§ 267-3. Conditions for issuance of permit.

A permit for a sidewalk cafe may only be issued to the owner or the tenant of a building occupied and used for the sale of cooked and prepared food, except fast-food restaurants, in a zoned district permitting such use and abutting the public sidewalk adjacent thereto, provided that the following requirements are met:

A. 

The sidewalk abutting the property, from property line to the curbline, must not be less than 10 feet in width.

B. 

The area to be used for the sidewalk cafe must not encroach onto the sidewalk more than 10 feet from the property line abutting the sidewalk and must not extend beyond the extension of the side property lines onto the sidewalk.

C. 

No permanent structures may be affixed to the sidewalk area used for the cafe or affixed to the building abutting the area for purposes of the cafe, and the area may be occupied only by chairs, tables, benches, umbrellas; movable railings, and planters for the convenience of the patrons to be served in such area. Movable railings or planters shall be so arranged as to enclose the dining area, and the sidewalk shall be inconspicuously marked to delineate the approved position of such barriers.

D. 

A clear unoccupied space must be provided, not less than three feet in width, from all entrances of the building abutting the sidewalk to the unoccupied portion of the public sidewalk.

E. 

Neither outdoor lighting nor live or mechanical music may be used on or for the cafe area, except that in such cases where street lighting is insufficient to so illuminate the dining area so that a hazard to those traveling the sidewalk may be created, the Commissioner shall direct and the applicant shall provide such lighting for nighttime hours as the Commissioner shall require.

F. 

General comprehensive liability insurance naming the applicant and the City of New Rochelle, its officers, agents and employees as named insured must be provided, with limits of $25,000/$50,000 for property damage and $1,000,000/$2,000,000 for personal injury, effective for the duration of the permit.

G. 

Permits may be issued annually in accordance with the requirements set forth in this section.

[Amended 9-8-2009 by Ord. No. 158-2009; 4-13-2010 by Ord. No. 56-2010]

H. 

There shall be a minimum clear distance of five feet, exclusive of the area occupied by the sidewalk cafe, free of all obstructions, such as trees, parking meters, utility poles, streetlights, benches, planters, and movable railings in order to allow for adequate and safe pedestrian movement.

[Added 6-17-2008 by Ord. No. 129-2008]

Amended 6-17-2008 by Ord. No. 129-2008