[HISTORY: Adopted by the Mayor and Council of the City of Woodbury 2-22-2000 by Ord. No. 1890-00; amended in its entirety 12-14-2009 by Ord. No. 2110-09. Subsequent amendments noted where applicable.]
Alcoholic beverages — See Ch. 55.
Uniform construction codes — See Ch. 73.
Noise — See Ch. 128.
Peddling and soliciting — See Ch. 141.
Streets and sidewalks — See Ch. 167.
Zoning — See Ch. 202.
Editor's Note: This ordinance also superseded former Ch. 168, Sidewalk Cafes, adopted 8-24-1999 by Ord. No. 1880-99.
The purpose of this chapter is to provide for the allowance and licensing of sidewalk cafes. This chapter is intended to advance the public purposes of stimulating economic activity and providing amenities in the City of Woodbury. The City has determined that sidewalk cafes will promote the public interest by adding to the active and attractive pedestrian-focused commercial activities on a day, night and seasonal basis, which activities are aesthetically pleasing and will add to the excitement, charm, vitality and diversity of the Central Business District.
Definitions. For the purpose of this section, the following words shall have the meaning respectively ascribed in this section:
- That area of the public right-of-way reserved for pedestrian traffic from the curb to the front line of the building housing the eating establishments.
- SIDEWALK CAFE
- 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 this chapter.
It shall be unlawful for any person, firm, partnership, corporation, association or organization or any kind (hereinafter collectively referred to as "person") to create, establish, operate, maintain or otherwise be engaged in the business of conducting a sidewalk cafe upon the sidewalks of the City of Woodbury, or on private property, unless such person shall hold a currently valid license issued pursuant to the terms of this section. Prior to operating a sidewalk cafe, a sidewalk cafe license must be obtained in accordance with this section and is not transferable.
Eligible applicant. Only persons or establishments that fall within the definition in § 168-1 may apply for sidewalk cafe licenses.
General location. No license shall be issued hereunder unless the applicant shall demonstrate that a minimum of four feet from the curb edge will be available for pedestrian traffic around such outdoor cafe and that such outdoor cafe will be directly in front of an eating establishment as hereinafter 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. An application, sworn to by the applicant, for a sidewalk café shall be filed annually with the City Clerk. The applicant will supply such information as may be reasonably required to the Zoning Officer to evaluate the application. The owner of the real property must provide consent to the application. The application shall contain the following information:
The name, residence, address and telephone number of each individual, owner, partner or, if a domestic corporation, the names, residences, addresses and telephone numbers of the directors and officers owning an interest of 10% or greater 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.
A copy of the trade, corporate, business or fictitious name upon which the applicant intends to do business pursuant to this section.
The address and description of each place where the applicant intends to establish or operate a sidewalk cafe.
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.
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 sidewalk 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 sidewalk cafe shall be defined and set off by a portable-type enclosure which may include live potted plantings on City property. 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 be a fence and shall not contain doors or windows nor air-conditioning or heating equipment and shall be open at all times to the air, and the enclosure 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:
The location of any doors leading from the eating establishment to the sidewalk cafe. No such doors may be obstructed in any manner.
The number of feet and location of unobstructed space permitting free passage of pedestrian, handicapped and wheelchair traffic around each sidewalk cafe. A minimum of five feet or half the width of the sidewalk, whichever is greater, shall remain unobstructed.
The location of the place where any food or drink is intended to be prepared.
The enclosure or protective barrier separating the eating and serving area of each sidewalk cafe from pedestrian traffic, which shall be indicated by a plan, elevation and section.
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.
The type and location of any proposed outdoor lighting and fixtures and 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
An application fee as set forth in the Code of the City of Woodbury.
Zoning Officer review of application. The completed application shall be forward by the City Clerk to the Zoning Officer. The Zoning Officer will act as the deciding authority for sidewalk cafe licenses. The Zoning Officer will review the application for completeness and compliance with the terms of this section. If the application is complete, the Zoning Officer will act upon the same within 14 business days after the application becomes complete. If the application is not complete, the Zoning Officer will so notify the applicant within 14 business days of the submission and specifically detail the areas in which the application lacks compliance with the requirements of this section.
Historic review. If within a defined historic district, the Zoning Officer shall forward the application to the Historic Preservation Commission for input and consultation. Upon receipt of the application, the Commission shall have 10 business days to submit written comments back to the Zoning Officer.
No outdoor sidewalk cafe license shall be issued unless the licensee shall have first filed with the City Clerk a certificate of insurance or certificate of coverage, issued by a company duly authorized to transact business under the laws of the State of New Jersey, providing for the payment of not less than $250,000 to satisfy all claims for damage by reason of bodily injuries to or the death of any person as a direct or indirect result of the operation of the sidewalk cafe or for injury to any person occurring on the premises by such cafe. This may be provided under the primary policy, rider or separate policy.
The insurance policy shall provide that the insurance company shall notify the City of Woodbury prior to the cancellation of or substantial change in coverage.
No outdoor sidewalk cafe license shall be issued unless the licensee shall have first executed and filed with the City Clerk an indemnification agreement pursuant to which the licensee, in further consideration of the issuance of the license, shall agree to forever defend, protect, indemnify and save harmless the City of Woodbury, its officers, agents and employees from and against any and all claims, causes of action, injuries, losses, damages, expenses, fees and costs arising out of or which may arise out of the licensee's operation of such sidewalk cafe.
All outdoor sidewalk cafe licenses shall be issued for the calendar year for an annual fee of $25. All licenses shall terminate December 31, and licenses may be renewed annually by the filing of a renewal application in accordance with the provisions of this chapter. License renewal applications shall be reviewed by the City officials in the same manner as new applications. Renewal applications with no changes shall have a reduced fee of $5.
The cafe shall be operated and maintained in accordance with the layout plan as finally approved by the City Zoning Officer. The operation, as well as the furniture, apparatus, decoration or appurtenance used in connection with the operation, of the outdoor sidewalk cafe shall be located in such a way as to not impede the safe and speedy ingress and egress to or from any building or structure or impede the orderly and safe passage of traffic on public property, taking into consideration distances from curbs, other obstructions and improvements presently existing, handicap considerations that are ADA acceptable, like sidewalk width and materials, and infant strollers, etc.
Effect on the Zoning Ordinance. The expansion of establishments into a sidewalk cafe operation shall not be considered an expansion of such use requiring additional parking or site plan review. A sidewalk cafe shall not be considered a drive-in or walk-up restaurant, and any proposed pass-through windows must be approved by the Zoning Officer, and in no event to be utilized by patrons, the use of which is limited to the establishment's employees only.
The sidewalk area utilized for the cafe shall be kept clean and free of litter. The holder of the license shall be primarily responsible for the maintenance of the area. Each licensee is also responsible for keeping the adjacent sidewalks and streets free and clear of debris or litter occasioned by the outdoor 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.
Noise generated by a sidewalk cafe shall not be any greater than the level of ambient noise at that location. The use of outdoor speakers is prohibited.
The hours of operation for sidewalk cafes cannot exceed the hours of the primary establishment and in no event later than 10:30 p.m.
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 State Sanitary Code") and N.J.S.A. 24:15-1 et seq. The operator shall also comply with any applicable requirements of the Uniform Construction Code of the State of New Jersey, including any requirement for restroom facilities for patrons, as determined by the Construction Official. The operator shall comply with all existing and future City ordinances, City, state and agency regulations and laws concerning the serving and consumption of alcoholic beverages.
The license is personal to the applicant, and any change or transfer of ownership of the sidewalk cafe shall terminate the license and shall require a new application and a new license in conformance with all of the requirements of this section.
Acceptance of the license by the applicant shall operate as a consent to the health, fire, police and building officials of the City to inspect the sidewalk cafe for continued compliance with the terms and conditions of this section and any federal, state, county or local law, ordinance or regulation affecting the same.
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 sidewalk cafe except easel and awning signs. There shall be no logos or advertising upon any umbrellas without prior approval of the Zoning Officer.
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 City of Woodbury within or near the licensed area. 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. 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.
Any license may be suspended or revoked for good cause by City Council, including but not limited to a misrepresentation of the information supplied in the application or a violation of this chapter. Renewal may be denied for noncompliance or violation of this chapter or applicable code or state law. It shall be unlawful for any person to operate an outdoor cafe after the suspension or termination of the applicable license.
The City Clerk shall be responsible for the preparation and issuance of licenses and the collection of fees. This chapter shall be enforced primarily by the Zoning Officer, with authority also resting with the Woodbury Police Department and the Construction Official in the absence of the Zoning Officer.
Applicants may appeal a decision of the Zoning Officer in regard to sidewalk cafe licenses to the Planning Board within 20 days of the decision. All appeals shall be made to the Planning Board who will review the application and the appeal and will hold a hearing on the matter. The Planning Board shall render its decision within 45 days of the filing of the appeal.
The regulations presented by this chapter shall take precedence in any conflict between the provisions of this chapter and other ordinances of the City of Woodbury, including Chapters 141, Peddling and Soliciting, and 167, Streets and Sidewalks. However, this chapter shall not amend, supersede, change, revoke or alter any state, agency or authority law, regulation or statute.
Any violations of the provisions of this chapter shall be punishable by a fine not to exceed $1,000 as determined by the Municipal Court. Each day the violation shall continue after a notice and a reasonable opportunity to correct or remedy the violation shall constitute a separate violation.
Each section of this chapter is an independent section, and the holding of any section or part thereof to be unconstitutional or ineffective by any cause shall not be deemed to affect the validity or constitutionality of any other section or part thereof.