[HISTORY: Adopted by the Borough Council
of the Borough of Hillsdale 9-13-1994 by Ord. No. 94-12. 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 Commercial Zone of the Borough of
Hillsdale.
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 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 which has received approval
for on-site consumption of food and complies with all applicable codes.
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.
[Amended 6-4-2012 by Ord. No. 12-11]
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 Hillsdale without a Hillsdale
Borough license.
No license shall be issued hereunder unless
the licensee shall demonstrate that a minimum of five feet of contiguous
unobstructed paved surface will be available for pedestrian traffic
around or through such outdoor cafe and that such outdoor cafe will
be directly in front of or contiguous to an eating establishment as
hereinabove defined. The front unobstructed paved surface shall be
established between the table and the curb. 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 curbline immediately in front thereof. Any table used
for sidewalk dining may not result in an increase in the total number
of tables allowed in a restaurant cafe, cafeteria or place of business
approved for on-site consumption of food.
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
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
occupant 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 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, and where
the corresponding indoor tables will be removed. Umbrellas extending
over the dining area are permitted. 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)
All trees and the location of unobstructed space permitting
free passage of pedestrian traffic around or through each outdoor
cafe.
(3)
The location where any food or drink is intended to
be prepared.
(4)
The location of all fire hydrants, parking meters,
utility poles, benches, handicap ramps, street furniture, trees, cellar
doors 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.
(5)
The type and location of any proposed outdoor lighting
fixtures.
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 the 10 business days
of the submissions 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 to 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 Hillsdale, 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 then 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 or 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 Hillsdale, 380 Hillsdale Avenue,
Hillsdale, New Jersey 07642, 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:
|
Bodily injury
| |||
|
Each person
|
$300,000.
| ||
|
Each accident
|
$1,000,000.
| ||
|
Property damage
| |||
|
Each person
|
$300,000.
| ||
|
Each accident
|
$1,000,000.
| ||
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 thirty (30) days' written notice to the Borough
Clerk before cancellation for amendments of any of the terms thereof.
Notice of cancellation shall not relieve the company issuing such
policy of liability 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.
C.
Every insurance policy required hereunder shall contain
a provision for continuing liability thereunder to the full amount
thereof, notwithstanding any recovery therein, 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 such premium or of any act of 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 for failure of any licensees 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 licensees obtains
no property right thereunder, nor any interest in the continuation
of said license. Upon the first violation, the eating establishment
shall receive a written warning. Upon the second violation, the license
shall be revoked for the remainder of the license year.
It shall be unlawful for any person to operate
an outdoor cafe after the suspension or termination of the applicable
license.
[Amended 6-4-2012 by Ord. No. 12-11]
A.
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. Tables must be bussed and reset immediately upon departure
of the patron. 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.
B.
All garbage
generated and left within 20 feet of an outdoor cafe or mobile retail
establishment must be removed from the sidewalk and adjoining gutter
daily.
C.
Sidewalks
shall be steam cleaned whenever necessary, and at a minimum frequency
of once every three months, with a cleaning agent and disinfectant.
D.
Garbage
and recycling must be removed from the sidewalk prior to opening the
outdoor cafe or mobile retail establishment daily and must be kept
clear from the sidewalk while food is present outside the establishment.
Borough garbage cans must be emptied by the licensee on days that
the Borough garbage cans are not picked up or at any time conditions
require them to be emptied.
No vending machines of any kind are permitted
on the exterior of any building operating an outdoor cafe.
No additional signs shall be permitted in the
area of the outdoor cafe other than those permitted by ordinance.
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 ten (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 ten (10) days' written notice, in the event the Borough determines
that it is necessary to utilize the area or any part hereof 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 alcoholic
beverage control license to be amended to include the premises utilized
for outdoor cafe purposes in order to serve alcoholic beverages therein.
Alcohol is only to be served in conjunction with food service.
Outdoor cafes shall be permitted to operate
from April 1 or October 31 in any calendar year. The license, when
issued, shall be valid for one (1) season.
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 Hillsdale 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 or her own cost
and expense vacate the sidewalk space and promptly remove any property
placed thereon. Failure to do so on five (5) days' written notice
shall grant to the Borough the right to remove any property on the
sidewalk and the licensees agree to reimburse the Borough for the
cost of removing and storing the same.
The licensees 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 remain open for business
prior to 7:00 a.m. nor serve customers after 10:00 p.m. All persons
occupying the outdoor cafe shall vacate the same no later than 10:30
p.m.
[Added 5-13-1997 by Ord. No. 97-8]
Any person, firm or corporation who shall violate any of the provisions of this chapter shall be punishable as provided in Chapter 226, Penalties.
