[HISTORY: Adopted by the Borough of Rutherford
Council 8-5-1997 by Ord. No. 2806-97. 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 B-3 Zone of the Borough of Rutherford.[1]
Unless specifically defined below, words or
phrases used in this chapter shall be interpreted so as to give them
the meanings they have in common usage and to give this chapter its
most reasonable application. As used in this chapter, the following
shall have the meanings indicated:
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 or place of business where food and/or
other refreshments are served or a public plaza immediately adjacent
to any restaurant, cafe or place of business where food and/or other
refreshments are served, or where permitted on private property pursuant
to the Land Use and Zoning Ordinances. Said outdoor area shall be
considered as part of the building structure and shall be limited
in use by patrons of the eating establishment. Consumption of permitted
alcoholic beverages in an outdoor cafe by patrons shall not be considered
in violation of state regulations and/or local ordinances prohibiting
the consumption of such beverages in open containers.
[1]A temporary concrete barrier curb extension provided by the
applicant in a permitted area, directly in front of a restaurant or,
in the event of a corner restaurant, directly adjacent to the side
of a restaurant, approved by the Building Department and the Police
Department as to safety, and designed to increase opportunities for
outdoor dining. Parklets may extend beyond the area directly in front
of a restaurant in the permitted area, provided there is written authorization
from the owner and tenant of the adjoining property in front of which
this extension is requested.
[Added 4-26-2021 by Ord. No. 3553-21]
The area directly in front of a restaurant or, in the event
of a corner restaurant, directly adjacent to the side of a restaurant,
on Park Avenue between the southerly side of Ames Avenue to the northerly
side of West Pierrepont Avenue, on Franklin Avenue, and Santiago Avenue
as it relates to any corner restaurant on the corner of Santiago Avenue
and Union Avenue.
[Added 4-26-2021 by Ord. No. 3553-21]
That area of the Williams Plaza located within the former
right-of-way of Sylvan Street.
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, but excluding that portion of the public right-of-way
occupied by shade trees, fire hydrants, parking meters and utility
poles.
It shall be unlawful for any person, firm, partnership,
corporation, association or organization (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 or public plazas of the Borough of Rutherford,
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 four 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 or behind 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 curbline immediately in front thereof.
[Amended 5-19-1998 by Ord. No. 2839-98]
A.
Application for the license required hereunder shall
be made to the Construction Code Official and be signed by the applicant.
The application shall be in such form and shall contain the following
information:
(1)
The full name, residence address and telephone number
of each individual, owner or 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.
(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 of each place where the applicant intends
to establish or operate an outdoor cafe.
(4)
The full 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 drawings
clearly illustrating the number and location of all tables, chairs
and umbrellas intended to be located in the outdoor cafe. The drawings
shall also illustrate the following:
(6)
If the applicant for a café license is also requesting a parklet
or just a parklet, the applicant must submit plans showing the dimensions
of the concrete barrier curb extensions and the layout of the tables
within the parklet, and such other plans and specifications for said
parklet as may be requested for review by the Police Department and
the Building Department.
[Added 4-26-2021 by Ord. No. 3553-21]
B.
The application form, together with an application
fee of $100, shall be filed with the Borough of Rutherford Construction
Code Official.
C.
Any applicant receiving a license for a parklet shall pay to the
Borough, on the first of each month, the sum of $300 per month, or
any part thereof, for each parking space at which a parking meter
exists, that is being occupied by the parklet, in order to compensate
the Borough for the estimated loss of meter revenue. Failure to pay
will result in revocation of license.
[Added 4-26-2021 by Ord. No. 3553-21; amended 3-28-2022 by Ord. No. 3604-22]
D.
In order
to defray the labor and other costs to the Borough, when parklet barriers
are to be stored by the Rutherford Department of Public Works, the
applicant shall pay, at the time of application for the parklet, the
sum of $400 for each reserved parking space.
[Added 4-17-2023 by Ord. No. 3644-23]
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 new license in
conformance with all of the requirements of the 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 regulations 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 Rutherford, its agent,
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. Said
indemnification agreement shall be in a form acceptable to the Borough
Attorney.
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 overages set forth below in the amounts specified. Such insurance
policy shall name the Borough of Rutherford, 176 Park Avenue, Rutherford,
New Jersey, 07070, 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:
|
Type
|
Amount
| |
|---|---|---|
|
Bodily injury:
| ||
|
Each person
|
$ 500,000
| |
|
Each accident
|
$ 1,000,000
| |
|
Property:
| ||
|
Each person
|
$ 500,000
| |
|
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 an endorsement for 30 days' notice of cancellation or
nonrenewal stating that the borough and licensee shall receive, in
writing, 30 days, notice of cancellation or nonrenewal by certified
mail, return receipt requested. The borough shall be named as an additional
insured under the liability portion of the insurance coverage. 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 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 cancelled, 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.
A.
Any license issued hereunder is issued solely as a
revocable license, which shall be subject to revocation or suspension
by the Mayor and Council 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 considered a violation of this chapter
for any person to operate an outdoor cafe after the suspension or
termination of the applicable license.
B.
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 five 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 five 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 any emergency,
which emergency is certified by the Borough Administrator, the license
may be suspended or revoked without notice.
A.
Each licensee is responsible for keeping the area
of the outdoor cafe and the adjacent walks, plazas and streets free
and clear of any debris or litter occasioned by the cafe. Areas must
be cleaned as needed at the time the business is closed and at the
beginning of each business day, but not later than 9:00 a.m.
B.
No vending machines of any kind are permitted on the
exterior of any building operating an outdoor cafe.
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.
[Amended 5-19-1998 by Ord. No. 2839-98]
A.
No tables, chairs or other equipment 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 Rutherford
within or near the licensed area.
B.
Any umbrellas or awnings used in connection with an
outdoor cafe shall provide a minimum clearance of seven feet from
its lowest point to the sidewalk grade.
C.
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.
D.
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.
E.
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.
Any person who shall violate any of the provisions
of this chapter shall, upon conviction, be punished by a fine not
to exceed $500 or by imprisonment in the county jail for a period
not to exceed 30 days, or by both such fine and imprisonment; and
each violation of any of the provisions of this chapter and each day
there is a violation thereof shall be deemed and taken to be a separate
and distinct offense.
