 1-2022]
A. 
Each permit shall be valid only for the period January 1 to December 31 in the year of issuance.
B. 
Sidewalk service for consumption of alcoholic beverages shall be conditioned upon an appropriate license for such service having been obtained from the State of New York. A copy of said license shall be filed with the Village Clerk prior to sidewalk service or consumption of alcoholic beverages.
C. 
The sidewalk service requires a barrier approved by the Board of Trustees separating the service and or consumption area from the remainder of the public or quasi-public sidewalk area.
D. 
Prior to issuance of a permit, the applicant shall provide the Village Clerk with a certificate of liability insurance specifying that the Village is a named insured. Such insurance shall be in the amount of coverage determined by the Board of Trustees. Such insurance coverage shall remain in effect throughout the period of validity of the permit. The certificate shall state that at least 30 days' advance notice of cancelation will be provided by the insurer to the Village as a named insured. The cancellation of the permit holder's insurance shall automatically invalidate the permit as of the date of such cancellation becoming effective. The cancellation of such insurance shall be a violation of this article subject to the penalties prescribed in § 174-45 hereof.
[Amended 11-21-2023 by L.L. No. 19-2023]
E. 
The application for any such permit for a location within the Village Historic Preservation District shall be subject to the approval of the Historic Preservation Commission. Such approval shall be applied for through the Village Planning Office.
F. 
Upon expiration of, suspension of or revocation of a permit, the tables, chairs, barriers and any other items related to outdoor sidewalk service shall be removed from the sidewalk within 24 hours of such expiration, suspension or revocation. Such items shall not be returned to the sidewalk until a valid permit is again issued or reinstated by the Board of Trustees. Failure to remove all chairs, tables, barriers and other items related to outside sidewalk service shall be presumptive evidence that outside sidewalk service is occurring without a permit and, accordingly, a violation of this article subject to the penalties prescribed in § 174-45 hereof.
[Added 11-21-2023 by L.L. No. 19-2023]
G. 
Suspension, revocation, or denial of reissuance of permit.
[Added 11-21-2023 by L.L. No. 19-2023]
(1) 
The violation of any of the conditions hereof or of the permit provisions shall be grounds for:
(a) 
Suspension of the permit;
(b) 
Revocation of the permit; or
(c) 
Denial of re-issuance of a permit at any time in the future.
(2) 
Such suspension, revocation or denial shall be by motion duly adopted at a duly held meeting of the Board of Trustees. Permits may only be reinstated or reissued by motion or resolution duly adopted by the Board of Trustees at a duly held meeting thereof. In the event of suspension, revocation or denial of a permit by the Board of Trustees, the reasons therefor shall be set forth in the meeting minutes, and such suspension, revocation or denial of a permit shall be in the sole discretion of the Board of Trustees.
The permit must be renewed annually, subject to the reasonable discretion of the Board of Trustees. Application for renewal shall be made to the Village Clerk at least 45 days prior to the applicant's proposed effective date of the permit. Renewal may be denied if, in the sole discretion of the Board of Trustees, the existence of the permit causes any public nuisance or detriment to the Village. In the event a renewal is denied, the applicant shall have had a right to be heard with respect thereto prior to the denial. Upon denial, the reason therefor shall be articulated in the minutes of the Board of Trustees meeting whereat such denial was made.
[Amended 1-18-2022 by L.L. No. 1-2022]
Any permit issued prior to April 1, 2021, is void and no longer of any effect
The Village Clerk shall provide forms for the initial permit application and permit renewal.
[Amended 11-21-2023 by L.L. No. 19-2023]
A. 
A conviction for a violation of any of the provisions of this article shall be punishable by a fine not less than $25 nor exceeding $250, incarceration in the Yates County Jail for a sentence not exceeding 15 days, or both such fine and imprisonment.
B. 
As an alternative to or in addition to a fine and/or incarceration, as provided in Subsection A hereof, the person convicted of violating such provision may be sentenced to community service. Such a community service sentence would be imposed as a definite term of hours of work to be served under the direction of the Department of Public Works of the Village of Penn Yan and be pursuant to an order of conditional discharge issued by the court.
C. 
Each day that any such violation exists, continues or occurs shall constitute a separate offense.