[Amended 7-11-2017 by
Doc. 81]
A. Food and
beverage service – Notwithstanding any other provisions of the
Code of the City of Haverhill, licensed food service establishments
located within the Commercial Central (CC) zoning district on a public
way, which includes a sidewalk of no less than four feet in width
and is restricted to pedestrian traffic only, shall be allowed, subject
to the provisions below, the use of said contiguous adjacent sidewalk
areas to serve food and beverages from March 1 to October 31. No permit
holder shall obtain any property right in the continued private commercial
use of the public sidewalk.
B. No food and beverage service – Notwithstanding any other provisions of the Code of the City of Haverhill, licensed food service establishments located within any zoning district on a public way may use a contiguous adjacent sidewalk area to place movable tables, chairs or benches from March 1 to October 31, provided they do not seek to serve food and beverages on the area. The adjacent sidewalk must be at least four feet in width and restricted to pedestrian traffic only. Use of the adjacent sidewalk area must comply with the provisions of §§
222-66 to
222-69 below; however, no permit or further permission shall be required. Prior to use of the adjacent sidewalk area, the establishment must complete a sidewalk placement notice as required by the Director of Public Works, who shall be responsible for enforcement of the provisions of this subsection. No sidewalk bond shall be required; however, the establishment must name the City of Haverhill as an additional insured for general liability coverage in an amount of not less that $1,000,000 for the seasonal period and provide proof of same. No permit holder shall obtain any property right in the continued private commercial use of the public sidewalk.
Only movable tables, chairs, umbrellas and heat
lamps shall be placed on the sidewalk area. Awnings over the sidewalk
area may be used; however, no permanent roof or shelter over the sidewalk
area shall be erected. Barriers, railings or other temporary dividers
may be used to designate the area where service will be provided.
Should the permit holder not utilize the sidewalk as authorized for
a period of 48 hours or more, all the tables and materials shall be
removed therefrom, including the period from November 1 to the last
day of February.
No trash, garbage or refuse disposal shall be
permitted to be maintained on the sidewalk area at any time. Sidewalk
areas and all things placed there shall at all times be maintained
in a clean and orderly condition. Sidewalk and flooring areas must
be cleaned dally, including adjacent sidewalk areas.
The use of contiguous adjacent sidewalk areas
to serve food and beverages by establishments shall be limited to
the hours of operation provided for by current state law, municipal
ordinances or licensing provisions.
There shall be no further requirement for the
provision of parking spaces by any establishment due to the maintenance
of an outdoor dining area of 200 square feet or less.
Adequate room for passage by pedestrians on
the remaining area of the sidewalk shall be provided at all times.
Food service establishments which are not located on a sidewalk of
at least four feet in width or for which no sidewalk exists on a public
way may be allowed to obtain a permit for outdoor dining upon a finding
by the License Commission that the establishment of an outdoor dining
area, as shown on the description and diagram of the area where service
will be provided, will not impede the passage of pedestrian traffic
and where public safety would not be jeopardized.