[HISTORY: Adopted by the City Council of the City of Passaic
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-11-2010 by Ord. No. 1831-10]
The Council of the City of Passaic has determined the purpose
of this chapter is to permit daytime and early evening outdoor dining
on private property and sidewalks adjacent to local restaurants for
the enjoyment of restaurant patrons without disturbing the immediate
neighborhood or pedestrian traffic. It is intended to permit the tasteful,
aesthetic use of tables and chairs on adjacent property and sidewalks
of local restaurants under the direction and approval of the City
of Passaic Engineering Department, provided that all tables, chairs
and/or similar food service equipment meet the requirements of the
New Jersey Administrative Code at N.J.A.C. 8:24-1.1 et seq. It is
the intention of the Mayor and Council of the City of Passaic to monitor
and review the use of these facilities after the adoption of this
chapter to determine its full impact upon the City and the enjoyment
of its citizens.
As used in this chapter, the following terms shall have the
meanings indicated:
Any establishment at which the primary activity is the preparation
and serving of food and beverages for consumption by patrons on its
premises.
Outdoor seating provided at a restaurant as defined in the City Code and duly licensed and approved pursuant to the New Jersey Administrative Code at N.J.A.C. 8:24-1.1 et seq. and City Code § 149-1 et seq.,[1] as the same may be from time to time amended and supplemented.
Outdoor seating shall include removable seats and tables located within
a defined area of a site plan that is not otherwise devoted to a function
essential to the site. Seasonal outdoor seating shall be limited to
use between April 15 and November 1 (inclusive). Seasonal outdoor
seating permits may be issued annually and shall expire at 12:00 a.m.
on November 2 of the calendar year issued.
A.
Except as otherwise provided herein, it shall be unlawful to offer
seasonal outdoor seating without first obtaining a permit as required
by this chapter and otherwise complying with all other applicable
statutes, regulations and ordinances.
B.
All permit applications for properties which propose occupying part
of the Passaic County right-of-way for the outdoor seating must obtain
a County of Passaic encroachment permit and submit same with the application
to the City Engineer.
C.
The hours for outdoor service shall be between 7:00 a.m. and 10:00
p.m. All tables, chairs and equipment shall be removed and placed
securely indoors no later than 10:30 p.m.
D.
A liquor licensed establishment which seeks to sell alcoholic beverages
in an outdoor seating area should apply for the outdoor seating permit
first. If that permit is issued, then the ABC licensee must obtain
a place-to-place transfer to allow the service of alcoholic beverages
in the outdoor area. The licensee is deemed to have an interest in
this outdoor area for purposes of using and maintaining same for the
outdoor seating if a permit is approved.
Outdoor tables and chairs shall be permitted within the property
commonly owned and adjacent to the retail food establishment and service
thereto for the patrons, provided that:
A.
The design of the tables and chairs is aesthetically pleasing and complementary to the surrounding architecture, provided that the sizes of tables meet the requirements set forth in City Code § 149-46[1] and provided that all tables, chairs and/or similar food service equipment meet the requirements of City Code § 149-47 and the New Jersey Administrative Code at N.J.A.C. 8:24-1.1 et seq.
B.
The layout of tables and chairs does not in any way interfere with
pedestrian or vehicular safety, or with necessary access for fire-fighting
equipment and ambulances or personnel. At least five feet of open
unused space adjacent to the curb shall be provided on any sidewalk
area upon which seating is proposed.
C.
The layout shall not cause irreparable damage to existing landscaping.
D.
Notwithstanding § 75-23[2] of the Passaic City Code, alcoholic beverages of any kind
may be served or consumed in conjunction with the outdoor dining on
public sidewalks where the permittee has the appropriate ABC license.
No alcoholic beverages brought to the establishment by patrons or
other persons shall be served or consumed in the outside facility
on public sidewalks.
E.
The highest standards of cleanliness of the outdoor area are to be
maintained at all times, including frequent litter removal, within
and around and beyond the subject property. A plan for litter removal,
trash handling, and overall cleanliness and maintenance must be submitted
together with the application.
F.
The hours for outdoor service shall be between 7:00 a.m. and 10:00
p.m. All tables, chairs and equipment shall be removed and placed
securely indoors no later than 10:30 p.m.
G.
No outdoor music or public address system shall be permitted.
H.
No outside lighting shall be permitted except small individual table
lighting that is self-powered.
I.
Outdoor seating shall not be permitted if it will interfere in any
way with the peace and quiet of nearby residences.
J.
Low barriers of a temporary nature (not to exceed three feet in height)
may be placed at the edge of the seating area during business hours
so long as there is no interference with public safety or pedestrian
movement patterns.
K.
No outside cooking of any kind shall be permitted.
A.
Each applicant for a seasonal outdoor seating permit shall submit
and file an application with the City Engineer. The application shall
set forth:
(1)
The name and address of the applicant.
(2)
The name and address of the owner of the subject property (if other
than the applicant).
(3)
The written authorization and approval of the owner of the establishment
(if other than the applicant).
(4)
A description of the proposed design and location of the seasonal
outdoor seating and all temporary structures, equipment and apparatus
to be used in connection with its operation, including tables, chairs
and planters.
(5)
A statement of the seating capacity of the proposed seasonal outdoor
seating and of the existing eating establishment operated by the applicant
in the adjacent building.
(6)
A description of the proposed location of the seasonal outdoor seating
showing the actual dimensions of the area to be utilized and pedestrian
traffic related thereto.
(7)
Scaled layout of tables and chairs, and low barrier if proposed,
showing dimensions of tables, chairs and overall area, as related
to building facade, sidewalk, existing poles, news boxes, trees or
other sidewalk installations.
(8)
A detailed narrative and plan of relevant information, describing
method of service, proposed hours of service outdoors and method of
litter control and trash handling for outdoor service.
(9)
Photographs or diagrams of tables, chairs, etc., to be utilized,
showing style, design, materials, size and colors.
(10)
Evidence regarding where tables and chairs, etc., will be stored
indoors after 10:30 p.m.
(11)
A Passaic County encroachment permit, if the applicant is proposing
to encroach on the Passaic County right-of-way for the table and chairs.
(12)
A copy of the liability insurance certificate with the coverage
limits set forth below shall be submitted with the application.
B.
The applicant must have liability insurance in effect at the time
of the application. If the restaurant operator is not the property
owner, then the property owner must likewise have insurance in effect
at the time of application by the restaurant operator. The City of
Passaic must be named as an additional insured on the operator's
policy as well as on the property owner's policy. The limits
of liability required are a minimum of $500,000 combined single limit
bodily injury and property damage or a split limit of $500,000 bodily
injury liability and $100,000 property damage liability. In addition,
the County of Passaic requires an additional certificate of insurance
indemnifying the county as well as a hold-harmless agreement.
C.
The annual fee for a seasonal outdoor seating permit of $250 shall
be submitted with the application.
E.
In reviewing an application for a seasonal outdoor seating permit,
the City Engineer shall consider the following aspects of an administrative
site plan, including but not by way of limitation the following:
(1)
Pedestrian and traffic circulation, to insure that pedestrian access
and traffic are not impacted;
(2)
Number, type and location of existing seats in conjunction with approved
wastewater flows;
(3)
Police and first aid/emergency squad access is available to the site;
(4)
Firesafety is not impacted by the use;
(5)
Parking will be maintained in the same amount; and
(6)
Trash removal is provided.
F.
After review of the administrative site plan, the City Engineer may
issue a seasonal outdoor seating permit with conditions, including
but not by way of limitation:
(1)
Limitation on seasonal outdoor seating so as not to exceed the total
number of existing approved indoor seats as provided in the retail
food establishment's certificate of occupancy;
(2)
When deemed necessary, directional or other informational signs;
and
(3)
Any other condition that may be deemed necessary and/or appropriate
to the protection of pubic health, safety and welfare.
G.
The City Engineer shall refer the application to the Zoning Officer,
Health Officer, Police Department or other official deemed appropriate
by the City Engineer, who shall thereupon recommend approval, disapproval
or modification of the application.
H.
Plans and specifications for an addition, alteration or modification
of an outdoor seating area shall be submitted to the City Engineer
and Division of Health for review and approval in accordance with
the requirements of Code Chapter 149[3] and 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.
I.
Any applicant who has been found in violation of any ordinance, statute
or regulation involving the outdoor seating area or its operation
shall be barred from applying for an outdoor seating permit for the
next season after the violation.
A.
It shall be unlawful to violate this chapter, the terms and conditions
of any permit issued hereunder, or any provision herein.
B.
Any person convicted of a violation of any of the provisions of this
chapter shall be subject to a fine not to exceed $1,250 or 90 days'
imprisonment, or both, as set forth in the Code of the City of Passaic,
as may be amended. Each violation of a section or subsection of this
chapter, and each day that a violation continues, shall constitute
a separate offense.
C.
The City of Passaic reserves the right to revoke the permit of any permit holder who, upon the expiration of 10 days after receipt of notice from the City of Passaic or its agents of a violation of the state law or any requirements set forth the this chapter, fails to cure the violation. If the permit holder seeks a new permit he must follow the provisions of Chapter 177[1] for issuing a new permit.
D.
The City of Passaic expressly reserves the right to require the removal
of all of the outdoor seating areas upon any sidewalk or public place
which are improperly maintained.
E.
All violations of this chapter involving ABC licensed premises shall
be forwarded to the Passaic ABC Board.
[Adopted 4-26-2018 by Ord. No. 2149-18]
As used in this article, the following terms shall have the
meanings indicated:
A building whose principal facade fronts on the sidewalk
where the parklet is or is proposed to be located.
Properties fronting on Broadway between Gregory Avenue and
Main Avenue.
A temporary curb extension in place of one or more on street
parallel parking spaces intended to provide space for customers to
site and enjoy space where existing narrow sidewalk would prelude
such occupancy. Parklets are intended as sidewalk as sidewalk/street
furniture, providing opportunities for outdoor dining.
Properties fronting on Market Street between halfway up the
block of South Street to halfway up the block before Monroe Street
known at the primary zone and further detailed in the attached Map
1.[1]
Any individual, partnership, corporation, association, or
other entity.
That portion of the facade of a building which fronts on
a public street.
The paved surface provided for the exclusive use of pedestrians
and situated between and extending from any building to the curb of
any street (excluding therefrom any unpaved area).
Property owners fronting on Market Street in the Passaic Bistro
District and fronting on Broadway in the Eateries on Broadway District
will be allowed to construct a parklet along their frontage as long
as they apply for and receive the parklet license as required in this
article.
No person shall operate a parklet within the Passaic Bistro
District or Eateries on Broadway District in the City of Passaic without
first obtaining a parklet license and satisfying all of the requirements
of this section.
A.
Each applicant for a parklet license shall submit and file an application
with the Municipal Clerk, together with three copies of a development
plan (as defined below) and the appropriate fee. The application shall
set forth:
(1)
The name and address of the applicant;
(2)
The name and address of the owner of the adjacent building (if other
than the applicant);
(3)
The name and address of the person who has prepared the development
plan; and
(4)
Shall be accompanied by the written authorization and approval of
the owner of the adjacent building (if other than the applicant).
(5)
The development plan, which is a written plan setting forth the following
information (and such other additional information, if any, as may
be subsequently requested by the Town):
(a)
A description of the adjacent building and a description of
all properties immediately adjacent to such building;
(b)
A description of the proposed design and location of the parklet
and all temporary structures, equipment, and apparatus to be used
in connection with its operation, including tables, chairs, planters,
awnings, lighting, and electrical outlets (if any);
(c)
A statement of the seating capacity of the proposed parklet
and of the existing restaurant actually operated by the applicant
in the adjacent building;
(d)
A diagram demonstrating that pedestrian traffic along the sidewalk
upon which the parklet is proposed to be located will in no way be
impeded; and
(e)
A description of the proposed location of the parklet 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.
(6)
Required insurance policy.
(7)
Indemnification agreement.
(8)
Maintenance agreement.
(9)
License fee.
The development plan shall be referred to the Construction Official,
or other appropriate official designated by the Business Administrator
to review such plans, who shall thereupon recommend approval, disapproval
or modification of the plan within 10 business days following its
submission to the Town. The Municipal Clerk may also refer the development
plan to the Chiefs of the Bureaus of Police and Fire, the Health Officer,
the Municipal Engineer, and the Municipal Planner for their review
and recommendation.
No parklet license shall be issued unless the licensee shall
have first filed with the Municipal Clerk a copy of an insurance policy,
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, combined single limit, 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 parklet or
for injury to any person occurring on the premises occupied by such
cafe, and further providing for the payment of not less than $10,000
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 10
days prior to cancellation or substantial change in coverage.
No parklet license shall be issued unless the licensee shall
have first executed and filed with the Municipal Clerk an indemnification
agreement pursuant to which the licensee, in further consideration
of the issuance of the license, shall agree to forever defend, protect,
indemnify and save harmless the City, its officers, agents and employees,
from and against any and all claims, causes of action, injuries, losses,
damages, expenses, fees and costs arising out of or which may arise
out of the licensee's operation of such parklet.
No parklet license shall be issued unless the licensee shall
have first executed and filed with the Municipal Clerk a maintenance
agreement pursuant to which the licensee, in further consideration
of the issuance of the license, shall agree, at the option of the
City, either to repair at its sole cost and expense any damage caused
to the sidewalk by the operation of the cafe, or to reimburse the
Town in full for all costs and expenses incurred by it in making any
such repairs. The Municipal Clerk may require a bond to be filed by
the licensee in an amount to be fixed by the City.
The annual fee for a parklet license shall be $250.
All parklet licenses for sidewalk cafes shall be issued for
a one-year period commencing May 1 and ending November 1. Licenses
may be renewed annually by the filing of an application in accordance
with the provisions of this article.
A parklet authorized and operating pursuant to this article
shall comply with all of the following rules and regulations and such
others as may be adopted by resolution of the City Council:
A.
Compliance with development plan. The parklet shall be operated and
maintained in accordance with the development plan as finally approved
when the parklet permit is issued.
B.
Placement of furniture near fire hydrants. No furniture, apparatus,
decoration or appurtenance used in connection with the operation of
the parklet shall be placed within 10 feet of any fire hydrant, plug
or standpipe without the specific written authorization of the Chief
of the Bureau of Fire.
C.
Obstruction of ingress and egress. No furniture, apparatus, decoration
or appurtenance used in connection with the operation of the parklet
shall be located in such a way as to impede the safe and speedy ingress
and egress to or from any building or structure.
D.
Minimum pedestrian passageway. No furniture, apparatus, decoration
or appurtenance used in connection with the operation of the parklet
shall be located in such a way that less than six feet of paved sidewalk
remains for the exclusive use of pedestrians (the "required pedestrian
passageway"), nor shall any such furniture, apparatus, decoration
or appurtenance project or protrude into, on or above the required
pedestrian passageway.
E.
Temporary barrier required. The parklet shall be separated from the
required street by a suitable temporary and portable barrier designed
for such or similar use, which shall have been shown on and approved
as part of the development plan.
F.
Dishes and utensils to be of durable, reusable nature. All dishes,
utensils, containers, cutlery and other items used in the operation
or decoration of the parklet shall be made of durable materials and
shall have been designed for multiple reuse.
G.
Preparation of food. The preparation of food outdoors at tableside
or for patrons of the Passaic Bistro District and the Eateries on
Broadway District shall be permitted subject to all other rules, regulations
and laws governing the preparation of food for public consumption.
H.
Service to patrons. Service in the parklet shall be provided by persons
engaged or employed for that purpose and shall be furnished to seated
patrons only.
I.
Litter; maintenance of sidewalks. The parklet area utilized by the
adjacent building shall be kept clean and free of litter. Sidewalks
shall be washed daily, and trash receptacles shall be provided as
required and approved by the City.
J.
Noise. Noise shall be kept at such a level as to comply in all respects with the provisions of Chapter 193 noise ordinance except that live music and performances shall be allowed in the Passaic Bistro District and the Eateries on Broadway District until the hours of 10:00 p.m. during the week and 11:00 p.m. on Friday and Saturday.
K.
Hours and months of operation. Parklets shall be permitted to operate
only within the permitted Passaic Bistro District and Eateries on
Broadway District between May 1 and ending November 1 and only from
7:00 a.m. until 11:00 p.m.
L.
Removal of furniture after closing. Within 30 minutes after the closing
of the parklet, the operator shall have all the furniture, apparatus,
decorations and any other items used in connection with the operation
of the parklet removed from the street, except for decorative planters,
platform and barriers. All such materials shall be stored in a safe
and secure interior location.
M.
Menu stands. Subject to approval by the Zoning Official, any licensed
parklet may have one menu display not to exceed three square feet.
N.
Compliance with State Sanitary Code. The operator shall comply with
all the requirements of N.J.S.A. 26:1A-7 et seq. (also known as Chapter
XII of the New Jersey State Sanitary Code) and N.J.S.A. 24:15-1 et
seq.
O.
Operation limited to operator of primary restaurant. The parklet
shall be actually operated and maintained by the same person who operates
and maintains the related restaurant/business of the adjacent building
which the parklet is a part and an extension.
P.
Compliance with ordinances. The operator shall comply with all other
ordinances of the City of Passaic. In the case that any outdoor dining
ordinance provisions conflict with this article for the district herein
regulated under these regulations and requirements shall prevail.
Q.
Number of parklets allowed. The number of parklets permitted in the
Eateries on Broadway and Passaic Bistro District shall not occupy
in excess of 10% of the total number of parking spaces available in
each district. The intent is to provide a fair distribution of accessible
spaces for parking and parklets in each district.
A.
The parklet area upon which an adjacent building use has been authorized
to operate pursuant to this section shall constitute premises duly
licensed for the sale and consumption of alcoholic beverages; provided,
however, that the related restaurant of which the parklet is a part
and an extension is so licensed, following a place-to-place transfer
pursuant to N.J.A.C. 13:2-7.2(c), and provided further that specific
approval has been obtained from the City Council for the extension
of the alcoholic beverage consumption license to the parklet area.
Such approval shall be separate from, and must be obtained in addition
to, the license to operate a parklet pursuant to this section.
[Amended 11-20-2018 by Ord. No. 2184-18]
B.
Patrons of a parklet or any restaurant in an adjacent building that
does not have a license to sell alcoholic beverages on the restaurant
or parklet and have been authorized to operate pursuant to this section
shall be permitted to allow customers to carry onto and consume only
wine or beer in the parklet or any restaurant in an adjacent building.
Upon a determination by an officer or employee of the City charged
with the responsibility for enforcing the provisions of this section
that a parklet licensee has violated one or more of such provisions,
such officer or employee shall give written notice to the licensee
to correct the violation within 24 hours of the receipt of such notice
by the licensee. Such notice shall also be filed with the Municipal
Clerk. In the event that the licensee fails or refuses to correct
such violation within such period, the Municipal Clerk shall revoke
the parklet license. Upon the revocation of such license, the licensee,
upon written request, shall be entitled to a hearing before the City
Council within 14 days of the date of its request. Such hearing shall
be conducted according to such rules as are determined by the City
Council.
