(A) Generally. A sidewalk café service operated by a restaurant or other food establishment which sells food for immediate consumption may be permitted in the CBD Central Business District, subject to the following conditions.
(B) Conditions.
(1) (a) An application depicting the location and a site layout of the café facility shall be submitted to the Zoning Administrator.
(b) Each permit application for a sidewalk café shall be accompanied by a policy or certificate of insurance, in an amount acceptable to the village, including worker’s compensation, naming the village as additionally insured. Establishments serving alcohol shall also provide a liquor liability policy or certificate of insurance naming the village as additionally insured.
(c) Each permit shall be effective 8 months from April 1 to December 1 and must be renewed annually through administrative review. The annual permit fee for establishing and maintaining a sidewalk café shall be established by Village Council resolution.
(2) A sidewalk café shall be allowed only during the 8 month period beginning April 1. All sidewalk café furniture is to be removed by December 1 each year.
(3) A sidewalk café may be located in front of the establishment.
(4) If a sidewalk café is located on a public sidewalk, a minimum of 5 feet of unobstructed, pedestrian access along the sidewalk shall be maintained.
(5) A sidewalk café shall be allowed only during normal operating hours of the establishment.
(6) The exterior of the premises shall be kept clean, orderly and maintained.
(7) The permittee shall be responsible for repair of any damage to the sidewalk caused by the sidewalk café furniture. No permanent attachments to the sidewalk are permitted.
(8) All sidewalk café furniture is to be maintained in a manner that is compatible with the building’s site elements (i.e. signs, awnings and walls). No broken, peeling, rusting or other aesthetic elements should be left outdoors for continued use.
(9) The village shall not be held liable or responsible for any type of damage, theft or personal injury which may occur as a result of a sidewalk café operation.
(10) All sidewalk cafes shall comply with applicable regulations of the County Health Department, the State Liquor Control Commission and any other applicable county, state or federal regulation.
(11) The Village of Manchester reserves the right to deny, revoke or suspend a sidewalk café permit if the permittee has failed to correct violations of the sidewalk café permit within the time specified on the violation notice. If the village denies, revokes or suspends the permit the village will notify the permittee in writing. The decision to deny, revoke or suspend a permit may be appealed to the Village Council. Variances from the sidewalk café standards must be appealed before the Zoning Board of Appeals.
(Ord. 239, passed 3-5-2001, § 5.19; Am. Ord. 288, passed 12-16-2013) Penalty, see § 151.999