[HISTORY: Adopted by the Bloomfield Council 4-17-1995 (Ch. 184 of
the 1987 Code). Amendments noted where applicable.]
A.
ADJACENT BUILDING
OUTDOOR SIDEWALK CAFE or CAFE
PERMITTED ZONE
PERSON
PRINCIPAL FACADE
RESTAURANT
SIDEWALK
As used in this chapter, the following terms shall
have the meanings indicated:
The building whose principal facade fronts on the sidewalk
where the outdoor sidewalk cafe is or is proposed to be located.
A restaurant (as defined herein) serving food to be consumed
by the public at tables located within that more or less rectangular
portion of the sidewalk which lies within the area bounded by the
public street, the principal facade of the adjacent building and the
imaginary perpendicular lines running from the outer edge of such
principal facade to the public street.
The CBD (Central Business) Zone; B-2 (Neighborhood Business) Zone, CC (Community Commercial) Zone and the CORD (Commuter-Oriented Residential District) Zone, all as defined in Chapter 315, Art. V, of the Code of the Township of Bloomfield, entitled "Zoning," and all as shown on the Zoning Map of the Township of Bloomfield.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any individual, partnership, corporation, association or
other entity.
That portion of the facade of a building which fronts on
a public street.
An establishment actually located within the adjacent building, the primary activity of which is the preparation and serving of food for consumption by the public on its premises, whether free or for cost, and where the food to be consumed is served to seated patrons by waiters or waitresses employed for that purpose on utensils of a permanent and durable material designed and capable of being reused; and shall include, by way of example, a restaurant, hotel, coffee shop, tearoom, dining room, cafeteria, luncheonette, soda fountain, sandwich shop and the like (other than a "fast-food establishment," as defined in § 315-6 of the Code of the Township of Bloomfield).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The paved surface provided for the exclusive use of pedestrians
and situated between and extending from any building to the curb of
any street (excluding therefrom any unpaved area).
B.
Application; layout plan.
(1)
The applicant shall file an application describing
the layout plan and file the application in the Municipal Clerk's
office. The layout plan is to include:
(a)
A description of the proposed design and location
of the outdoor sidewalk cafe and all temporary structures, equipment
and apparatus to be used in connection with its operation, including
tables, chairs, planters, awnings, lighting and electrical outlets
(if any).
(b)
A statement of seating capacity of the proposed
outdoor sidewalk cafe and of the existing restaurant actually operated
by the applicant in the adjacent building.
(c)
A diagram demonstrating that pedestrian traffic along the sidewalk upon which the outdoor sidewalk cafe is proposed to be located will in no way be impeded, and that the provisions of § 466-8 shall be satisfied.
(d)
A description of the proposed location of the
outdoor sidewalk cafe showing the actual dimensions of the area to
be utilized and the building, street and sidewalk upon which it fronts
and on which it is to be located, including the area of frontage and
distance from the facade to the curb.
(2)
The layout plan shall be referred to the Construction
Official, or other appropriate official designated by the Mayor and
Township Council from time to time to review such plans, who shall
thereupon recommend approval, disapproval or modification of the layout
plan within 10 business days following its submission to the Township.
The Municipal Clerk shall also refer the layout plan to the Chief
of Police, the Fire Chief, the Health Officer, the Municipal Engineer
and the Community Development Department for their review and recommendations
for approval by the Mayor and Township Council of the Township of
Bloomfield.
[Amended 12-6-1999]
A.
No outdoor sidewalk cafe license shall be issued unless
the licensee shall have first filed with the Municipal Clerk a certificate
of insurance, 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 $500,000 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 outdoor sidewalk cafe or for injury
to any person occurring on the premises occupied by such cafe, and
further providing for the payment of not less than $10,000 to satisfy
all claims for property damage occurring as a direct or indirect result
of the operation of such cafe.
B.
The insurance policy shall provide that the insurance
company shall notify the Township of Bloomfield 10 days prior to cancellation
or substantial change in coverage.
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.
A.
No outdoor sidewalk cafe license shall be issued unless
the licensee shall have first executed and filed with the Municipal
Clerk a maintenance agreement pursuant to which the licensee shall
agree, at the option of the Township, to either repair at its sole
cost and expense any damage caused to the sidewalk by the operation
of the cafe or to reimburse the Township in full for all costs and
expenses incurred by it in making any such repairs.
B.
The Municipal Clerk may require a bond to be filed
by the licensee in an amount to be fixed by the Township.
[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).
A.
Upon a determination by an officer or employee of
the Township of Bloomfield charged with the responsibility for enforcing
the provisions of this chapter that a licensee has violated one or
more of such provisions, such officer or employee shall give written
notice to the licensee to correct such violation within 24 hours of
the receipt of such notice by the licensee. In the event that the
licensee fails or refuses to correct such violation within such period,
the licensee's outdoor sidewalk cafe license shall thereupon and automatically
be revoked.
B.
Upon the revocation of such license, the licensee,
upon written request, shall be entitled to a hearing before the Township
Council of the Township of Bloomfield within 14 days of the date of
its request.
[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.