No outdoor sidewalk cafe license shall be issued
unless the licensee shall have first executed and filed with the Municipal
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 Township
of Bloomfield, 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 outdoor sidewalk cafe.
[Amended 6-19-2006 by Ord. No. 06-25; 4-1-2013 by Ord. No.
13-15]
The fee for an outdoor sidewalk cafe license
shall be $200 per season for more than two tables and $50 for one
or two tables.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
All outdoor sidewalk cafe licenses shall be
issued for the eight-month period commencing April 1 and ending November
30 of the particular year. Licenses may be renewed annually by the
filing of an application in accordance with the provisions of this
chapter.
An outdoor sidewalk cafe authorized and operating
pursuant to this chapter shall comply with all of the following rules
and regulations and such others as may be adopted from time to time
by resolution of the Township Council of the Township of Bloomfield:
A. The cafe shall be operated and maintained in accordance
with the layout plan as finally approved.
B. No 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 impede the safe and speedy ingress
and egress to or from any building or structure.
C. No furniture, apparatus, decoration or appurtenance
used in connection with the operation of the outdoor sidewalk cafe
shall be located in such a way that less than four feet of paved sidewalk
remains for the exclusive use of pedestrians (the "required pedestrian
passageway"), nor shall any such furniture, apparatus, decoration
or appurtenance project or protrude into, on or above the required
pedestrian passageway.
D. Service in the outdoor sidewalk cafe shall be provided
by persons engaged or employed for that purpose and shall be furnished
to seated patrons only.
E. The sidewalk area utilized for the cafe shall be kept
clean and free of litter. Trash receptacles shall be provided as required
and approved from time to time by the Township.
F. Noise shall be kept at such a level as to comply in
all respects with the provisions of the Code of the Township of Bloomfield.
G. Outdoor sidewalk cafes shall be permitted to operate
only within the permitted zones and only from 7:00 a.m. until 11:00
p.m. during the months of April to November, inclusive.
[Amended 6-19-2006 by Ord. No. 06-25;
at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
H. Within 30 minutes after the closing of the outdoor
sidewalk cafe, the operator shall have all furniture, apparatus, decoration
and appurtenances and any other items used in connection with the
operation of such outdoor sidewalk cafe removed from the sidewalk.
All such materials shall be stored in a safe and secure interior location.
I. 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.
J. The outdoor sidewalk cafe shall be actually operated
and maintained by the same person who operates and maintains the related
restaurant of which the cafe is a part and an extension.
K. The operator shall comply with all other ordinances
of the Township of Bloomfield.
[Amended 6-19-2006 by Ord. No. 06-26]
A. The sidewalk area upon which a outdoor sidewalk cafe
has been authorized to operate pursuant to this chapter shall constitute
premises duly licensed for the sale and consumption of alcoholic beverages;
provided, however, that the related restaurant of which the cafe is
a part and of which it is an extension is so licensed; and provided
further, however, that specific approval has been obtained from the
Township of Bloomfield for the extension of the alcoholic beverage
consumption license to the sidewalk area. Such approval shall be separate
from, and must be obtained in addition to, the license to operate
an outdoor sidewalk cafe pursuant to this chapter.
B. Patrons of an outdoor sidewalk cafe that does not
have a liquor license to sell alcoholic beverages on the sidewalk
area upon which the outdoor sidewalk cafe has been authorized to operate
pursuant to this chapter may consume alcoholic beverages provided
by such patron (BYOB).
[Amended 5-5-2008 by Ord. No. 08-18]
Any person convicted of a violation of any of the provisions of this chapter shall be subject to the penalties provided in §
1-15 of this Code. Each violation of a section or subsection of this chapter, and each day that a violation continued, shall constitute a separate offense.