Community‎ > ‎

Village Merchants

This section of the Village Code needs to be changed to allow residents and visitors to enjoy our street scapes!

This video demonstrates that the change will not interfere with pedestrian traffic. 

Village Code 58:11:F(4)(a) (a) The proposed sidewalk cafe will not unreasonably interfere with the pedestrian traffic and will occupy and use no more than 50% of the public concrete sidewalk, with the decorative brickwork being excluded from this calculation.

 

F. Sidewalk cafes. [Added 5-6-1996 by L.L. No. 2, 199668]

 (1) Definition. As used in this subsection, the following terms shall have the meanings indicated:

SIDEWALK CAFE — Those exterior facilities adjacent to and part of establishments selling food and/or drink that require the use of some village-owned property for operation, are temporary in nature and are open to the elements, except for original awnings. Sidewalk cafes, upon approval of the Village Board of Trustees, may be located in the Central Business District of the village, which district consists of Main Street from the canal bridge south to Holley Street.

 (2) Permit required; restrictions.

(a) No sidewalk or outdoor cafe shall be allowed to operate in any outdoor area unless a permit has been obtained from the Village Clerk and permission has been granted by the Village Board of Trustees.

(b) Any request for a permit to operate a sidewalk cafe shall be made, in writing, to the Village Board of Trustees.

(3) Application for permit. The written request/application may, at the Village Board of Trustees’ discretion, contain the following information:

 (a)   The name, address and telephone number of the applicant.

(b) The name, address and telephone number of the restaurant/business to be the subject of the application.

(c) The days and hours for which the permit is requested.

(d) The number and type of tables and chairs desired for this area and a rendering of positions of tables relative to entrances, exits and the sidewalk.

(e) A description of the facilities and equipment to be used, including whether live or mechanically reproduced music is to be played, and other devices needed for amplification of sound, when applicable.

(f) An indication of all fixtures, such as planters to be used, and an indication of whether or not they will be removed when the cafe is closed.

(g) Proof of insurance as outlined in § 58-11F(4)(g).

(h) Any other information that the Village Board of Trustees may find reasonably necessary for the fair determination as to whether a permit should be issued.

 (4) Conditions for issuance of permit.

 (a) The proposed sidewalk cafe will not unreasonably interfere with the pedestrian traffic and will occupy and use no more than 50% of the public concrete sidewalk, with the decorative brickwork being excluded from this calculation.

(b) The applicant has met all other applicable Building Code, 69 Zoning Ordinance and the Historic District’s Ordinance requirements.70

(c) The permit holder shall be bound by all applicable rules, regulations, ordinances, local laws and statutes and shall have a current Monroe County Health Department permit.

(d) The permit shall be valid for one calendar year beginning in January and ending in December, regardless of the date of application. April 1 shall be the earliest date for placing tables and chairs on the sidewalk.

(e) A fee of $200 shall be paid upon application for a permit, with $50 being a nonrefundable administrative charge and with the remaining $150 being refunded upon denial of a permit or at the end of the calendar year if there are no penalties or fines imposed for violation of regulations.

(f) The applicant shall sign an agreement to repair, at the expense of the applicant, any damage caused to the sidewalk in the operation of the cafe.

(g) A hold-harmless agreement executed by the applicant and indemnifying the village against loss, including costs and expenses, resulting from injury to person or property as a direct or indirect result of the operation of the cafe or for such injury occurring on the premises occupied by the cafe is required. The applicant shall be required to obtain a protective policy of insurance in the amount of $500,000 covering said hold-harmless agreement. Said hold-harmless agreement shall be subject to the approval of the Village Attorney.

(h) Upon the request of the Village of Brockport, tables and chairs are to be removed from the sidewalks at any time during the season for special events or emergencies. 

69 Editor’s Note: See Ch. 10, Building Construction Code.

70 Editor’s Note: See § 58-23, Historic preservation. 

 (5) Cafe regulations. A cafe authorized and operated pursuant to this Article shall:

(a) Comply with all plans submitted to and approved by the Village Board of Trustees.

(b) Serve or allow to be consumed no alcoholic beverages on or at any sidewalk cafe.

(c) Be used only by those patrons of the cafe who are eating a meal or dessert or consuming a beverage normally connected with the cafe.

(d) Not open for business before 6:00 a.m.

(e) Cease all service of any kind whatsoever at 11:00 p.m., and all furniture, utensils, containers or any other materials used in the operation of the cafe shall be removed from the sidewalk cafe area no later than 11:00 p.m.

(f) Use only paper or plastic dishes when serving patrons of the cafe.

(g) Remove all cafe structures by October 31 in any year for which a permit is granted.

(6) Maintenance of premises and furniture.

(a) The property shall be cleaned and kept refuse-free, and the sidewalk shall be rinsed nightly. A covered trash receptacle with the approximate capacity of 30 gallons shall be available for the use of patrons and shall be removed from the sidewalk each night at closing.

(b) Furniture shall be of uniform style and color coordinated to complement the facades of the downtown Business District. The furniture shall also be clean and in good repair.

(c) At the expiration of the term of the permit or at the time that the business ceases to operate a sidewalk cafe, all village-owned property shall be delivered to the village in good condition, damage by elements excepted. Public property shall not be altered in any way during the term of the permit.

(7) Music, lighting and outdoor cooking.

(a) Cafes located in the Business District shall comply with the Village of Brockport Noise Ordinance.71

(b) Lighting shall be minimal and shall be installed so that direct or indirect illumination from the source of light shall not cause illumination in excess of 0.5 foot candle on any abutting property.

(c) No outdoor cooking of any type is permitted in sidewalk cafes. 

71 Editor’s Note: See Ch. 55, Noise. 

(8) Notice of violation, fines and revocation of permit.

(a) When a violation of any provision(s) of the Sidewalk Cafe Ordinance occurs, the appropriate village representative, whether it be a police officer or the Building Inspector, shall give written notice to the applicant to correct said violation within 24 hours of receipt of said notice by the applicant.

(b) A fee of not less than $25. shall be levied for each violation of this subsection.

(c) Any person who violates or allows his patrons to violate this subsection or the Village Noise Ordinance72 two times in one year shall have his permit revoked for the remainder of the calendar year.

(d) Issuance of a permit in subsequent years shall be partially dependent upon the history of the applicant’s adherence to village ordinances.

(9) Appeal of denial, revocation or issuance of permit. All appeals of denial, revocation or issuance of permit shall go before the Village Board of Trustees.

(c) No outdoor cooking of any type is permitted in sidewalk cafes. 

72 Editor’s Note: See Ch. 55, Noise.