[Added 6-26-1996, approved 6-26-1996]
No person owning or operating a retail or other establishment
shall utilize any portion of the public walk, street or alley in front
of or adjacent to the store or building as a sidewalk cafe without
first obtaining from the City Clerk a permit to operate such a sidewalk
cafe.
As used in this article, the following terms shall have the
meanings indicated:
An outdoor dining area located on a public walk directly
in front of a restaurant where readily removable tables, chairs, railings
and planters may be placed for the serving of food or beverages.
A.
Authority. The City Clerk is hereby authorized to grant permits to
operate a sidewalk cafe under his hand, to be sealed with the Corporate
Seal, to such persons approved for said permit.
B.
Application. An application to operate a sidewalk cafe shall be made
in writing to the City Clerk and shall contain the name and address
of the applicant if an individual and the names and addresses of the
principal officers if a partnership or corporation. The application
shall also include a description of the location of the sidewalk cafe,
numbers and location of tables and chairs to be utilized, the hours
of operation and such other information as may be required by the
City Clerk. Said application must be approved by the Commissioner
of Public Safety, the Commissioner of Public Works and the Commissioner
of Buildings.
C.
Insurance. Each applicant shall file with the City Clerk evidence
in the form of a certificate of insurance that a policy of public
liability and property damage insurance is in full force and effect,
including contingent liability of the City of Mount Vernon for the
acts or omissions of the applicant, his agents, servants or employees
in connection with the operation of a sidewalk cafe, including accidental
death with a combined single limit of $1,000,000 bodily injury and
property damage, per occurrence, including products liability. The
City of Mount Vernon shall be named as additional insured, and said
certificate shall be approved as to form, correctness and adequacy
by the Corporation Counsel. Such insurance shall remain in force throughout
the effective period of the permit and shall contain an agreement
by the insurance company issuing the policy or policies that it or
they will not be modified or cancelled without 10 days' prior
written notice to the City of Mount Vernon.
D.
Indemnity. Prior to the issuance of the license, the applicant shall
file with the City Clerk, on a form provided by the City Clerk, an
agreement to indemnify and save harmless the City, its officers and
employees against any loss or liability or damage and defend any claim,
including expenses and costs for bodily injury and for property damage,
sustained by any person as a result of the applicant's operation
of a sidewalk cafe on public property.
E.
Site plan. Prior to the issuance of the license, the applicant shall
file a site plan with the City Clerk indicating the design and location
of any temporary structures such as barriers, tables, chairs, awnings,
planters and other equipment as well as lighting and electrical outlet
locations. The plan shall include the front elevation of the proposed
sidewalk cafe. Information concerning the capacity of the existing
restaurant, capacity of proposed outdoor dining and a statement of
the months, days and hours of operation shall be included.
F.
Fee. The fee for such permit shall be determined by the quantity
of tables and chairs on the application and site plan. The fee for
each table shall be $60, and the fee for each chair shall be $10.
[Amended 3-13-2002, approved 3-14-2002]
A.
Sidewalk cafes may only be located on public walks in business districts
in the City of Mount Vernon.
B.
There shall be a minimum of four feet of clear sidewalk, excluding
the area occupied by the sidewalk cafe, free of all obstructions in
order to allow adequate pedestrian movement. Cafes within less than
20 feet of the extended building line at corner locations shall only
be permitted when it is determined that the use will not create a
hazard or create a sight distance obstruction for motor vehicle traffic
or unduly impede pedestrian traffic.
C.
Sidewalk cafes may only be located directly in front of the restaurant
with which they are associated and shall be placed at the building
line. Any sidewalk barrier shall be readily removable, constructed
to discourage its use as a seat or bench and shall be of a height
which shall permit police patrols to view the interior of the cafe.
No umbrellas shall be permitted at sidewalk cafes.
D.
Sidewalk cafes shall not interfere with any public service facility,
such as a mailbox or telephone. When the sidewalk cafe is not in use,
all furnishings and equipment shall be removed from public property.
The Commissioner of Public Safety shall determine when a hazardous
condition exists in a public right-of-way.
A.
Sidewalk cafes may only operate between the hours of 8:00 a.m. and
8:00 p.m. from May 1 through October 31 of each year.
B.
No alcoholic beverages are to be served or consumed at sidewalk cafes. Sound-amplification equipment utilized in violation of Chapter 178 of the Code of the City of Mount Vernon shall be prohibited.
C.
Food may only be sold from a sidewalk cafe to patrons seated at the
sidewalk cafe. Patrons at sidewalk cafes must pay for purchases inside
the restaurant with which the cafe is associated.
D.
Sidewalk cafes and the public property on which they are located
shall be kept neat and clean at all times and free from any substance
that may damage the sidewalk or cause pedestrian injury.
The Commissioner of Public Safety, the Building Commissioner,
the Fire Commissioner and the Commissioner of Public Works shall make
or cause to be made sufficient inspection to ensure the compliance
with the provisions of this article and other applicable provisions
of the City ordinance by the permit holder.
The permit may be revoked by the City Clerk due to failure of
the permit holder to comply with the provisions of this article or
for other sufficient cause upon 10 days' written notice and the
opportunity for a hearing.
[Amended 2-9-2005; approved 2-10-2005]
Any person, firm or corporation violating any provision of this
article shall be deemed guilty of a violation and, upon conviction
thereof, shall be subject to a fine of not more than $1,000 for each
offense or be imprisoned for a period not exceeding 15 days. Each
day such violation is committed or permitted to continue shall constitute
a separate offense and shall be punishable as such.
