Public notices

Public Notice: Town of Riverhead — public hearing to amend Chapter 253 entitled “Outdoor Dining”

Event date: Sep 21, 2021



 PLEASE TAKE NOTICE, that a public hearing will be held on the 21st day of September, 2021 at 6:15 p.m. at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, to consider a local law to amend Chapter 253 of the Riverhead Town Code entitled, “Outdoor Dining”; and 

Be it enacted by the Town Board of the Town of Riverhead as follows: 


Chapter 253 Outdoor Dining 

Operation of Sidewalk Cafes    

§ 253-1. Operation of sidewalk cafes. 

The Town Board Fire Marshal is hereby authorized to grant annual revocable permits for the use of the sidewalks for sidewalk cafes upon the following terms and conditions: A.   No sidewalk cafe may be operated except: 

  • As an accessory to a restaurant or retail food store lawfully operating on the first floor of premises in the downtown following zoning use districts, DC-1; DC-2; DC-3; and VC . 
  • On the sidewalk adjoining the principal place of business which directly abuts a sidewalk which is no less than ten (10) (six) 6 feet in width measured from the exterior wall of the building in which the business is located to the inside edge of the curb and of such entity no closer than three four feet from the curb. 
  • By the entity which operates the restaurant or retail food store.  The sidewalk cafe area shall be located directly in front of the building occupied by the restaurant, shall not extend more than six (6) feet from the exterior wall of the building, unless otherwise approved by the Chief Fire Marshal, and unless the sidewalk is located on the side of the building, shall stay within the width of (shall not exceed beyond the width of) the building space occupied by the restaurant.  
  • Permitted hours of operation shall be between 7:00 a.m. and 11:00 p.m.  No sidewalk cafe shall operate after 11:00 p.m. or when the entity with which it is associated is not open to the public. 
  • With the exception of retractable awnings, Ffurnishing of a sidewalk cafe shall consist solely of readily removable umbrellas, covers, railings, table chairs, planters containing live plants, waste receptacles and accessories. Furnishings may not be attached, even in a temporary manner, to the sidewalk or other public property or to any building or structure. All furnishings shall be securely positioned so as to avoid windblown furnishings. All furnishings shall be removed from the sidewalk and stored in an approved manner when the sidewalk cafe is not in operation. 
  • All food must be prepared within the existing restaurant or retail food store upon which the cafe permit has been granted. 
  • The applicant shall be responsible for obtaining, maintaining in full force and effect and complying with the terms and conditions of any permit which may be required under any other law or regulation for the serving of food or beverages, including alcoholic beverages, at a sidewalk cafe. 
  • Sidewalk cafes, the public property on which they are located and the surrounding area shall at all times be kept free and clear of litter, debris and any substance that may damage the sidewalk or cause pedestrian injury. 
  • Sidewalk cafes may not utilize any public amenities such as benches, seats or municipal waste receptacles provided for public use of the sidewalk. 
  • Sidewalk cafes may not provide buffet food service. Tableside service only may be provided. 
  • No designated parking stalls shall be obstructed by the permittee. 
  • No sidewalk cafe shall impede handicapped access as required by any applicable law. 
  • Permittees shall have one employee available at all times to collect and dispose of windblown trash. 

§ 253-2. Application for permit. 

  • Application for an annual permit pursuant to this chapter shall be made to the Building Department Office of the Fire Marshal on forms provided by the Town.  Such forms shall contain information as may be reasonably required by the Fire Marshal to establish compliance with the applicable codes, ordinances and regulations and shall consist of the following information: 

(1)  One copy of the current Outdoor Sidewalk Dining Permit Application. 

    • (2) The name and address of the applicant. 
    • (3) The proposed site for the activity. 
    • (4) In the case of an application for a sidewalk cafe, a sketch plan showing the proposed layout of the cafe. 
  • The annual application shall be accompanied by an application fee of $25 150.   

§ 253-3. Determination on application. 

The Building Department Fire Marshal shall grant or deny an application for a permit pursuant to this chapter within seven days of its complete submission. When the sidewalk cafe is proposed to be located on Town of Riverhead property, approval of an application pursuant to this chapter is subject to the applicant’s submission of an insurance certificate naming the Town of Riverhead as an additional insured with insurance limits and insurance company acceptable to the Town Attorney. 


  • Overstrike represents deletion(s)
  • Underscore represents addition(s)

Dated:  Riverhead, New York 

            September 8, 2021