Image of Elm St. Westfield businesses that currently maintain sidewalk seating. (WNG File photo)
WEDNESDAY – The outdoor dining, or sidewalk cafe ordinance was approved by the Legislative & Ordinance Committee at their meeting Tuesday evening. Chairman Ralph J. Figy said that the overseeing agency for the permit will be the Health Department as a part of their annual inspection, with no extra fee involved.
The permits will be issued by the Health Department annually for the period of April 1 through October 31. The applications must include a description and diagram of the sidewalk area where the service will be provided, along with the number and types of tables, chairs, umbrellas, and other appurtenances (planters, fencing, etc.).
The outdoor dining area must be contiguous to a restaurant facility located on street level, and may not extend beyond the frontage and or side of the licensed premises. The area must also be enclosed by a fence, rope or other means to prevent access from the public right of way, allowing a minimum of four fee of unimpeded pedestrian passageway on the sidewalk. There can be no permanent fixtures, and from November 2 to March 30, everything must be removed from the sidewalk.
Other rules include no refuse or refuse containers allowed in the outdoor dining area, and no smoking. The permit holder is responsible for the removal of all trash as well as sweeping of the area.
Figy said this was their fourth meeting on the topic. “We’ve come a long way since the first recommendation from Community Development,” he said, adding that he’s also met with four downtown restaurants to discuss the permit and get their feedback.
Currently, restaurants with outdoor dining apply for a sidewalk obstruction permit from the Department of Public Works for $50, but the city did not feel that addressed all of the issues of sidewalk cafes.
Figy said three establishments currently have obstruction permits, and a couple of other food vendors have outdoor seating and no permits. “This will put everyone on an equal playing field. Anyone may apply as a part of the annual inspection,” he said, adding, “This is a good example of how we can support the downtown.”
“I think it’s a positive for downtown. I’ll fully support it,” said L&O member William Onyski.
The ordinance will now go to the City Council for a vote at their next meeting on Aug. 16.
