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 Haledon, 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 three feet of unobstructed paved surface will be available
for pedestrian traffic around or through 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 presented 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.
A.
The application shall contain the following information:
(1)
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.
(2)
A copy of the trade, corporate, business or fictitious
name upon which the applicant intends to do business pursuant to this chapter.
(3)
The address and description of each place where the applicant
intends to establish or operate an outdoor cafe.
(4)
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.
(5)
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 outdoor cafe. The perimeter of the outdoor 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 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
from a height of not more than three feet. Permitted awnings or outdoor umbrellas
extending over the enclosure are to allow a person of normal height safe and
unobstructed passage thereunder.
B.
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 the location of unobstructed space
permitting free passage of pedestrian traffic around or through each outdoor
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 outdoor 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 outdoor lighting
and fixtures.
(7)
An application fee of $150 as set forth in the Code of
the Borough of Haledon.
[Amended 5-19-2004 by Ord. No. 4-21-2004B]
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 completed application. 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 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 Haledon, 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 damage
and/or personal injury to 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 issued 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 set forth below
in the amounts specified. Such insurance policy shall name the Borough of
Haledon, 407 Belmont Avenue, Haledon, New Jersey 07508, 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 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 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.
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 outdoor
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 10 days' written notice in the event 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, to
which emergency is certified by the Borough Clerk, the license may be suspended
or revoked without notice.
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 calendar year. Renewal applications shall include the application fee, as set forth in § 256-5B(7), if no changes are proposed. If changes are proposed, the applicant shall submit the application anew. Renewal applications are to filed within three months of the expiration of the licensure period.
