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City of Passaic, NJ
Passaic County
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Table of Contents
Table of Contents
[Added 5-11-2010 by Ord. No. 1832-10]
All retail food establishments licensed to provide outdoor seating as provided in the City Code shall meet the following requirements at all times:
A. 
The outdoor seating area of a retail food establishment shall be operated and maintained by the same person named in the retail food establishment license issued for the premises.
B. 
The outdoor seating area shall be for the exclusive use of patrons of the licensed retail food establishment. Retail food establishment owners or employees are prohibited from serving drivers or passengers of vehicles.
C. 
No fruit, vegetables and other food shall be stored or displayed for sale upon any sidewalk or outside any building in the City.
D. 
No food or drinks served at outdoor seating areas shall be prepared other than in the interior areas of the retail food establishment approved by the Health Division for such use.
E. 
All equipment used in the outdoor seating area, including but not limited to chairs and tables, shall be nonabsorbent, smooth, easily cleanable, of corrosive-resistant material, and meet the requirements of the New Jersey Administrative Code at N.J.A.C. 8:24-1.1 et seq., as the same may be from time to time amended and supplemented. No food service equipment shall be stored in or permanently mounted to any area of the outdoor dining area.
F. 
Containers used in the conveyance of soiled tableware shall not be permanently stored outdoors. Soiled tableware shall be promptly removed to the establishment's equipment washing area after patron use.[1]
[1]
Editor's Note: Former Subsection G, regarding smoking, which immediately followed this subsection, was repealed 10-4-2018 by Ord. No. 2173-18.
A. 
Each licensee is responsible for keeping the area of the outdoor seating area and the adjacent walks and streets clean, free of litter and food wastes, free of nuisances and sanitary at all times. Areas must be cleaned at the beginning of each business day, at closing time and as often as needed so as to prevent unsanitary conditions.
B. 
Effective control measures shall be utilized to minimize, prevent and eliminate the presence and entry of rodents, flies, cockroaches and all other vermin in and into the establishment. Outdoor seating and all other parts of the establishment shall be kept in such condition so as to prevent the breeding, harborage or feeding of all vermin.
C. 
All openings to the outside shall be effectively protected against the entrance of vermin by self-closing doors, closed windows, screening, controlled air currents or air curtains. Self-closing screen doors shall be provided. Such doors shall be hinged so as to open to the exterior of the premises.
D. 
Screening material shall not be less than 16 mesh to the inch or equivalent. All screens for doors, windows, skylights, transoms or other openings shall be tight-fitting and free of breaks.
E. 
Food spillage shall be promptly removed. Waste containers shall be proofed so as to prevent the entry of vermin. Outdoor dining facility owners, employers and employees must provide for the disposal of garbage and recyclables. Public receptacles for garbage shall not be used.