[HISTORY: Adopted by the Town Board of the Town of Stony
Point as indicated in article histories. . Amendments noted where
applicable.]
[Adopted 4-27-2021 by L.L. No. 3-2021]
Except where approved as part of a site plan or pursuant to § 215-93 of Art. XIV (Nonconforming uses and noncomplying bulk), no commercial outdoor dining shall be permitted without a temporary outdoor dining permit issued by the Building Department subject to the following procedure:
A.
An application for a temporary outdoor dining permit must be made
at least 14 days in advance of the date that an applicant seeks to
provide outdoor dining.
B.
The temporary outdoor dining permit will be valid from the date of
issuance or April 1, whichever occurs later, and through October 31.
C.
A temporary outdoor dining permit application fee shall be provided
consistent with the Town of Stony Point Fee Schedule.[1] An application for more than 100 outdoor seats shall require
an operational permit and fee in addition to the temporary outdoor
dining application fee.
D.
Upon receipt of an application meeting the requirements of § 151-3 and demonstrating compliance with the conditions set forth in § 151-4 to the satisfaction of the Building Inspector, the Building Inspector is hereby authorized to issue a permit to provide temporary outdoor dining subject to ongoing compliance with the requirements of § 151-4. The permit shall be issued to the holder of a valid Department of Health permit to operate a food service establishment and is not transferable to another location or Health Department permit holder. The permit shall be valid for the calendar year of issuance.
E.
The Building Inspector may inspect the premises to determine whether
the submitted plan accurately reflects site conditions, whether the
proposed plan is practically workable and whether any potentially
hazardous conditions may exist with implementation of the plan.
F.
After issuance of the first temporary outdoor dining permit and expiration of that permit, a new application must be made and approved for each subsequent calendar year for which the establishment wishes to provide outdoor dining. The Building Inspector may reduce or modify the requirements of § 151-3 where the proposed temporary outdoor dining is substantially identical to that for which a permit was issued in the immediately preceding calendar year.
Only for the purpose of interpreting this chapter, the following
terms shall have the meanings indicated.
A restaurant, bar, or local convenience commercial use, as defined pursuant to § 215-5, holding a Department of Health permit to operate a food service establishment and/or a State Liquor Authority license to serve alcoholic beverages.
The use of a designated area by patrons to consume food or
drink outside of permanent structures.
The area of a lot designated to be used for outdoor dining,
including any paths of circulation for employees or patrons between
the area used for outdoor dining and the structure of the food service
establishment containing kitchen and rest facilities.
Not permanent and not intended for use beyond the established
permit term of April 1 through October 31 of the calendar year in
which the permit is issued. Any permanently installed structure that
cannot be removed as required by the terms of this chapter shall not
be deemed temporary.
An application to the Building Inspector for a temporary outdoor
dining permit shall include the following information:
A.
Certificate of occupancy or other documentation demonstrating that
the food service establishment is legally operating within the Town.
B.
Written consent by the owner/landlord acknowledging the permit application
may be undertaken by the tenant/lessee and authorizing Town personnel
to enter and inspect the site.
C.
A copy of the valid permit to operate a food service establishment
in Rockland County.
D.
A copy of the valid New York State Liquor Authority license where
alcoholic beverages are to be served in the outdoor dining area.
E.
A plan drawn to scale showing the following (note that for the purpose
of this temporary use, the plans showing the layout need not be prepared
by a licensed professional):
(1)
Location of tables and seating, waiting areas, service areas, bar
areas, preparation areas and storage for both indoor and outdoor areas.
(2)
Location of entrances and exits to the outdoor dining area and to
the structure.
(3)
Location of existing and proposed exterior lighting.
(4)
Number of parking spaces that will be available for patrons.
(5)
Where dining is proposed within five feet of an area accessible to
vehicular traffic or parking, a plan showing: vehicular and pedestrian
access, proposed method of separation (barriers) between vehicular
and dining areas, internal vehicular circulation and the number of
parking spaces available for patrons.
(6)
Location and manufacturer specifications for any outdoor heating
elements.
F.
Any other information the Building Inspector determines to be reasonably
necessary.
A.
The food service establishment shall not be in violation of the NYS
building or the Town of Stony Point zoning code at the time of application.
B.
All improvements in support of the temporary outdoor dining permit
shall be temporary in nature and not require the issuance of a building
permit. Where permanent structures are proposed, site plan approval
by the Planning Board shall be required.
C.
The outdoor dining area may be utilized during the permit term but
no earlier than April 1 or later than October 31. All temporary structures
associated with the temporary outdoor dining area including but not
limited to tables, chairs, tents, umbrellas, outdoor furniture, structures
for delineating areas, planters, and temporary storage lockers shall
be removed from the site and/or stored away in a manner consistent
with the Code of the Town of Stony Point.
D.
Outdoor dining areas shall be located entirely on the same lot as
the food service establishment and not within 20 feet of a property
line abutting a residence or the curbline of a street.
E.
Outdoor seating capacity. The total number of seats for patrons in outdoor dining areas and in the existing structure shall not exceed the total permissible indoor seating capacity at any time except as provided in § 151-4D. When outdoor dining seats are in use, the indoor seats must be removed, or otherwise made unavailable to patrons.
F.
Special seating capacity considerations relevant to pandemics. In the event that the interior seating capacity of a food service establishment has been reduced by order of the Governor or State or County Department of Health in response to a public health crisis or pandemic, that reduced seating shall be deemed do have been made unavailable with respect to the preceding Subsection E (Outdoor seating capacity). In such cases, all emergency order requirements including but not limited to distancing between seats, wearing of masks, and sanitizing of services shall be strictly followed as a condition of this permit.
G.
Bonus outdoor seating capacity. Where a food service establishment is in conformance with its parking requirements pursuant to Chapter 215, additional outdoor seats may be provided and used concurrently with interior seating based on the number of parking spaces available to patrons as follows, except that the seating shall not exceed the capacity of on- site sanitary facilities and restrooms:
H.
Any outdoor dining areas over 200 square feet, that are roofed (including
tent roofs) must include illuminated "EXIT" signs and portable fire
extinguishers.
I.
Outdoor dining shall be limited to 7:00 a.m. to 11:00 p.m.
J.
Seating must not reduce pedestrian pathways to less than 44 inches
in width. For applications utilizing off-street parking lot areas,
seating must not occupy or block handicap/ADA parking stalls or access
aisles and may not block ADA accessible routes.
K.
Outdoor dining areas in or within five feet of an area open to vehicular
traffic shall be separated from vehicular traffic by substantial movable
structures delineating the boundary between vehicular and dining areas
as large planters, crowd barricades, removable bollards, A-frame barriers,
or other device sturdy enough and large enough at the Building Inspector's
sole discretion to provide a visual divide apparent to drivers and
providing an auditory cue alerting drivers that they are entering
into dining and pedestrian circulation areas in the event that they
strike the dividing structure while backing up or driving through
the parking area at slow speeds. Such delineating structures shall
be at least 36 inches in height (including plants or shrubs in the
case of planters).
L.
All furniture within the outdoor dining area including umbrellas
and awnings shall be of sturdy construction, and appropriately affixed
to the ground or weighted to avoid movement from wind. Umbrellas and
retractable awnings shall be closed when the food service establishment
is not in operation.
M.
Where outdoor dining is proposed to occur later than 30 minutes prior
to local sunset, the outdoor dining area shall be lit by existing
or proposed site lighting to no less than one footcandle at the walking
surface. Any light source proposed for satisfaction of this requirement
and emitting more than 450 lumens (approximate to a 40W incandescent
or 6W LED bulb) shall be fully shielded as to prevent light trespass
or glare to streets and adjoining properties. Floodlighting of temporary
outdoor dining areas is not permitted.
N.
Outdoor seating areas must be maintained in clean and orderly appearance
and kept free of trash and other debris and trash receptacles shall
be provided at all times.
O.
When the food service establishment is not in operation, the outdoor
dining area shall be clean and orderly in appearance and there shall
be no storage of food or perishable items open to the elements or
attractive to vermin or pests.
All temporary outdoor dining permit holders shall be required
to comply with all other applicable federal, state and local laws,
rules, regulations and executive orders, including, but not limited
to, the Uniform Fire Prevention and Building Code, New York State
Department of Health Regulations, New York State Liquor Authority
Regulations and the Town Code.
A.
The Building Inspector is authorized to review applications and issue
permits only when all applicable conditions and requirements of this
chapter have been satisfied.
B.
In the event the Building Inspector determines that after a permit
is issued the permittee is not complying with the conditions and requirements
of the permit, or if the Building Inspector identifies a condition
that may result in a hazard to the health or safety of persons or
property arising from the temporary outdoor dining, the Building Inspector
may immediately revoke the temporary outdoor dining permit and all
activity authorized by the temporary outdoor permit will cease immediately.
At the Building Inspector's discretion, the permittee may be given
a reasonable amount of time up to and not exceeding 14 days to remedy
violations that do not pose an immediate threat to health or safety
of persons or property.
C.
In receiving the temporary outdoor dining permit, the food service
establishment authorizes the Building Inspector, and any other designated
Town official or employee, to enter the property and the interior
of the premises in order to ensure compliance with the permit.
[Amended 4-26-2022 by L.L. No. 2-2022]
A violation of this chapter is hereby declared to be an offense
punishable by a fine not to exceed $1,500 or imprisonment for a period
not to exceed six months, or both, for a conviction of a first offense;
for a conviction of a second offense, both of which were committed
within a period of five years, punishable by a fine of not less than
$500 nor more than $2,500 or imprisonment for a period not to exceed
six months, or both; and upon conviction of a third or subsequent
offense, all of which were committed within a period of five years,
punishable by a fine of not less than $1,000 nor more than $5,000
or imprisonment for a period not to exceed six months, or both. Each
week's continued violation shall constitute a separate additional
violation. In addition to the foregoing provisions, the Town shall
have such other remedies for any violation or threatened violation
of this chapter as is now or may hereafter be provided by law.
The issuance of a temporary outdoor dining permit shall be a
Type II action under SEQR.
