[HISTORY: Adopted by the Mayor and Council of the Borough
of Ho-Ho-Kus 3-24-1998 by Ord. No. 797. 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 General Business Zone of the Borough of Ho-Ho-Kus.
For the purpose of this chapter, the following words shall have
the meanings respectively ascribed in this section:
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.
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.
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 Ho-Ho-Kus unless such person
shall hold a currently valid license issued pursuant to the terms
of this chapter.
[Amended 6-25-2013 by Ord. No. 1023]
Application for the license required hereunder shall be made
to the Zoning Officer 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 numbers of the directors and officers owning
a ten-percent 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.
A sketch of the proposed cafe which will reasonably identify all
tables, chairs, umbrellas, furnishings and fixtures intended to be
located at the cafe site. The sketch will also provide the following
information:
(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. There shall be a minimum of five feet of unobstructed paved
surface of the sidewalk available for pedestrian traffic.
(3)
The location of the place where any food or drink is intended to
be prepared.
(4)
The location of all fire hydrants, parking meters, utility poles,
benches, handicap ramps or any other fixtures permanently located
on the sidewalk in front of the eating establishment or within 10
feet thereof on either or any side.
F.
An application fee of $100.
[Amended 6-25-2013 by Ord. No. 1023]
The Zoning Officer will review the application for completeness
and compliance with the terms of this chapter. If the application
is complete, the Zoning Officer 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 Zoning Officer 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 6-25-2013 by Ord. No. 1023]
If the application complies with this chapter, the Zoning Officer
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 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 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.
[Amended 6-25-2013 by Ord. No. 1023]
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 Zoning Officer a statement agreeing to indemnify and hold
harmless the Borough of Ho-Ho-Kus, its agents, 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.
[Amended 6-25-2013 by Ord. No. 1023]
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 Zoning Officer 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 Ho-Ho-Kus, 333 Warren Avenue, Ho-Ho-Kus, New Jersey,
its agents, servants, officers, representatives and employees as additional
insureds 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 Zoning Officer 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 Zoning Officer and a letter in writing confirming
the new effective date of the license is issued by the Zoning Officer.
Any license issued hereunder is issued solely as a revocable
license which shall be subject to suspension or revocation by the
Borough Administrator 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. Such revocation or suspension
by the Borough Administrator shall be upon written notice personally
delivered to the licensee, which notice shall set forth the grounds
for such revocation or suspension. If the licensee wishes to contest
or appeal such suspension or revocation, the licensee shall file a
written notice of appeal setting forth the grounds for the appeal,
which appeal shall be filed with the Borough Clerk no later than 10
days prior to the public meeting of the Mayor and Council at which
the matter will be heard and considered. At the public hearing before
the Mayor and Council, the Borough Administrator will present evidence
supporting the grounds for suspension or revocation of the license.
The licensee will then be permitted to present evidence and witnesses
in support of its case. At the hearing, the licensee may be represented
by an attorney. At the conclusion of the hearing, or as soon thereafter
as is reasonable, the Mayor and Council may determine whether or not
the suspension or revocation imposed was appropriate, whether or not
such suspension should be continued or whether or not sufficient grounds
exist to permanently revoke the license. The operation of an outdoor
cafe after any suspension or revocation of the license is unlawful,
and every day that such violation continues shall constitute a separate
and distinct defense.
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 signs shall be permitted in the area of the outdoor cafe except those signs authorized under Chapter 85, Zoning, of the Code of the Borough of Ho-Ho-Kus. Outdoor umbrellas located in the outdoor cafe shall be exempt from the Sign Ordinance of the Borough of Ho-Ho-Kus.
If the applicant is the holder of an alcoholic beverage control
license pursuant to the laws of the State of New Jersey, it shall
be the applicant's responsibility to cause the alcohol beverage
control license to be amended to include the premises utilized for
outdoor cafe purposes in order to serve alcoholic beverages therein.
No outdoor cafe shall open for business prior to 8:00 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.
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. The application fee set forth herein shall be
paid annually.
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 Ho-Ho-Kus 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 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.
Table service is required.
Any person violating any provision of this chapter shall, upon
conviction, be subject to a fine not exceeding $100 for each offense
or imprisonment for a period not exceeding 90 days, or both, at the
discretion of the court imposing the sentence pursuant to N.J.S.A.
40:49-5. Each day a violation occurs or is committed shall constitute
a separate offense.
