[HISTORY: Adopted by the Mayor and Council
of the Borough of Oradell 3-3-1998 by Ord. No. 1079. Amendments noted where
applicable.]
The purpose of this chapter is to establish
procedure and authorize rules and regulations thereunder for the licensing
of outdoor cafes in the B-1 Zone of the Borough of Oradell.
For the purpose of this chapter, the following
words shall have the meaning respectively ascribed in this section:
Any eating establishment where food and other refreshments
are served upon the public right-of-way, namely the sidewalks immediately
in front of any restaurant, cafe, cafeteria or place of business where
food and/or other refreshments are served, or where permitted on private
property pursuant to the Land Use Ordinance.[1]
That area of the public right-of-way reserved for pedestrian
traffic from the curb to the front line of the building housing an
eating establishment.
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 upon the sidewalks of the Borough of Oradell, or on private
property, unless such person shall hold a currently valid license
issued pursuant to the terms of this chapter.
No license shall be issued hereunder unless
the licensee shall demonstrate that a minimum of nine feet from the
curb edge will be available for pedestrian traffic around such outdoor
cafe and that such outdoor cafe be directly in front of an eating
establishment as hereinabove defined. No food or drinks served at
such outdoor cafe shall be prepared or stored other than in the interior
of the eating establishment. The term "directly in front of" shall
confine the cafe to the area represented by an extension of each side
of the store occupied by the eating establishment projected directly
to the curb line immediately in front thereof.
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 nondomestic
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.
Three sets of a proposed layout plan containing scaled
drawings prepared by a licensed professional architect or engineer
clearly illustrating the number, type of materials, color and location
of all tables, chairs, umbrellas or other furnishings or fixtures
intended to be located in the outdoor cafe. All tables and chairs
must be constructed of material of sufficient weight so as to not
be affected by high winds. The perimeter of the outdoor cafe shall
be defined and set off by a portable type enclosure which may include
live potted plantings on Borough property. The enclosure shall define
the perimeter of the area to be used as an outdoor cafe and shall
separate it from the pedestrians traversing the adjacent sidewalk.
The enclosure shall not contain doors or windows nor air-conditioning
or heating equipment and shall be open at all times to the air and
the barrier shall not have a height of more than three feet. Awnings
or outdoor umbrellas extending over the enclosure are permitted, provided
that the lowest portion of the awning or umbrella is not less than
seven feet above the adjacent sidewalk and does not extend more than
one foot beyond the enclosure. The scaled drawings shall also illustrate
the following:
(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 each outdoor
cafe.
(3)
The location of the place where any food or drink
is intended to be prepared.
(4)
The enclosure or protective barrier separating the
eating and serving area of each outdoor cafe from pedestrian traffic
which shall be indicated by a plan, elevation and section.
(5)
The location of all bus stops, fire hydrants, utility
poles, benches, handicap ramps, street furniture, trees and any other
fixtures permanently located on the sidewalk in front of the eating
establishment or within 10 feet thereof on either or any side.
(6)
The type and location of any proposed outdoor lighting
and fixtures should include the following information: mounting height,
lamp type and lumens. Any open flame type fixture shall only be permitted
with the approval of the Fire Official.
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 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 this 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 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, ordinance or regulation affecting the same.
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 Oradell, its agents,
servants, representatives or employees from any or all claims, damages,
judgment costs or expenses, including attorneys 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 coverage limits set forth below in the amounts specified. Such
insurance policy shall name the Borough of Oradell, 355 Kinderkamack
Road, Oradell, New Jersey, 07649, its agents, officers, servants,
representatives and employees as additional insured with respect to
the operation and maintenance of the outdoor cafe in the following
amounts:
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 affect of suspending the license of such person to operate
the outdoor cafe covered thereby until a new policy complying 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.
Every insurance policy required hereunder shall
contain a provision for continuing liability thereunder to the full
amount thereof notwithstanding any recovery thereon, that the liability
of the insured shall not be affected by the insolvency or the bankruptcy
of the insured and that until the policy is canceled the insurance
company will not be relieved from liability on account of nonpayment
of premium or of any act or omission by the named insured. Such policy
of insurance shall be further conditioned for the payment of any and
all judgments up to the limits of such policy.
Any license issued hereunder is issued solely
as a revocable license, which shall be subject to revocation or suspension
by the Borough Clerk 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 ordinance. Any license issued hereunder
is issued upon the express understanding that the licensee obtains
no property right thereunder, nor any interest in the continuation
of said license.
It shall be unlawful for any person to operate
an outdoor cafe after the suspension or termination of the applicable
license.
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 and at the
beginning of each business day, but not later than 9:00 a.m.
No vending machines of any kind are permitted
on the exterior of any building operating an outdoor cafe.
No signs shall be permitted in the area of the
outdoor cafe except signs on the awnings complying with the Sign Ordinance
of the Code of the Borough of Oradell.[1] Outdoor umbrellas located in the outdoor cafe shall be
exempt from the Sign Ordinance of the Borough of Oradell. There shall
be no logos or advertising upon any umbrellas without prior approval
of the Sign Committee of the Oradell Planning Board.
In addition to the powers of suspension or revocation
as set forth above, the Borough reserves the right to modify, suspend
or revoke any license on 10 days' written notice if the Borough determines
that the pedestrian operation of the outdoor cafe or because of any
other safety issue within the Borough because of such operation. The
license may also be suspended or revoked on 10 days' written notice
in the event that the Borough determines that it is necessary to utilize
the area or any part thereof for the maintenance or installation of
underground utilities. In the event of an emergency, which emergency
is certified by the Borough Clerk, the license may be suspended or
revoked without notice.
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.
[Amended 3-25-2008 by Ord. No. 08-03]
Outdoor cafes shall be permitted to operate
from March 1 to November 30 in any calendar year. The license, when
issued, shall be valid for one year. If there is no change in use,
a renewal license may be issued by the Construction Code Official
upon submission of a renewal application. The applicant shall certify
on the application no change in the scope or use from the previously
issued license.
A.
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 Oradell
within or near the licensed area.
B.
All equipment used in connection with the operation
of an outdoor cafe shall be of sufficient size and weight to avoid
being blown about by the wind. No food items shall be served upon
paper, Styrofoam or with plastic utensils.
C.
All equipment, tables, chairs, umbrellas, etc., pertaining
to the outdoor seating area shall be removed at the end of each and
every evening and secured within the confines of the building. No
equipment, tables, chairs or any other material of any kind shall
be permitted to remain outdoors during hours in which the business
is not open to the public and operating.
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.
The licensee shall not direct or permit to be
directed to or from the area occupied by the outdoor cafe any bell,
chime, siren, whistle, loudspeaker, public address system, radio,
sound amplifier or similar device.
No outdoor cafe shall open for business prior
to 7:00 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.
Table service is required.
Alcoholic beverages shall only be served and
consumed in connection with a meal. Only beer and wine may be served
in an outdoor dining area.
