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Council discusses formalizing Gay Street closure rules into outdoor-dining policy; businesses to sign indemnifications and submit plot maps
Summary
Council and staff proposed making Gay Street closure rules a formal addendum to the boroughs outdoor-dining policy, standardizing cafe permits and requiring plot maps, indemnification forms and compliance with ADA and fire safety standards.
Councilors and staff discussed formalizing rules for Gay Street closures and on-street dining as an addendum to the boroughs outdoor-dining policy and updating Chapter 98 (cafe permits) to reduce annual ad hoc approvals.
Staff proposed that all businesses participating in the Gay Street closure sign a copy of the rules, file updated indemnification forms with the borough and submit a plot map showing the layout of tables and barriers. "The rules are pretty similar to what we have laid out in the past ... I do think we need to be a little more strict this year on enforcing that, so that all operators are within that," a borough staff member said, urging consistent enforcement of a halfway-in-street width standard and the required 54-inch pedestrian clearance.
John O'Brien of Downtown Westchester noted merchant confusion around signage when meters changed earlier and urged early education for customers and clear signage for the Flowbird app. Council and staff discussed ensuring ADA compliance with temporary ramps and defined clearances and noted the need for proper fire-rated tent materials if structures are used.
Staff also recommended that the director of parks and recreation or Downtown Westchester have limited authority to require businesses to clear space for special events and that retail operations that typically do not apply for cafe permits be addressed if they plan to use street space for events; if a business participates without a permit, borough enforcement options are limited.
The borough sought to standardize three permit types in future updates: (1) Gay Street closure participation, (2) sidewalk cafe permit and (3) on-street dining platform/parklet permit. For this season staff asked council to adopt the temporary rules and allow the bid or staff to collect signatures, indemnifications and plot maps; long-term changes to Chapter 98 would be made during a later ordinance review.
What’s next: staff will include the Gay Street closure rules as an addendum to the outdoor-dining policy and collect indemnification forms and plot maps from participating businesses; staff also recommended a future ordinance update to separate permit types in Chapter 98 and clarify enforcement mechanisms.
