Any person, firm, corporation or organization may operate the business of an outdoor cafe, as hereinafter defined, in the B-1 central business district, commercial district, and any licensed eating establishment where food and other refreshments are served within any other zone district may operate the business of an outdoor cafe; provided, however, that such use and operation in the various zone districts shall be in accordance with the terms and conditions hereinafter set forth. An "outdoor cafe" shall mean and include any licensed eating establishment where food and alcoholic beverages are served.
[HISTORY: Adopted by the City Council of the City of Garfield as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-22-2008 by Ord. No. 2529[1]]
[1]
Editor's Note: This ordinance superseded former Art. I, Outdoor Cafes, adopted 6-24-2008 by Ord. No. 2527.
[Amended 3-25-2025 by Ord. No. 3062]
A.
Any person, firm, corporation or organization (hereinafter referred to as the "applicant") shall first apply for and obtain from the Zoning Officer of the City of Garfield a site plan waiver for such use. In connection with the site plan waiver application, the applicant shall submit to the Zoning Officer of the City of Garfield for approval a layout plan, which shall include the following information:
(1)
A description of the proposed design and location of the outdoor cafe and all temporary structures, equipment, furniture, and apparatus to be used in connection with its operation, including tables, chairs, planters, awnings, umbrellas, lighting and electrical outlets, if any. All areas to be utilized as an outdoor cafe shall be within the property owned or operated by the licensee.
(2)
A statement of seating capacity of the proposed outdoor cafe and the existing eating establishment actually operated by the applicant in the adjacent building.
(3)
A diagram demonstrating that the pedestrian traffic along the proposed outdoor cafe will not be impeded.
(4)
A description of the proposed location of the outdoor 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.
B.
The Zoning Officer of the City of Garfield shall approve, disapprove or require such modifications to the layout plan as it deems necessary so that such plan conforms with the terms and conditions of this section. The Zoning Officer of the City of Garfield shall also refer the layout plan to the City's Fire Official, Health Officer, Engineer or any other appropriate municipal agency or department for any clarification of any issue regarding the layout plan in relation to public safety or health issues for their review and recommendations to the Zoning Officer of the City of Garfield.
C.
An applicant may appeal the decision of the Zoning Officer to the Mayor and Council. The appeal must be filed with the City Clerk within 15 days of the Zoning Officer's decision.
A.
Insurance required.
(1)
No outdoor cafe license shall be issued unless the applicant shall have first filed with the City 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 $1,000,000 to satisfy all claims for damages by reason of bodily injuries to or the death of any person as a direct or indirect result of the operation of the outdoor cafe, and further providing for the payment of not less than $50,000 to satisfy all claims for property damage occurring as a direct or indirect result of the operation of such cafe.
(2)
The insurance policy shall name the City of Garfield as an additional insured and shall provide that the insurance company shall notify the City of Garfield 10 days prior to the cancellation of coverage or the substantial change in coverage.
B.
Indemnification agreement required. No outdoor cafe license shall be issued unless the applicant shall have first executed and filed with the Municipal Clerk an indemnification agreement pursuant to which the applicant, in further consideration of the issuance of the license, shall agree to forever defend, protect, indemnify and save harmless the City of Garfield, its officers, agents, and employees from and against all claims, causes of action, injuries, losses, damages, expenses, fees and costs arising out of or which may arise out of the applicant's operation of such outdoor cafe.
[Amended 3-25-2025 by Ord. No. 3062]
The fee for an outdoor cafe shall be in the range of $500 to $2,000 per season, and there shall be no proration of the fee for any shorter period for which the license is obtained. The current fee is $500 per season. The fee can be adjusted by resolution of the Mayor and Council within the range set out herein.
[Amended 3-25-2025 by Ord. No. 3062]
All outdoor cafe licenses shall be issued for the period commencing March 1 at 12:01 a.m. and ending November 1 at 12:01 a.m. of that particular year. Licenses may be renewed annually by the filing of an application in accordance with this section. Renewal applications may be submitted to the Health Department provided there are no changes from the application previously approved directly by the Zoning Officer or the Mayor and Council.
An outdoor cafe, authorized and operating pursuant to this section, shall comply with all of the following rules and regulations and such others as may be adopted from time to time by resolution or ordinance of the Mayor and Council of the City of Garfield:
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 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. Tables and chairs shall be placed adjacent to the building on the premises.
C.
Service in the outdoor cafe shall be provided by persons engaged or employed for that exclusive purpose and shall be furnished to seated patrons at tables only.
D.
The area utilized for the Cafe shall be kept clean and free of litter. Trash receptacles shall be provided. Sidewalk areas shall be kept clean during hours of operation. Litter shall not be permitted on adjoining sidewalks or property. Sidewalks must be swept daily and debris placed in appropriate containers and not in the street or gutter. Sidewalks shall be washed as necessary.
E.
Noise shall be kept at such a level as to comply with all provisions of the City ordinances relating to noise.[1] In addition, there shall not be any public address systems, loudspeakers, sound systems, radios, or any other type of exterior sound system. No entertainment of any kind shall be permitted.
F.
Outdoor cafes shall be permitted to operate from 11:00 a.m. to 10:00 p.m.
G.
The outdoor 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 extension thereof.
H.
All food preparation shall be in the regular kitchen area of the related restaurant, and such food preparation shall not be permitted inside the Cafe area.
I.
All outdoor furniture used in the Cafe operation shall be of quality construction and durable for continued outdoor use. Outdoor furniture, including umbrellas, shall not contain advertising or logos of any type.
J.
No food or beverage items shall be served in or upon paper products, plastic products or Styrofoam, and no plastic utensils shall be utilized.
K.
Alcoholic beverage service and consumption shall only be permitted with food service to the customers. This alcoholic beverage service and consumption shall be allowed in public notwithstanding any City ordinance to the contrary.
L.
All necessary amendments to liquor license applications with regard to the description of the area of the licensed premises shall be made and approval for such obtained prior to the operation of an outdoor cafe which is a part of a premises for which a liquor license has been previously issued.
M.
Public restroom facilities shall be provided in the building on the premises.
N.
There shall be no additional signage on the premises.
O.
The City retains the right to temporarily suspend an outdoor cafe license to allow for construction activity, utility repairs, special events or for any reasons deemed appropriate.
A.
Upon a determination by the City Manager 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 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 governing body within 14 days of the date of its request. The governing body may, in its sole discretion, restore such license as a result of the information presented to it at the hearing.
Any person convicted of a violation of any of the provisions of this chapter shall be subject to a fine not to exceed $1,000. Each violation of a provision of this section, and each day that a violation continues, shall constitute a separate offense.
[Amended 3-25-2025 by Ord. No. 3062]
The Health Department shall be responsible for the issuance of licensing and the collection of fees. This chapter shall be enforced by the Zoning Officer, the Police Department, the Health Department as to the Sanitary Code, the Superintendent of Public Works as to trash, litter and recycling regulations, the City's Fire Safety Official, the City Construction Official and any other City official designated by the Mayor and Council.
[Added 3-25-2025 by Ord. No. 3062]
If any section or provision of this chapter shall be held invalid in any court of competent jurisdiction, the same shall not affect the other sections or provisions of this chapter, except so far as the section or provision so declared invalid shall be inseparable from the remainder of any portion thereof.
[Added 3-25-2025 by Ord. No. 3062]
All ordinances or parts of ordinance inconsistent with this chapter are hereby repealed to the extent of such inconsistency.
[Added 3-25-2025 by Ord. No. 3062]
This chapter shall take effect upon final adoption and publication in accordance with Law.
[Adopted 3-27-2018 by Ord. No. 2782]
Any person, firm, corporation or organization may operate the business of a fixed location food truck, as hereinafter defined, in the B-1 Central Business District; provided, however, that such use and operation shall be in accordance with the terms and conditions hereinafter set forth. A "fixed location food truck" shall mean and include any retail food establishment/restaurant that is located upon a movable, motorized vehicle, operating in a fixed location, and which shall not exceed 40 feet in length, where food or beverage is stored, cooked, prepared, and served for individual portion service and retail sale, and not on a public roadway. There shall only be one food truck permitted on a given lot. Lots containing a fixed location food truck shall not be permitted to use the given lot for any other use.
A.
Any person, firm, corporation or organization (hereinafter referred to as the "applicant") shall first apply for and obtain from the Mayor and Council a site plan waiver for such use. In connection with the site plan waiver application, the applicant shall submit to the Mayor and Council for approval a layout plan, which shall include the following information:
(1)
A description of the proposed design and location of the fixed location food truck and all temporary structures, equipment, furniture, and apparatus to be used in connection with its operation, including tables, chairs, planters, awnings, umbrellas, lighting and electrical outlets, if any.
(2)
A statement of seating capacity of the proposed fixed location food truck.
(3)
A diagram demonstrating that the pedestrian traffic along the proposed fixed location food truck will not be impeded.
(4)
A description of the proposed location of the fixed location food truck showing the actual dimensions of the area to be utilized and the 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.
B.
The Mayor and Council shall approve, disapprove or require such modifications to the layout plan as it deems necessary so that such plan conforms with the terms and conditions of this section. The Mayor and Council shall also refer the layout plan to the City's Fire Official, Health Officer, Engineer or any other appropriate municipal agency or department for any clarification of any issue regarding the layout plan in relation to public safety or health issues for their review and recommendations to the Mayor and Council.
No license shall be issued unless the applicant shall have first executed and filed with the Municipal Clerk an indemnification agreement pursuant to which the applicant, in further consideration of the issuance of the license, shall agree to forever defend, protect, indemnify and save harmless the City of Garfield, its officers, agents, and employees from and against all claims, causes of action, injuries, losses, damages, expenses, fees and costs arising out of or which may arise out of the applicant's operation of such fixed location food truck.
The fee for a fixed location food truck shall be $300 per year, and there shall be no proration of the fee for the initial season or for any shorter period of time for which a license is obtained.
All fixed location food truck licenses shall be issued for the period commencing January 1 at 12:01 a.m. and ending December 31 of the particular year. Licenses may be renewed annually by the filing of an application in accordance with the provisions of the section. Renewal applications may be submitted to the Office of the Board of Health, provided that there are no changes from the application previously approved directly by the Mayor and Council.
A fixed location food truck, authorized and operating pursuant to this section, shall comply with all of the following rules and regulations and such others as may be adopted from time to time by resolution or ordinance of the Mayor and Council of the City of Garfield:
A.
The establishment 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 fixed location food truck 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.
The area utilized for the fixed location food truck shall be kept clean and free of litter. Trash receptacles shall be provided. Sidewalk areas shall be kept clean during hours of operation. Litter shall not be permitted on adjoining sidewalks or property. Sidewalks must be swept daily and debris placed in appropriate containers and not in the street or gutter. Sidewalks shall be washed as necessary.
D.
Noise shall be kept at such a level as to comply with all provisions of the City ordinances relating to noise. In addition, there shall not be any public address systems, loudspeakers, sound systems, radios, or any other type of exterior sound system. No entertainment of any kind shall be permitted.
E.
(Reserved)
F.
All outdoor furniture used in the fixed location food truck operation shall be of quality construction and durable for continued outdoor use. Outdoor furniture, including umbrellas, shall not contain advertising or logos of any type.
In addition to requirements herein set forth, the following regulations must be complied with by all licensees:
A.
Due to the nature, location and variety of conditions surrounding the operation of such establishments, it is frequently not possible to provide certain physical facilities required for permanent establishments. In order to assure adequate protection of food served by temporary establishments, mobile establishments and agricultural markets which are unable to meet fully the requirements of these regulations, it may be necessary to restrict the types of food sold or the methods by which served, to modify some requirements for procedures and facilities and to impose additional requirements.
B.
The preparation of potentially hazardous foods, such as cream-filled pastries, custards and similar products and meat, poultry and fish in the form of salads or sandwiches, shall be prohibited, provided that this prohibition shall not apply to hamburgers, frankfurters and other food which, prior to service, requires only limited preparation, such as seasoning and cooking; and provided, however, that potentially hazardous food which is obtained in individual servings is stored in approved facilities which maintain such food at safe temperatures, below 45° F. or above 140° F. and is served directly in the individual, original container in which it was packaged at a food-processing establishment, may be distributed or sold.
C.
Ice which will be consumed or which will come into contact with food shall be contained from a source meeting standards approved by law in chipped, crushed or cubed form. Such ice shall be obtained in single-service, closed, protected containers satisfactory to the Department or health authority and shall be held therein until used.
D.
Wet storage of packed food and beverages shall be prohibited, provided that wet storage of pressurized containers of beverages may be permitted when:
E.
Food contact surfaces of food preparation equipment such as grills, stoves and worktables shall be protected from contamination by dust, customers, insects or any other source. Where necessary, effective shields shall be provided.
F.
Equipment shall be installed in such a manner that the establishment can be kept clean and food will not become contaminated.
G.
An adequate supply of water for cleaning and handwashing shall be maintained in the establishment, and auxiliary heating facilities, capable of producing an ample supply of hot water for such purposes, shall be provided.
H.
Liquid waste which is not discharged into a sewerage system shall be disposed of in such a manner as not to create a public health hazard or nuisance condition.
I.
Adequate facilities shall be provided for employee handwashing. Such facilities may consist of a pan, water, soap and individual paper towels. Handwashing facilities shall be provided for employee handwashing for mobile retail food service establishments where food products are directly handled and fabricated, but need not be provided for mobile units serving prepackaged foods, milk, cold sealed beverages and tea, coffee, hot chocolate or other hot drinks at temperatures about 140° F.
J.
Floors shall be of tight wood or other cleanable material, provided that the Department or health authority may accept dirt or gravel-covered floors, when graded to preclude the accumulation of liquids and covered with removable, cleanable, wooden platforms or duckboards.
K.
Walls and ceilings shall be so constructed as to minimize the entrance of flies and dust. Temporary construction may be accepted. Ceilings may be of wood, canvas or other materials which protect the interior of the establishment from the elements, and walls may be of such materials or of sixteen-mesh screening or equivalent. When flies are prevalent, counter-service openings shall either be equipped with self-closing, flytight doors or the opening shall be so limited that the fans employed will effectively prevent the entrance of flies.
L.
Any other requirement deemed necessary by the Department or health authority to protect the public health in view of the particular nature of the food service.
A.
Upon a determination by the City Manager 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 fixed location food truck 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 governing body within 14 days of the date of its request. The governing body may, in its sole discretion, restore such license as a result of the information presented to it at the hearing.
Any person convicted of a violation of any of the provisions of this article shall be subject to a fine not to exceed $1,000. Each violation of a provision of this article, and each day that a violation continues, shall constitute a separate offense.
The City Clerk shall be responsible for licensing and the collection of fees. This article shall be enforced by the Zoning Officer, the Police Department, the Board of Health as to the Sanitary Code, the Superintendent of Public Works as to trash, litter and recycling regulations, the City's Fire Safety Official, the City Construction Official or any other City official as designated by the Mayor and Council.[1]
[1]
Editor's Note: Former Art. III, Emergency Outdoor Cafes, adopted 6-23-2020 by Ord. No. 2840, as amended, which immediately followed this article, was repealed 3-25-2025 by Ord. No. 3061.