Monday, May 4, 2009

Sidewalk Seating - Private?

A reader has sent me the following inquiry.

Last week-end his family visited from out of town. After lunch on the Square, they went for ice cream. One family member waited outside and sat down on a chair in an outside-dining area of the business next door.

Even though no one was seated in that business' outside dining area, an employee came out and told that family member that he would have to move because that chair was only for that particular business to use.

The reader's question is, "Can a business, or individual, claim a spot on the sidewalk and then restrict others from occupying that area?"

I smiled when I read the second question; it's a good one.

"Could I show up in the morning before this business opens and put my own chair in this area, then tell that business that no one else can use that area of the sidewalk (because it is only for my use)?"

In the past, the City of Woodstock has passed ordinances permitting tables and chairs on sidewalks immediately adjacent to specific restaurants; ex., Starbuck's and Tip Top Bistro. The City restricted the area of the sidewalk to be so used, in order to keep a path free for pedestrians to pass.

I'll relay the reader's two questions to City Hall, and I'll also ask if all the food establishments on the Square hold the proper City permission for any outside dining areas.

I'll invite someone from the City to post the answer, or I'll print it when I receive it.

1 comment:

Gus said...

The City of Woodstock approves the use of public sidewalks by businesses for outdoor seating based on certain guidelines – adequate space for pedestrian traffic, tables and chairs removed after business hours, open ingress/egress to business, debris control, city named as additional insured on insurance.

The furniture belongs to the business, so on some level they do have a say as to who sits there.

But was it good public relations, when the tables and chairs were not in use by its own customers?

Here are my thoughts. If no tables or chairs are in use and if I were the businessowner, I would not object to someone sitting down for a few minutes. (The someone would not include a gang of shirtless kids with bikes and skateboards.)

I would send an employee out with a menu and invite the customer to come in and order. If he declined, at least invite him to come back sometime soon. In other words, be friendly!

I know the visitor's second question doesn't really require an answer. I would imagine that, if I set up my lawnchair in front of a business on the Square holding a permit for outside seating, I'd probably receive a visit from someone at City Hall pretty quickly. It would be a civil issue, so I wouldn't expect the police to respond, and they shouldn't.