For purposes of this article, the term "sidewalk cafe" shall
mean any service of food and/or drink operated, in whole or in part,
on a sidewalk or other public property of the City of Saratoga Springs
The regulations in this article shall be in addition to and not in
limitation of other regulations in this chapter.
Any person, firm or corporation may operate a sidewalk cafe
(hereinafter called "cafe") within the City of Saratoga Springs on
any sidewalk within the public right-of-way adjacent to the applicant's
place of business upon obtaining a sidewalk cafe permit from the Commissioner
of Accounts (hereinafter called "Commissioner") of the City of Saratoga
Springs.
Each applicant for a sidewalk cafe permit under this article
shall submit four copies of the plans for a sidewalk cafe to the Commissioner,
together with a nonrefundable fee of $15. Such plans shall show:
A.
Has met all the application requirements for an eating and drinking
establishment license.
B.
Has obtained the approval of the Building Inspector for any railing,
flooring or other support or enclosure used in the assembly, operation
or enclosure of the sidewalk café. No such railing, flooring
or other support or enclosure shall be considered an erection of,
an addition to, or a structural alteration of a building or structure
unless such railing, flooring, or other support or enclosure is permanently
attached to such building or structure.
[Amended 9-4-2012 by L.L.
No. 2-2012]
C.
For sidewalk cafes that did not have a valid sidewalk café permit on or before July 1, 1992, beginning on January 1, 1993, has obtained the approval of the Design Review Commission (DRC) if the sidewalk café is located in the public right-of-way within any area designated in § 240-7.5.12 (Architectural review districts). The DRC shall use the review criteria for such plans relating to a sidewalk cafe's specific location, size and structure for its compatibility of scale, design and material as set forth in either § 240-7.4 or 240-7.5, whichever is applicable. The DRC shall only have advisory review over colors used for the sidewalk café. Any alteration in the plans for a sidewalk café requires approval from the DRC. Once approval is granted by the DRC, the approved plans are valid and do not require annual approval. The DRC shall only review applications which have the written approval from the Departments of Public Works and Public Safety and the Building Department as specified in § 136-26. Unless this chapter is amended in the future, all sidewalk café structures that have a valid sidewalk café permit on or before July 1, 1992, shall not be subject to the approval of the DRC, except that all modifications to such structures shall be subject to the approval of the DRC.
[Amended 9-4-2012 by L.L.
No. 2-2012]
D.
For sidewalk cafes that did not have a valid sidewalk cafe permit on or before July 1, 1992, beginning on January 1, 1993, that the applicant has obtained the approval of the Design Review Commission (DRC) if the sidewalk cafe is located in the public right-of-way within any area designated in § 240-7.20 (City landmark or historic districts) or § 240-8.14 (Architectural review districts). The DRC shall use the review criteria for such plans relating to a sidewalk cafe's specific location, size and structure for its compatibility of scale, design and material as set forth in either § 240-7.10 or 240-8.9, whichever is applicable. The DRC shall only have advisory review over colors used for the sidewalk cafe. Any alteration in the plans for a sidewalk cafe requires approval from the DRC. Once approval is granted by the DRC, the approved plans are valid and do not require annual approval. The DRC shall only review applications which have the written approval from the Departments of Public Works and Public Safety and the Building Department as specified in § 136-24. Unless this chapter is amended in the future, all sidewalk cafe structures that have a valid sidewalk cafe permit on or before July 1, 1992, shall not be subject to the approval of the DRC, except that all modifications to such structures shall be subject to the approval of the DRC.
E.
Has complied with all rules, regulations and specifications promulgated
by the Commissioner of Accounts pursuant to this article.
A.
Before any sidewalk cafe permit is issued pursuant to this article,
the plans submitted to the Commissioner of Accounts, pursuant to this
article, shall be referred to the Commissioners of Public Safety and
Public Works and the Building Department, who shall recommend approval,
disapproval or modification of said plans. For sidewalk cafes that
did not have a valid sidewalk cafe permit on or before July 1, 1992,
beginning on January 1, 1993, a sidewalk cafe in the public right-of-way
within the T-6 Zoning District shall be located in such a position
that will allow the maintenance of at least eight feet of unobstructed
(for a height of seven feet) hard-surfaced sidewalk between the sidewalk
cafe and any, tree, bench, pole, post, sign, flower bed, news rack
or other obstacle in the public right-of-way. The sidewalk cafe shall
be located only in front of the establishment that is owned or leased
by the licensee and shall not extend more than 10 feet from the facade
of the building and, in any case, shall not extend on the east side
of Broadway more than 35% and on the west side of Broadway not more
than 55% of the total width of the sidewalk measured from the property
line to the edge of the street pavement. Except for properties fronting
on Broadway, the Commissioners of Public Works and Public Safety and
the Building Department may, in their sole judgment, reduce the required
eight feet of unobstructed sidewalk to five feet, provided that the
sidewalk cafe does not extend more than 60% of the total width of
the sidewalk measured from the property line to the edge of the street
pavement. Unless this article is amended in the future, all cafe structures
that have a valid sidewalk cafe permit on or before July 1, 1992,
shall not be subject to these siting criteria, except that all modifications
to such structures shall be subject to the siting criteria.
B.
No signs shall be hung or attached to any portion of the sidewalk
cafe, except those signs on an awning that are in compliance with
provisions set forth in Chapter 240-6.1.
[Amended 9-4-2012 by L.L.
No. 2-2012]
C.
The Commissioners of Public Safety and Public Works and the Building
Department may impose any other restriction on the location, size
or design of the sidewalk cafe that, in their sole judgment, protects
the health, safety and welfare of the public.
Upon approval by the Commissioner of the plans submitted by the applicant pursuant to § 136-26, the Commissioner shall issue a sidewalk cafe permit, valid for a period between April 1 and October 31 of a calendar year, to the applicant upon the payment to the Commissioner by the applicant of an annual license fee of $50 and upon the applicant furnishing to the City of Saratoga Springs the following:
A.
An agreement by the applicant to repair, at the expense of the applicant,
any damage caused to the sidewalk in the operation of the sidewalk
cafe. The Commissioner of Accounts may require a bond, in an amount
to be fixed by the Commissioner, to be filed by the applicant.
B.
Written authorization for the location, size or design from the Department
of Public Works, Department of Public Safety, the Building Department
and the Design Review Commission.
A sidewalk cafe authorized and operated pursuant to this article
shall:
A.
Comply with all plans submitted to and approved by the Commissioner of Accounts under § 136-26 of this article.
B.
Serve no alcoholic beverages on or at any sidewalk cafe after 2:00
a.m. or before 8:00 a.m. All service of any kind whatsoever shall
cease at 2:30 a.m. and not begin until 8:00 a.m.
C.
By no later than 2:30 a.m., remove all patrons from the sidewalk cafe and, by no later than the closing of the establishment, have all furniture, utensils, containers or any other materials used in the operation of the sidewalk cafe or within the area used by the sidewalk cafe removed from the sidewalk cafe area, provided that any railing, flooring or other support or enclosure used in the assembly, operation or enclosure of the sidewalk cafe may be allowed to remain on the sidewalk area if specifically permitted in the Commissioner's approval of the sidewalk cafe plans under Subsection A above. No sidewalk cafe shall remain open after 2:30 a.m.
D.
Remove all sidewalk cafe structures by October 31 and not install
prior to April 1 in any year for which a license is granted.
E.
No music, from whatever source (acoustical, electric or other), may
be played on the premises outdoors between the hours of 12:00 midnight
and 8:00 a.m.
F.
Prominently display its certificate from the New York State Department
of Health.
G.
If applicable, prominently display at all times all licenses and
authorizations issued by the New York State Liquor Authority for the
dispensing and sale of alcoholic beverages.
H.
Comply with all other provisions of the Code of the City of Saratoga
Springs.
The Commissioner is hereby authorized to regulate the operation
of sidewalk cafes through the promulgation of appropriate rules and
regulations and specifications.
The area encompassed within a sidewalk cafe authorized pursuant to this article shall be considered duly licensed for sale and consumption of alcoholic beverages and shall not be subject to Chapter 61, Alcoholic Beverages, of the Code of the City of Saratoga Springs.
