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Writer's pictureErie Co. Blotter.

Village of Lancaster Suspends Requirement for Outdoor Dining - Extension.

I, William C. Schroeder, the Mayor and Chief Executive Officer of the Village of Lancaster, exercise the authority granted to me under Section 24 of the New York State Executive Law, to hereby proclaim as follows:

  • Whereas pursuant to a series of executive orders commencing with Executive Order Number 202 issued by the New York State Governor, a state of disaster emergency has been declared throughout the State of New York; and

  • Whereas on June 5, 2020 I decreed a local state of emergency within the Village of Lancaster, NY; and

  • Whereas on June 5, 2020 pursuant to New York State Executive Law § 24, I, as Mayor of the Village of Lancaster, decreed that with respect to the state of emergency within the Village of Lancaster, NY § 350-95 of Article XII and § 350-94(F) of Article XII of Chapter 350 of the Village Code of the Village Code of the Village of Lancaster, NY were suspended; and

  • Whereas on June 10, 2020 I decreed that  pursuant to New York State Executive Law § 24 the aforesaid suspensions of § 350-95 of Article XII and § 350-94(F) of Article XII of Chapter 350 of the Village Code of the Village of Lancaster, NY shall be extended until and including June 15th 2020;

Now upon reconsideration of all the relevant facts and circumstances, it is decreed that pursuant to New York State Executive Law § 24 the aforesaid suspensions of § 350-95 of Article XII and § 350-94(F) of Article XII of Chapter 350 of the Village Code of the Village of Lancaster, NY shall be extended until and including June 20th 2020; and

It is further decreed that eating and drinking establishments within the Village of Lancaster which have not received a special use permit to conduct outdoor service may undertake outdoor service provided as follows: 1) such establishment must at all times comply with all State and County executive orders and directives issued in response to the COVID -19 crisis, and 2) such establishment must at all times comply with the following restrictions found within § 350-94 of the Village Code: A. Outdoor facilities shall be located upon the same parcel as the eating or drinking establishment. B. No live music or sound produced through electronic speakers shall be permitted. C. 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 before 11:00 a.m. or after 10:00 p.m. D. Outdoor facilities shall be used only for seated patrons. No bars for the service of alcohol shall be permitted. E. The capacity of an outdoor facility shall be limited to 20 seated patrons. And It is further decreed that the Town of Lancaster Police Department, the Village of Lancaster Code Enforcement Officer and the Village of Lancaster Director of Emergency Management are hereby authorized to enforce this directive as it applies to eating and drinking establishments within the Village of Lancaster and may summarily direct any eating or drinking establishment found to be in violation of the restrictions of this directive to cease immediately outdoor service, pending further review;   Mayor William C. Schroeder, Village of Lancaster. NY June 15, 2020 Any person who knowingly violates any local emergency order of a chief executive promulgated pursuant to Section 24(5) of New York State Executive Law is guilty of a class B misdemeanor.

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***As Are All Persons "Accused" Of A Crime, The Defendant(s) Are Presumed Innocent Until Proven Guilty In A Court Of Law.***

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