[HISTORY: Adopted by the City Council of the City of Englewood as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Food establishments serving alcohol — See Ch. 94, Art. I.
Fee Schedule — See Ch. 191.
Awnings over sidewalks — See Ch. 380, Art. IV.
Temporary sidewalk obstructions — See Ch. 380, Art. X.
[Adopted 10-5-1978 by Ord. No. 2335 as §§ 10-59 to 10-61 of the 1978 Revised General Ordinances]
As used in this article, the following terms shall have the meanings indicated:
EATING ESTABLISHMENT
Includes but not be limited to, any restaurant, coffee shop, cafeteria, short-order cafe, luncheonette, tavern, sandwich stand, drugstore and soda fountain serving food, pizza parlor, and all other eating or drinking establishments, as well as kitchens or other places in which food or drink is prepared for sale elsewhere.
FOOD
Includes all articles used for food, drink, confectionery or condiment, whether simple, mixed or compounded, and all substances and ingredients used in the preparation thereof.
[Amended 9-8-2009 by Ord. No. 09-18]
A. 
All eating establishments in the City shall be closed and all customers shall be out of the premises thereof between the hours of 12:00 midnight through 4:00 a.m., Monday through Saturday, and from 1:00 a.m. through 4:00 a.m. on Sunday. All eating establishments with liquor licenses shall be exempt from these regulations.
[Amended 5-26-2015 by Ord. No. 15-06]
B. 
All eating establishments in the OI Zone shall not be subject to the restrictions in hours of operation in Subsection A and may operate 24 hours per day.
Any person who shall violate any of the provisions of this article shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[Adopted 7-10-1996 by Ord. No. 96-24]
As used in this article, the following terms shall have the meanings indicated:
OUTDOOR CAFE
Includes the area of an eating establishment where food and other refreshments are served upon the sidewalk immediately in front of the eating establishment but shall not include fast-food restaurants nor outdoor dining on private property where permitted pursuant to Chapter 250, Land Use, of the Code of the City of Englewood.
SIDEWALK
Includes 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 establishment.
The purpose of this article is to establish a procedure and rules and regulations for the licensing of outdoor cafes within the Central Business Districts and other business areas within the City of Englewood.
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 City of Englewood unless such person shall hold a currently valid license issued by the City Manager pursuant to the terms of this article.
Applications for the license required hereunder shall be made to the Construction Code Official, shall be signed by the applicant who shall certify that the information contained therein is true, and 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 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 qualifications of said nondomestic corporation to conduct business within 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 article.
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 scaled drawing shall also illustrate the following:
(1) 
The location of any doors leading from the eating establishment to the outdoor cafe, which doors shall not 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) 
The location of all fire hydrants, parking meters, utility poles, benches, handicapped ramps, street furniture, trees, newspaper boxes, mailboxes, street signs, sidewalk grates and cellar entrances, curb, and any other fixture permanently located on the sidewalk in front of the eating establishment or within 10 feet hereof on either side.
(5) 
The type and location of any proposed outdoor lighting and fixtures.
F. 
Payment of the required license fee.
A. 
No license shall be issued hereunder unless the applicant shall demonstrate that a minimum of six feet of unobstructed, paved sidewalk surface is available for pedestrian traffic around or through such outdoor cafe.
B. 
The outdoor cafe shall be confined to the area directly in front of the eating establishment, represented by an extension on each side of the eating establishment projected perpendicular to the curbline.
C. 
No license required by this article shall be granted to any person to operate an outdoor cafe until such person shall have filed with the Construction Code Official an agreement, approved as to form by the City Solicitor, agreeing to indemnify and hold harmless the City of Englewood, its agents, servants, representatives, or employees from any and all claims, damages, judgments, costs, or expenses, including reasonable 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.
D. 
No license shall be granted unless the applicant has first had any sidewalk grates and cellar entrances located upon the site for the outdoor cafe inspected and certified that they are in compliance with applicable safety regulations.
E. 
No license shall be issued unless the applicant or the property owner has fully paid all outstanding real estate property taxes and Special Improvement District fees, where applicable.
F. 
No license shall be issued to any person to operate an outdoor cafe until such person shall 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 meeting the requirements hereinafter set forth.
A. 
The Construction Code Official shall review the application for completeness and compliance of the terms of this article.
B. 
If the application is complete, the Construction Code Official will submit same, together with his recommendation, to the City Manager within 10 business days of the submission of the application or within 10 business days after the application becomes complete, whichever last occurs.
C. 
If the application is not complete, the Construction Code Official will so notify the applicant and the City Manager within 10 business days of the submission of the application, which notification shall detail the areas in which the application lacks compliance to the requirements of this article.
D. 
If the application complies with this article, the Construction Code Official shall so notify the City Manager who may then issue a license subject to the terms and conditions of this article.
A. 
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 accordance with the requirements of this article.
B. 
The license, when issued, shall be valid from April 15 through October 31 of the calendar year in which it is issued.
C. 
Any license issued hereunder is issued solely as a revocable license pursuant to which no licensee shall obtain any property right thereunder, nor any interest in the continuation of such license.
D. 
Issuance of an outdoor cafe permit shall not constitute approval to serve alcoholic beverages. If the licensee is the holder of an alcoholic beverage control license pursuant to the laws of the State of New Jersey, it shall be the licensee's responsibility to apply for and obtain the required license from the Division of Alcoholic Beverage Control to permit the sale or consumption of alcoholic beverages within the outdoor cafe.
E. 
Issuance of an outdoor cafe permit shall not constitute approval to serve food and beverages required by the Board of Health. The licensee is required to obtain all such approvals from the appropriate agency.
A. 
No food or drink served at an outdoor cafe shall be prepared or stored other than in the interior of the eating establishment.
B. 
No vending machines of any kind are permitted on the exterior of any premises within an outdoor cafe area.
C. 
No table, chair, umbrella, railing or other structure used in connection with an outdoor cafe shall be placed or encroach upon that portion of the unobstructed sidewalk area required for unobstructed pedestrian travel. Tables and chairs shall be situated so that when the tables and chairs are occupied no portion thereof encroaches upon the unobstructed portion of the sidewalk for pedestrian access.
D. 
Table service by food service providers is required for any outdoor cafe. In taking orders, serving food and placing and removing table settings, no employee shall stand in such a manner so as to encroach upon the unobstructed sidewalk area required for pedestrian traffic.
E. 
No outdoor cafe shall be open for business prior to 8:00 a.m. nor remain open for business after 11:00 p.m., Sunday through Thursday, or after 12:00 midnight on Friday and Saturday.
[Amended 5-12-2015 by Ord. No. 15-05]
F. 
The licensee shall not direct nor permit to be directed to and from the area occupied by the outdoor cafe any bell, chime, siren, whistle, loudspeaker, public address system, radio, sound amplifier or similar device.
G. 
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 Englewood.
H. 
No person shall operate an outdoor cafe following the suspension or revocation of the license.
I. 
By acceptance of the license, the licensee shall consent to the health, fire, police and building officials of the City of Englewood inspection of the outdoor cafe for continued compliance with the terms and conditions of this article, and any federal, state, county or local law, ordinance or regulation affecting same.
J. 
Each licensee is responsible for keeping the area of the outdoor cafe and the adjacent walks and street free and clear of any debris or litter. Such areas shall be cleaned as needed upon the close of business and at the beginning of each business day (but not later than 9:00 a.m.).
A. 
No sign shall be permitted in the area of the outdoor cafe except signs on the awnings, which signs shall comply with the ordinance regulating signs within the City of Englewood.[1]
[1]
Editor's Note: See Art. XV, Signs, of Ch. 250, Land Use.
B. 
Outdoor umbrellas located in the outdoor cafe area shall be exempt from the ordinance regulating signs within the City of Englewood; provided, however, that such umbrella shall not exceed six feet in diameter, shall not extend into any required unobstructed sidewalk area and shall have no portion of same located less than seven feet above grade.
A. 
The general liability insurance required hereunder shall name the City of Englewood, its agents, officers, servants, representatives and employees, as additional insureds with respect to the operation and maintenance of the outdoor cafe in the following amounts:
(1) 
Bodily injury, each person: $300,000.
(2) 
Each accident: $1,000,000.
(3) 
Property damage, each person: $300,000.
(4) 
Each accident: $1,000,000.
B. 
The insurance coverage required by this section shall at all times be maintained for the full amount.
C. 
The policy of insurance required by this section shall be filed with the Construction Code Official and shall contain a clause obligating the company issuing the same to give not less than 30 days' written notice to the City Clerk before cancellation or amendments of any kind to 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 with 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 Official.
D. 
Every insurance policy required hereunder shall contain a provision for continuing liability thereunder to the full amount thereof notwithstanding any recovery thereon, and 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 on the payment of any and all judgments up to the limits of said policy.
A. 
The City Manager may revoke or suspend any license issued hereunder for failure of any licensee to comply with the provisions hereof or for violation of any other applicable federal, state, county or local law, regulation or ordinance.
B. 
In addition to the authority to suspend or revoke the license as set forth above, the City of Englewood reserves the right to modify, suspend or revoke any license on 10 days' written notice if the City Manager determines that pedestrian traffic is impeded or made unsafe because of the operation of the outdoor cafe or because of any other safety issue which the City determines adversely affects the City because of such operation. The license may also be suspended or revoked upon 10 days' written notice, in the event the City 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 an emergency, as certified by the City Manager, the license may be suspended or revoked without prior notice until such emergency condition is abated.
A. 
The licensee agrees at the end of the licensed period, or in the event that the license is suspended or revoked, that the licensee will, at its own cost and expense, vacate the sidewalk area occupied by the outdoor cafe and promptly remove any property placed thereon.
B. 
If, upon five days' written notice from the City, the licensee shall fail to remove any such property, the City of Englewood may remove such property, and the licensee shall reimburse the City for the cost of such removal and the storage of same.
C. 
Pending such reimbursement, the cost of such removal and storage shall be a lien upon the adjoining property.
The application fee for a license for an outdoor cafe shall be as provided for in Chapter 191, Fee Schedule.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Any person who shall violate any of the provisions of this article shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.