[HISTORY: Adopted by the Governing Body of
the Borough of Allendale 8-12-1999. Amendments noted where applicable.]
The purpose of this chapter is to establish
a procedure and authorize rules and regulations thereunder for the
licensing of outdoor cafes in the C-1 and C-2 Central Business Districts
of the Borough of Allendale.
[Amended 3-23-2006]
For the purpose of this chapter, the following
words shall have the meanings respectively ascribed in this section:
Any eating establishment where food and other refreshments
are served outside of any restaurant, cafe, cafeteria or place of
business where food and/or other refreshments are served; provided,
however, that in no event shall the outdoor seating capacity be greater
than 45% of the indoor seating capacity and that the outdoor dining
area must be contiguous to the building housing such eating establishment.
That area of the public or private right-of-way reserved
for pedestrian traffic from the curb to the front line of the building
housing an eating establishment.
[Amended 3-23-2006]
It shall be unlawful for any person, firm, partnership,
corporation, association or organization of any kind (hereinafter
collectively referred to as “person”) to create, establish,
operate, maintain or otherwise be engaged in the business of conducting
an outdoor cafe within the Borough of Allendale unless such person
shall hold a currently valid license issued pursuant to the terms
of this chapter.
Application for the license required hereunder
shall be made to the Construction Code Official and shall be signed
by the applicant. The application shall contain the following information:
A.
The name, residence address and telephone number of
each individual, owner, partner or, if a domestic corporation, the
names, residence addresses and telephone numbers of the directors
and officers owning a 10% or greater interest in the corporation and
the chief operating executive of the corporation and, if a non-domestic
corporation, the name, residence address and telephone number of the
managing officer for service of process within the State of New Jersey
and a copy of the qualification of said nondomestic corporation to
conduct business in the State of New Jersey.
B.
A copy of the trade, corporate, business or fictitious
name upon which the applicant intends to do business pursuant to this
chapter.
C.
The address and description of each place where the
applicant intends to establish or operate an outdoor cafe.
D.
The name and address of the person owning the premises,
if other than the applicant, and the consent of the owner of the premises
to the application.
E.
A sketch of the proposed cafe which will reasonably
identify all tables, chairs, umbrellas, furnishings and fixtures intended
to be located at the cafe site. The sketch will also provide the following
information:
(1)
The location of any doors leading from the eating
establishment to the outdoor cafe. No such doors may be obstructed
in any manner.
(2)
The number of feet and location of unobstructed space permitting
free passage of pedestrian traffic around or through each outdoor
cafe. There shall be a minimum of four feet of unobstructed paved
surface of the sidewalk available for pedestrian traffic. There shall
be a physical separation between the outdoor cafe and unobstructed
space permitting free passage of pedestrian traffic.
[Amended 4-11-2019]
(3)
The location of the place where any food or drink
is intended to be prepared.
(4)
The location of all fire hydrants, parking meters,
utility poles, benches, handicap ramps or any other fixtures permanently
located on the sidewalk in front of the eating establishment or within
10 feet thereof on either or any side.
F.
An application fee of $100.
The Construction Code Official will review the
application for completeness and compliance with the terms of this
chapter. If the application is complete, the Construction Code Official
will act upon the same within 10 business days of the submittal of
the application or within 10 business days after the application becomes
complete. If the application is not complete, the Construction Code
Official will so notify the applicant within 10 business days of the
submission and specifically detail the areas in which the application
lacks compliance with the requirements of this chapter.
If the application complies with the chapter,
the Construction Code Official shall issue a license strictly subject
to the terms and conditions of this chapter.
The license is personal to the applicant, and
any change or transfer of ownership of the outdoor cafe shall terminate
the license and shall require a new application and a new license
in conformance with all of the requirements of this chapter.
Acceptance of the license by the applicant shall
operate as a consent to the health, fire, police and building officials
of the Borough to inspect the outdoor cafe for continued compliance
with the terms and conditions of this chapter and any federal, state,
county or local law, chapter or regulation affecting the same.
[Amended 3-23-2006]
In addition to the requirements heretofore set
forth, no license required by this chapter shall be granted to any
person to operate an outdoor cafe until such person shall have filed
with the Construction Code Official a statement agreeing to indemnify
and hold harmless the Borough of Allendale, its agents, servants,
representatives or employees from any or all claims, damages, judgment
costs or expenses, including attorney’s fees, which they or
any of them may incur or be required to pay because of any personal
injury, including death, or property damage suffered by any person
or persons as a result of or related in any way to the operation and
maintenance of the outdoor cafe for which the license is issued.
A.
No license required by this chapter shall be granted
to any person to operate an outdoor cafe until such person shall have
first filed with the Construction Code Official a comprehensive general
liability policy issued to such person by a public liability insurance
company authorized to do business in the State of New Jersey affording
the coverages set forth below in the amounts specified. Such insurance
policy shall name the Borough of Allendale, 500 West Crescent Avenue,
Allendale, New Jersey, its agents, servants, officers, representatives
and employees as additional insureds with respect to the operation
and maintenance of the outdoor cafe in the following amounts:
[Amended 3-23-2006]
B.
The insurance coverage required by this section shall
at all times be maintained for the full amount. The policy of insurance
required by this section to be filed with the Construction Code Official
shall contain a clause obligating the company issuing the same to
give not less than 30 days' written notice to the Borough Clerk before
cancellation or amendments of any of the terms thereof. Notice of
cancellation shall not relieve the company issuing such policy of
liability for any injury or claim arising before the cancellation
becomes effective. The cancellation of any such policy shall have
the immediate effect of suspending the license of such person to operate
the outdoor cafe covered thereby until a new policy complying with
the provisions of this section is filed with the Construction Code
Official, and a letter in writing confirming the new effective date
of the license is issued by the Construction Code Official.
Any license issued hereunder is issued solely
as a revocable license which shall be subject to suspension or revocation
by the Borough Administrator for failure of any licensee to comply
with this chapter or for violation of any other applicable federal,
state, county or municipal law, regulation or chapter. Such revocation
or suspension by the Borough Administrator shall be upon written notice
personally delivered to the licensee, which notice shall set forth
the grounds for such revocation or suspension. If the licensee wishes
to contest or appeal such suspension or revocation, the licensee shall
file a written notice of appeal setting forth the grounds for the
appeal, which written appeal shall be filed with the Borough Clerk
no later than 10 days prior to the public meeting of the Mayor and
Council at which the matter will be heard and considered. At the public
hearing before the Mayor and Council, the Borough Administrator will
present evidence supporting the grounds for suspension or revocation
of the license. The licensee will then be permitted to present evidence
and witnesses in support of its case. At the hearing, the licensee
may be represented by an attorney. At the conclusion of the hearing,
or as soon thereafter as is reasonable, the Mayor and Council may
determine whether or not the suspension or revocation imposed was
appropriate, whether or not such suspension should be continued or
whether or not sufficient grounds exist to permanently revoke the
license. The operation of an outdoor cafe after any suspension or
revocation of the license is unlawful, and every day that such violation
continues shall constitute a separate and distinct offense.
Each licensee is responsible for keeping the
area of the outdoor cafe and the adjacent walks and streets free and
clear of any debris or litter occasioned by the cafe. Areas must be
cleaned as needed and at the time that business is closed.
No signs shall be permitted in the area of the
outdoor cafe except those signs authorized under the Zoning Ordinance
of the Borough.[1] Outdoor umbrellas located in the outdoor cafe shall be
exempt from the Sign Ordinance of the Borough of Allendale.
If the applicant is the holder of an alcoholic
beverage control license pursuant to the laws of the State of New
Jersey, it shall be the applicant's responsibility to cause the alcohol
beverage control license to be amended to include the premises utilized
for outdoor cafe purposes in order to serve alcoholic beverages therein.
No outdoor cafe shall open for business prior
to 8:00 a.m. nor remain open for business after 11:00 p.m. All persons
occupying the outdoor cafe shall vacate the same no later than 11:30
p.m.
Outdoor cafes shall be permitted to operate
from April 1 to October 31 in any calendar year. The license, when
issued, shall be valid for one season. The application fee set forth
herein shall be paid annually.
No tables, chairs or other equipment used in
the outdoor cafe shall be attached, chained or in any manner affixed
to any tree, post, sign, curb or sidewalk or property of the Borough
of Allendale within or near the licensed area.
The licensee agrees at the end of the license
period, or in the event that the license is temporarily or permanently
suspended or revoked, that the licensee will, at his own cost and
expense, vacate the sidewalk space and promptly remove any property
placed thereon. Failure to do so on five days' written notice shall
grant to the Borough the right to remove any property on the sidewalk
and the licensee agrees to reimburse the Borough for the cost of removing
and storing the same.
Table service is required.
Any person violating any provision of this chapter
shall, upon conviction, be subject to a fine not exceeding $100 for
each offense or imprisonment for a period not exceeding 90 days, or
both, at the discretion of the court imposing sentence pursuant to
N.J.S.A. 40:49-5. Each day a violation occurs or is committed shall
constitute a separate offense.
