[HISTORY: Adopted by the Borough Council
of the Borough of Glen Rock as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-13-1971 by Ord. No. 763 as
Ch. VII, Sec. 7-4, of the 1971 Revised General Ordinances]
[Amended 5-14-2003 by Ord. No. 1440]
A.
All retail food establishments, including restaurants,
diners and any other establishments regularly selling or serving food
to the public in the Borough of Glen Rock, must obtain a retail food
establishment license. Such license shall expire annually on December
31. License applications shall be submitted together with the required
fee prior to February 1 of each year. Failure to obtain a license
by January 31 will result in a late fee.
B.
Nonprofit organizations. Whenever food is to be prepared
at any of these facilities, a temporary permit must be obtained prior
to the date of the function. To obtain this permit, the organization
shall provide: date and length of function; type of food being prepared;
location of preparation; approximate number of people being served.
The Glen Rock Board of Health has the authority to restrict the types
of food to be prepared or served.
[Amended 5-14-2003 by Ord. No. 1440]
In lieu of the requirements of Chapter 133, Licensing, the Board of Health shall investigate applicants, issue licenses and otherwise enforce the provisions of Chapter XII of the State Sanitary Code, entitled "Sanitation in Retail Food Establishments and Food and Beverage Vending Machines."[1]
[1]
Editor's Note: See now N.J.A.C. 8:24-1.1 et
seq.
[Added 4-26-1993 by Ord. No. 1209; amended 5-14-2003 by Ord. No.
1440]
A.
As a prerequisite to obtaining an annual retail food
establishment license, each owner, manager, or employee in charge
of other employees serving food on each particular shift shall have
current certification in either the eighteen-hour food manager's certification
course or the three-hour food handler's course. The certificates of
the food manager's course or the food handler's course shall be effective
for three years from the date of issuance.
B.
At least one person in each new establishment shall
have taken the eighteen-hour food manager's certification course.
After the initial course is successfully completed, recertification
may be accomplished by completing either the eighteen-hour food manager's
course or the three-hour food handler's course.
C.
Certification shall be maintained at all times. Lapse
of certification may result in a summons being issued.
D.
If proper certifications are not current, the Glen
Rock Board of Health may issue an interim retail food license until
the required next available food manager's or food handler's certification
courses have occurred. The fee for an interim retail food license
shall be the normal fee plus a special surcharge. No part of the special
surcharge shall be returned.
E.
Any nonprofit organization which routinely prepares
and serves food shall have a representative of the organization take
the three-hour food handler's certification course.
F.
Any nursery school which routinely prepares and serves
food shall have a representative of the organization take the three-hour
food handler's certification course.
G.
A retail food establishment license issued by another
jurisdiction is not transferrable to the Borough of Glen Rock.
[Amended 4-8-1991 by Ord. No. 1174; 11-10-1992 by Ord. No.
1204; 4-26-1993 by Ord. No. 1209; 7-26-2006 by Ord. No. 1532]
The fees for licenses under this chapter shall be as set forth in Chapter 101, Fees.
[Amended 4-26-1993 by Ord. No. 1209; 9-28-1997 by Ord. No.
1291; 5-14-2003 by Ord. No. 1440]
In addition to the grounds for revocation set forth in Chapter 133, Licensing, § 133-9, any license issued under this section may be suspended or revoked as follows:
B.
Any retail food establishment which receives an "unsatisfactory"
rating after inspection shall immediately cease from serving any food
or similar product until a "satisfactory" rating has been obtained.
C.
The owners or managers of any retail food establishment
which receives two consecutive "conditionally satisfactory" ratings
may be called to appear before the next meeting of the Glen Rock Board
of Health to show cause why the retail food license shall not be suspended
in accordance with Chapter 12 of the New Jersey Sanitary Code. In
addition, the owner or manager shall be required to complete the next
available eighteen-hour food manager's certification course.
[Adopted 7-26-2006 by Ord. No. 1532]
The sidewalk cafe regulations as established by this chapter are designed to permit sidewalk cafes accessory and incidental to lawfully existing dining establishments within the C-1, C-2 and C-3 Districts as established and regulated in Chapters 66, 137, 146 and 230 hereof, to be located on public property immediately adjacent to such lawfully existing dining establishments and in locations where they shall be determined to be appropriate by these regulations and all applicable related ordinances to promote and protect the public health, safety and general welfare. These general purposes shall include, among others, the following specific purposes:
A.
To ensure that adequate space will be provided for
pedestrian circulation through areas where sidewalk cafes are established
and to ensure adequate access to adjoining properties and businesses.
B.
To encourage the establishment of sidewalk cafes as
one means of developing a pleasant and distinctive shopping atmosphere.
As used in this article, the following terms
shall have the meanings indicated:
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.
The extension of the services of an existing restaurant preparing
and serving foods for consumption within an existing building to the
extent that food is permitted to be served and consumed at the tables
placed on the public sidewalk adjacent to and within the confines
of the frontage of that portion of the building in which the restaurant
is situated. A sidewalk cafe may contain readily removable tables
and chairs but shall be otherwise unenclosed by fixed walls and open
to the air except for umbrellas or other nonpermanent covers provided
such covers, do not interfere with pedestrian circulation.
Any person, firm or corporation may operate
a sidewalk cafe within the Borough of Glen Rock in any zone in which
such use is permitted on a sidewalk adjacent to an existing restaurant
operated by such person, firm or corporation upon obtaining a license
from the Borough Construction Code Official. Such license shall allow
the operation of a cafe on any day of the year and shall be renewed
annually during the month of January.
No license shall be issued hereunder unless
the licensee shall demonstrate that a minimum of 48 inches of unobstructed
paved surface will be available for pedestrian traffic around or through
such sidewalk cafe and that such sidewalk cafe shall be directly in
front of an eating establishment as hereinabove defined. No food or
drinks served or consumed at such sidewalk 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 curbline 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 or partner, or if a limited liability company,
the name, residence address and telephone numbers of all members and
the name of the managing member, if any, or if a domestic corporation,
the names, residence addresses and telephone numbers of the directors
and officers owning a ten-percent 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
article.
C.
The address and description of each place where the
applicant intends to establish or operate a sidewalk 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 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 sidewalk cafe. The perimeter of the sidewalk cafe shall be defined and set off by a portable-type enclosure, which may include live plantings. The enclosure shall define the perimeter of the area to be used as a sidewalk 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 from a height of not more than three feet. Awnings, without any form of marking or advertisement extending over the enclosure, are permitted. Sidewalk umbrellas are permitted and may also contain the name of the of the business referenced in § 116-10B above in lettering no greater than three inches in size. The scaled drawings shall also illustrate the following:
[Amended 8-26-2009 by Ord. No. 1609]
(1)
The location of any doors leading from the eating
establishment to the sidewalk 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
sidewalk cafe.
(3)
The location of the place where any food or drink
is intended to be prepared.
(4)
An illustration of the enclosure or protective barrier
separating the eating and serving area of each sidewalk cafe from
pedestrian traffic.
(5)
The location of all fire hydrants, parking meters,
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 sidewalk lighting
and fixtures.
G.
Conditions for issuance of license. Upon approval
by the Borough Construction Code Official of the application and plans
submitted by the applicant pursuant to this article the Borough Construction
Code Official shall issue a license to the applicant, provided the
applicant has furnished the following to the Borough:
(1)
An agreement signed by the applicant to repair any
damage caused to the sidewalk in the operation of the cafe at the
expense of the applicant. The Borough may require a bond to be filed
by the applicant in an amount to be determined by the Borough to secure
the repair of any damage to the sidewalk.
(2)
An agreement signed by the applicant indemnifying
and holding the Borough harmless against loss, including costs and
expenses, resulting from injury to person(s) or property as a direct
or indirect result of the operation of the cafe or for injury to person(s)
or property occurring on the premises occupied by the cafe. The applicant
shall provide a certificate of insurance as evidence of the required
policy to the Borough, and naming the Borough as a named insured,
in the amount of not less than $1,000,000.
H.
Rules, regulations and specifications. A cafe authorized
and operated pursuant to this article shall comply with all of the
following rules, regulations and specifications:
(1)
The applicant and/or operator shall fully comply with
all plans submitted and approved by the Borough Construction Code
Official under the terms of this article.
(2)
Closing shall be not later than 11:00 p.m.
(3)
The area of operation shall be kept clean and free
of litter.
(4)
Music and any other form of entertainment is prohibited.
(5)
The operator shall maintain an area for pedestrian
movement free of any obstruction a distance of five feet or greater
from the curb.
(6)
The operator shall provide that tables, chairs and
other materials do not interfere with the required open areas and
pedestrian traffic. Chairs next to the pedestrian walkway shall be
placed at a ninety-degree angle so as not to obstruct the pedestrian
walkway. Where there are obstructions, such as lightposts and mailboxes,
which would cause the pedestrian aisle to be less than four feet wide,
the Borough Construction Code Official shall have the discretion to
approve an alternate arrangement.
(7)
The operator shall comply with all the requirements
of N.J.A.C. 8:24-1 et seq., also known as Chapter XII of the New Jersey
Sanitary Code, and N.J.S.A. 24:15-1 et seq.
(8)
The operator shall not serve nor allow to be present
in a sidewalk cafe any person under the age of 18 years unless said
person shall be accompanied by a parent, guardian or relative who
has attained the age of 21 years.
(9)
The operator shall comply with all other federal,
state, county or municipal laws or regulation.
The Construction Code Official will review the
application for completeness and compliance with the terms of this
article. 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 article.
If the application complies with the article,
the Construction Code Official shall issue a license strictly subject
to the terms and conditions of this article.
The license is personal to the applicant, and
any change or transfer of ownership of the applicant shall terminate
the license and shall require a new application and a new license
in conformance with all of the requirements of this article.
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 sidewalk cafe for continued compliance
with the terms and conditions of this article and any federal, state,
County or local law, article or regulation affecting the same.
No license required by this article shall be
granted to any person to operate an sidewalk cafe until such person
shall have filed with the Construction Code Official a statement agreeing
to indemnify and hold harmless the Borough of Glen Rock, 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 sidewalk cafe for which the license is issued.
A.
No license required by this article shall be granted
to any person to operate a sidewalk 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 Glen Rock, 1 Harding Plaza, Glen
Rock, New Jersey 07452, its agents, officers, servants, representatives
and employees as additional insureds with respect to the operation
and maintenance of the sidewalk 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 effect of suspending the license of such person to operate
the sidewalk 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.
C.
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 Manager for failure of any licensee to comply with
this article or for violation of any other applicable federal, state,
County or municipal law, regulation or article. 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
a sidewalk cafe after the suspension or termination of the applicable
license.
Each licensee is responsible for keeping the
area of the sidewalk 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. Sidewalks
shall be washed and kept free of all debris. All foreign substances
shall be removed from the sidewalk surface.
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 pedestrian traffic is, in fact, impeded or made unsafe because
of the operation of the sidewalk cafe or because of any other safety
issue which the Borough determines adversely affects the Borough because
of such operation. The license may also be suspended or revoked on
five 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 Administrator,
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 sidewalk cafe purposes in order to serve alcoholic beverages therein.
No tables, chairs, benches or other equipment
used in the sidewalk cafe shall be attached, chained or in any manner
affixed to any tree, post, sign, curb or sidewalk or property of the
Borough of Glen Rock within or near the licensed area.
No sidewalk cafe shall be open for business
prior to 9:00 a.m. nor remain open for business after 11:00 p.m. All
persons occupying the sidewalk cafe shall vacate the same no later
than 11:30 p.m.
Table service is required at restaurants only.
The Borough of Glen Rock shall issue a permit
certificate upon payment in full of the appropriate annual fee and
compliance by the applicant of the prerequisites set forth in this
article. The licensee is required to display the permit certificate
prominently in the front window, facing towards the sidewalk of the
establishment. Failure to properly display the requisite permit certificate
shall result in suspension or termination of the license by order
of the Borough Administrator or Construction Code Official.
