[HISTORY: Adopted by the Town Council of the Town of Newton 2-11-2008 by Ord. No. 2008-3. Amendments noted where applicable.]
The purpose of this chapter is to establish a procedure and authorize rules and regulations for sidewalk cafes in conjunction with restaurants which adjoin sidewalks within the C-2 Zone.
As used in this chapter, the following terms shall have the meanings indicated:
- SIDEWALK CAFE
- An outdoor food service area operated adjacent to and in conjunction with a restaurant on a public sidewalk and/or public right-of-way.
The use of dining tables by restaurant establishments is prohibited, except if tables are confined to allow at least four feet of pedestrian passageway or ADA standards, whichever is greater, between the table area and the curb. Tables must be clothed appropriately to complement the storefront motif. Any table umbrellas must conform to a height of seven feet, diameter not to exceed four feet, and shall bear no advertising other than the name of the establishment.
Consumption of alcohol in open containers by patrons at a sidewalk cafe duly licensed for alcoholic beverages shall not be considered in violation of local ordinances prohibiting the consumption of such beverages in containers. Outdoor consumption of alcoholic beverages is permitted only if the sidewalk area upon which a cafe has been authorized to operate pursuant to this chapter constitutes a duly licensed premises for the consumption of alcoholic beverages; provided, however, that the related restaurant of which the cafe is a part is an extension of said license, and provided further that specific approval has been obtained from the Town of Newton Police Department and/or the New Jersey Board of Alcoholic Beverages Control, as appropriate, 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 zoning permit in order to operate a sidewalk cafe pursuant to this chapter. Retail food establishments which do not have a license to sell or serve alcoholic beverages within their premises shall not be permitted to allow patrons to carry onto or consume alcoholic beverages on any sidewalk area permitted as a sidewalk cafe.
No person or entity shall operate a sidewalk cafe without a valid sidewalk cafe license. This license shall be in addition to any other license required by this chapter, including a food-handlers permit as issued by the Municipal Clerk's office.
A sidewalk cafe license shall be granted only to the operator of a restaurant which is in conformance with Chapter 320, Zoning, and which holds a valid food-handlers permit for a food service establishment, as provided in Chapter 133, Health Regulations, Article VI, Food-Handlers' Permits. An application for a sidewalk cafe license shall be on a form as provided by the Municipal Clerk and shall require at least the following:
The name and mailing address of the applicant.
A detailed drawing, to scale, of the proposed site, indicating the following: the existing facade, the points of ingress and egress, the proposed location of the tables, chairs, serving equipment, awnings, umbrellas, and other facilities to be included in the seating area. The drawing must also include the location of existing public improvements, including fire hydrants, street signs, streetlights, traffic signals, bus shelters, mailboxes, trees and tree grates, parking meters, planting boxes or planting areas, fire escapes or other overhead obstructions and any other public obstruction.
A copy of a valid food-handlers permit.
No sidewalk cafe license shall be issued unless the licensee shall have first filed with the Town Clerk a certificate of insurance, issued by a company duly authorized to transact business under the laws of this state, providing for the payment of not less than $1,000,000 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 sidewalk cafe or injury to any person occurring on the premises occupied by such sidewalk cafe, and further providing for the payment of not less than $1,000,000 to satisfy all claims for property damage occurring as a direct or indirect result of the operation of such cafe.
The insurance policy shall provide that the insurance company shall notify the Town of Newton 10 days prior to cancellation or substantial change in coverage. It shall also name the Town of Newton as additional insured on a primary and noncontributory basis, including waiver of subrogation.
The licensee must also file with the Town Clerk a signed copy of the Town of Newton hold harmless agreement.
All sidewalk cafe licenses shall be issued for a seven-month period commencing April 1 and ending October 31 of a particular year. Licenses may be renewed annually by the filing of an application in accordance with the provisions of this chapter, received by the Municipal Clerk no later than March 1.