[HISTORY: Adopted by the Mayor and Council
of the Borough of Prospect Park 9-15-2003 by Ord. No. 2003-11. Amendments noted where applicable.]
The purpose of this chapter is to establish
a procedure and adopt rules and regulations for the licensing of outdoor
cafes in the Borough of Prospect Park.
As used in this chapter, the following terms
shall have the meanings set forth below:
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 Chapter 235, Land Development. To qualify as an outdoor cafe, the eating establishment must have interior seating.
The 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.
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 Prospect Park, 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 six feet of continuous
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.
The minimum requirement for continuous unobstructed paved surface
on a walkway within a shopping plaza shall be four feet. 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 whether front or side occupied
by the eating establishment projected directly to the curbline immediately
in front thereof. The main entrance of the establishment must remain
open and unobstructed at all times.
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 number 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.
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
applicant 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. 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. Awnings or outdoor umbrellas
extending over the enclosure are permitted.
F.
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 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 annual application fee of $100 for the issuance
of a license to operate an outdoor cafe in the business districts
as set forth in this chapter. Such fee shall be applicable land use
regulations of the Borough of Prospect Park.
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.
[Amended 2-19-2008 by Ord. No. 2008-1]
If the application complies with this chapter,
the Construction Code Official shall issue a license subject to the
terms and conditions of this chapter. The Construction Code Official,
in his own discretion and judgment, with the health, safety and welfare
of the residents of Prospect Park in mind, may waive minor variations
of the requirements contained herein. In the event that an application
for an outdoor cafe is denied or approved, any interested party may
appeal the determination of the Construction Code Official to the
Planning/Land Use Board.
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 a new license
in conformance with all of 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 of Prospect Park 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 Prospect Park, its agents,
servants, representatives or employees from any or all claims, damages,
judgment costs or expenses including attorney 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 used.
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 Prospect Park, 106 Brown Avenue,
Prospect Park, 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 effect of suspending the license of such person to operate
the outdoor cafe covered thereby until a new policy complying 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 office.
Every insurance policy required hereunder shall
contain a provision for continuing liability hereunder 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 Council, or the Council's designee, 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.
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. 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.
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 outdoor cafe except signs on the awnings complying with Chapter 235, Land Development, Article XXV, Sign Regulations, of the Code of the Borough of Prospect Park. Outdoor umbrellas located in the outdoor cafe shall be exempt from Chapter 235, Land Development, Article XXV, Sign Regulations, of the Code of the Borough of Prospect Park.
In addition to the powers of suspension or revocation
as set forth above, the Borough of Prospect Park 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 operating 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 any emergency, which emergency is certified by the Borough Administrator,
the license may be suspended or revoked without notice.
Regardless of whether the applicant is the holder
of an alcoholic beverage control license pursuant to the laws of the
State of New Jersey, the sale or consumption of alcoholic beverages
shall be prohibited in the outdoor cafe, whether such area is in the
public right-of-way or on private property.
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 the calendar year in which it was issued.
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 Prospect Park 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 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 of Prospect Park 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.
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.
No outdoor cafe shall open for business prior
to 7:00 a.m. nor remain open for business after 10:00 p.m. All persons
occupying the outdoor cafe shall vacate the same no later than 10:30
p.m. In addition, all furniture and any other items or property utilized
for the outdoor cafe, including but not limited to tables, chairs
and partitions, should be dismantled and vacated from the sidewalk
daily by 11:30 p.m.
No eating establishment shall operate an outdoor
cafe unless table service is provided to the patrons utilizing the
seating in the outdoor cafe area.
Pets shall not be permitted at any time in the
outdoor cafe, unless for the purposes of assistance of a disabled
individual, i.e., Seeing Eye dog.
