[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Editor's Note: This ordinance superseded former Art.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.
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.
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 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 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.
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.
The fee for an outdoor cafe shall be $100 per season, 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 outdoor cafe 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.
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.
[1]
Editor's Note: See Ch. 220, Noise.
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.
The City Clerk shall be responsible for licensing and the collection of fees. This chapter 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.