The meaning of words in this chapter shall be as follows:
BUILDING COMMISSIONER
The Building Commissioner, Building Inspector or alternate
Building Commissioner or their designee.
MOBILE FOOD OPERATIONS
A food service operation that is operated from a moveable
vehicle, portable structure, or watercraft; has the capability of
changing location.
OUTDOOR CAFE
Any restaurant where food or refreshments are served or consumed
outside of the main building on either private property or on the
public right-of-way, immediately in front. The term "outdoor cafe"
does not apply to mobile food operations.
OUTDOOR TABLE
A table and chairs placed outside of any building for use
by the public and/or employees of the person placing the table for
eating food prepared at another location.
PERSON
Any individual, partnership, association, firm, company,
corporation, department, agency, group, or public body.
SIDEWALK
That area of the public right-of-way reserved for pedestrian
traffic from the curb to the front line of the building.
Any person may apply to the Building Commissioner. The application,
signed by the applicant, shall contain the following information:
A. The name, residence address and telephone number of each person having
an ownership interest in the operation of the activity, including
the names of the managers or officers of a limited-liability company;
if a corporation, the names, residence addresses and telephone numbers
of the corporation and the name of the person authorized to accept
service of process within the Commonwealth of Massachusetts.
B. A copy of a doing-business-as certificate if the applicant will operate
the business under a business or fictitious name.
C. The address and description of the premises where the applicant intends
to establish or operate an outdoor cafe.
D. The name and address of the person owning the premises, if other
than the applicant, and the signed consent of the owner of the premises
for the operation of the outdoor cafe.
E. Two sets of a proposed layout sketch clearly illustrating the number
and location of all tables, chairs, umbrellas or other furnishings
or fixtures intended to be located in the outdoor cafe. The sketch
must show the perimeter of the area to be used and the area of unobstructed
space permitting free passage of pedestrian traffic around or through
the outdoor cafe. The perimeter may be set off by a portable-type
enclosure, which may include line plantings. The plan shall also show
the following:
(1) The location of any doors leading from the main building to the outdoor
cafe.
(2) Seating capacity of the existing restaurant and the proposed outdoor
seating capacity.
F. An application fee in the amount of $75 shall be submitted with the
application.
The Building Commissioner will review the application for completeness,
compliance with this chapter and compliance with other applicable
laws and regulations, including those enforced by the Gardner Board
of Health. If the application is complete, the Building Commissioner
will act upon the same within 30 business days of the submittal of
the application. If the application is incomplete, the Building Commissioner
will notify and inform the applicant as to how the application is
incomplete.
If the application complies with this chapter, the Building
Commissioner shall issue a license to run concurrently with the establishment's
certificate of inspection, subject to the terms and conditions of
this chapter. The Building Commissioner may impose reasonable terms
and conditions on the license and may promulgate regulations relating
to licenses granted under this chapter. The regulations shall be filed
with the City Clerk.
The license is personal to the applicant, and any change or
transfer of ownership of the outdoor cafe shall terminate the license
and shall require new application and a new license meeting the requirements
of this chapter.
Acceptance of the license by the applicant shall operate as
a consent to inspection of the premises by the health, fire, police
and building officials of the City for the purpose of determining
compliance with the terms and conditions of this chapter and other
applicable federal, state, or local laws or regulations.
The Building Commissioner may not grant a license to any person
to operate an outdoor cafe, on City property, until and unless such
person files with the Building Commissioner or his or her designee
a written indemnification and hold harmless agreement indemnifying
the City of Gardner, its officers, agents, servants and employees
from any or all claims, damages, judgment costs or expenses, including
attorney's fees, which they or any of them may incur or be required
to pay because of any personal injury, including death, or property
damage suffered by any person or persons as a result of or related
in any way to the operation and maintenance of the outdoor cafe for
which the license is issued.
Each licensee is responsible for keeping the area of the outdoor
cafe and the adjacent walks and streets free and clear of any debris
or litter resulting from the operation of the cafe. The area must
be cleaned as needed and at the beginning and end of each business
day.
The Building Commissioner, notwithstanding §§
675-910 through
675-980 of the City Code, may authorize signs and displays for outdoor cafes. Outdoor umbrellas located in an outdoor cafe are exempt from the Sign Ordinance of the City of Gardner.
Parking for the licensee must still meet all requirements of Chapter
675 of the City Code.
If the applicant is the holder of an alcoholic beverage control
license pursuant to the laws of the Commonwealth of Massachusetts,
it shall be the applicant's responsibility to cause the alcoholic
beverage control license to be amended to include the premises utilized
for outdoor cafe purposes in order to serve alcoholic beverages therein.
For holders of an alcoholic beverage license, to the extent there
is any conflict between this chapter and the rules and regulations
of the Board of License Commissioners or the ABCC, the latter will
control.
No outdoor cafe shall remain open for business after 2:00 a.m.
All persons occupying the outdoor cafe shall vacate the same no later
than 2:00 a.m.
The license shall be displayed in a conspicuous place on the
premises.
All provisions of this chapter are severable. If for any reason
any provision of this chapter is held to be invalid, the validity
of the remainder of the article shall not be affected.