Outdoor facilities, other than sidewalk cafes, shall be located upon the same private parcel as the eating or drinking establishment. A sidewalk cafe may be located in whole or in part upon a public sidewalk directly in front of and contiguous to the restaurant with which it is associated.

Operation of an outdoor facility shall be limited to the overall hours of operation of the eating or drinking establishment, but in no event shall an outdoor facility be occupied by a patron after 10:00 p.m.

Outdoor facilities shall be used only for seated patrons or patrons standing at what are commonly referred to as "high top tables" i.e., tables at between 40 inches and 42 inches in height.[1]

Upon receipt of notice that a temporary special use permit has been granted by the Planning Commission, or upon granting a permanent special use permit, the Village Board may within 30 days thereof require a financial guarantee, in the form of cash, a performance bond or other security, that an eating or drinking establishment shall comply with the provisions of § 350-94B and C of this article. The Village Clerk shall give prompt written notice to the temporary special use permit or permanent special use permit recipient of the financial guarantee required by the Village Board. Said financial guarantee may, in the discretion of the Village Board, be required in an amount not exceeding $10,000 and shall be forfeited upon the adjudication by a court of competent jurisdiction that an owner, operator or employee of said eating or drinking establishment operated an outdoor facility or provided outdoor service of food or drink in violation of the provisions of § 350-94B or C of this article. Upon such forfeiture, the special use permit permitting the outdoor service of food or drink shall immediately be deemed terminated without the necessity of further activity by the Village Board, and outdoor service of food or drink and the utilization of any outdoor facility shall be immediately discontinued.

As to a sidewalk cafe, the Village Clerk shall not issue a certificate of compliance pursuant to § 350-97 unless the following is provided:

Pedestrian or vehicular traffic shall not be impeded or obstructed as a result of the location of a sidewalk cafe.

In order to allow adequate pedestrian movement there shall be at least four feet of open area, free from all obstructions, such as trees, parking meters, utility poles and the like.

Sidewalk cafes shall not interfere with any public service facilities, such as mailboxes or benches, located on the sidewalk or located on the public right-of-way.

[1]Unless otherwise restricted by a licensing authority, if a sidewalk cafe is demarcated to show the boundaries of the cafe, there must be a clearly designated exit to an adjacent sidewalk or street.

Sidewalk cafes shall not interfere with immediate access to fire hydrants and fire department connections.

Notwithstanding one's compliance with other location criteria set forth herein, the Village Board shall have authority to determine the location of tables, chairs or other structures associated with a sidewalk cafe.

Tabletops upon or extending into public sidewalk areas shall not exceed nine square feet in area.

Furnishings or structures shall not be attached, temporarily or permanently, to the sidewalk or any other public property.

Fixed and retractable awnings and umbrellas may be permitted provided that at no time shall any portion of an awning including its supports or an umbrella be lower than 8.5 feet above any adjacent pedestrian walkway over which it may encroach.

Awnings and canopies shall comply with applicable provisions of the New York State Building Code.

Open flames, including candles, flaming foods or beverages, and open-flame cooking devices shall be prohibited.

Smoking shall be prohibited.

Extension cords, if used, shall comply with applicable provisions the New York State Fire Code.

Chairs and tables shall not be utilized for the display of merchandise or the advertising of goods or services.

The permittee is responsible, at all times, for the cleanliness of the cafe, as well as the cleanliness of the abutting sidewalk and curb areas.

No container or enclosure for trash or refuse may be placed adjacent to or within the confines of the sidewalk cafe.

The permittee is responsible to assure trash and refuse shall not be deposited into a Village trash receptacle. All trash and refuse shall be moved to and disposed of within receptacles used by the restaurant with which the cafe is associated.

Chairs, tables, umbrellas, and retractable awnings shall be removed from the public sidewalk area of the sidewalk cafe no later than the closing of the establishment.

Within a historic district, as designated by the Village Historic Preservation Commission, other than items to be removed from the premises of the sidewalk cafe during nonbusiness hours, there shall be no material change in the appearance of the exterior elements of the property visible from a public street which affects the appearance and cohesiveness of the historic district without first obtaining a certificate of appropriateness issued by the Historic Preservation Commission.

Portable outdoor gas-fired heating appliances, if used, shall comply with applicable provisions of the New York State Fire Code.

Notwithstanding one's compliance with other standards set forth herein, the Village Board shall have authority to determine that, in the interest of public safety, additional standards shall be imposed.