[HISTORY: Adopted by the City Council of the City of Passaic 5-11-2010 by Ord. No.
1834-10. Amendments noted where applicable.]
[Amended 2-21-2012 by Ord. No. 1892-12]
The Council of the City of Passaic has determined the purpose
of this chapter is to permit daytime and early evening sidewalk sales
on private property and sidewalks adjacent to local retail sales establishments
and retail food establishments for the convenience of the establishment
patrons without disturbing the immediate neighborhood or pedestrian
traffic. It is intended to permit the tasteful, aesthetic use of retail
sales equipment on adjacent property and sidewalks of local retail
sales establishments and retail food establishments under the direction
and approval of the City of Passaic Clerk's Office. 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 racks, kiosks, tables and/or display cases that are used
in connection with the exhibition or sale of goods, services or produce
outdoors.
[Amended 2-21-2012 by Ord. No. 1892-12]
Any room, building or place, or portion thereof, maintained,
used or operated for the purpose of storing, preparing, packaging,
serving, vending, or otherwise providing food for human consumption
within the corporate limits of the City of Passaic, including:
[Added 2-21-2012 by Ord. No. 1892-12]
A restaurant, satellite, or catered feeding location; catering
operation if the operation provides food directly to a consumer or
to a conveyance used to transport people; market; vending location;
conveyance used to transport people; institution; or food bank;
An operation that relinquishes possession of food to a consumer
directly or indirectly through a delivery service such as home delivery
of grocery orders or restaurant takeout orders, or delivery service
that is provided by common carriers;
An element of the operation such as a transportation vehicle
or a central preparation facility that supplies a vending location
or satellite feeding location;
An operation that is conducted in a stationary, short-term,
or permanent facility or location, where consumption is on or off
the premises, and regardless of whether there is a charge for the
food; or
Agricultural markets, including produce stands, that only offer
whole, uncut fresh fruits and vegetables.
An outdoor display for the exhibition or sale of goods, services
or produce on any portion of the sidewalk or exterior of the property
commonly owned and/or adjacent to any retail sales establishments,
including any grocery store or supermarket that sells produce consistently
year round. Sidewalk sales are permitted between April 15 and November
1 (inclusive) by any legally operating retail sales establishment
where goods, services or produce are sold upon a portion of the sidewalk
or upon any portion of the exterior of a premises immediately in front
of the place of business where the goods, services or produce are
to be sold. Seasonal sidewalk sale permits may be issued annually
and shall expire at 12:00 midnight on November 2 of the calendar year
issued.
[Amended 2-21-2012 by Ord. No. 1892-12; 8-8-2017 by Ord. No. 2117-17]
A.
Except as otherwise provided herein, it shall be unlawful to offer
sale of items on the sidewalk or exterior of a retail sales or retail
food establishment that meets the requirements of this chapter without
first obtaining a permit as required by this chapter and otherwise
complying with all other applicable statutes, regulations and ordinances.
[Amended 8-8-2017 by Ord.
No. 2117-17]
B.
All permit applications for properties which propose occupying part
of the Passaic County right-of-way for the sidewalk sale must obtain
a County of Passaic encroachment permit and submit same with the application
to the City Clerk.
C.
The hours for outdoor service shall be between 7:00 a.m. and 10:00
p.m. All outdoor retail sales equipment shall be removed and placed
securely indoors no later than 10:30 p.m.
[Amended 2-21-2012 by Ord. No. 1892-12; 8-8-2017 by Ord. No. 2117-17]
Outdoor retail sales equipment shall be permitted within the
property commonly owned and adjacent to the retail sales establishment
and retail food establishments that meet the requirements of this
chapter and service thereto for the patrons, provided that:
A.
The design of the retail sales equipment is aesthetically pleasing
and complementary to the surrounding architecture.
B.
The layout of outdoor retail sales equipment 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 the sales equipment is proposed.
C.
The layout shall not cause irreparable damage to existing landscaping.
D.
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.
E.
The hours for outdoor service shall be between 7:00 a.m. and 10:00
p.m. All outdoor retail sales equipment shall be removed and placed
securely indoors no later than 10:30 p.m.
F.
No outdoor music or public address system shall be permitted.
G.
Outdoor retail sales equipment shall not be permitted if it will
interfere in any way with the peace and quiet of nearby residences.
A.
Each applicant for a seasonal sidewalk sales permit shall submit
and file an application with the City Clerk. 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
retail sales equipment and all temporary structures, equipment and
apparatus to be used in connection with its operation, including racks,
tables and display cases.
(5)
A description of the proposed location of the seasonal outdoor retail
sales equipment showing the actual dimensions of the area to be utilized
and pedestrian traffic related thereto.
(6)
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.
(7)
Photographs or diagrams of outdoor retail sales equipment to be utilized,
showing style, design, materials, size and colors.
(8)
Evidence regarding where outdoor retail sales equipment will be stored
indoors after 10:30 p.m.
(9)
A Passaic County encroachment permit, if the applicant is proposing
to encroach on the Passaic County right-of-way for the outdoor retail
sales equipment.
(10)
A copy of the liability insurance certificate with the coverage
limits set forth below shall be submitted with the application.
B.
Applicant must have liability insurance in effect at the time of
the application. If the operator is not the property owner, then the
property owner must likewise have insurance in effect at the time
of application by the 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 sidewalk sales permit of $250 shall
be submitted with the application.
E.
In reviewing an application for a seasonal sidewalk sales permit,
the City Clerk 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)
Police and first aid/emergency squad access is available to the site;
(3)
Firesafety is not impacted by the use;
(4)
Parking will be maintained in the same amount; and
(5)
Trash removal is provided.
F.
After review of the administrative site plan, the City Clerk may
issue a seasonal sidewalk sales permit with conditions, including
but not by way of limitation:
G.
The City Clerk shall refer the application to the Zoning Officer,
City Engineer, Police Department, Health Department or other official
deemed appropriate by the City Clerk, who shall thereupon recommend
approval, disapproval or modification of the application.
[Amended 2-21-2012 by Ord. No. 1892-12]
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 in 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 seasonal outdoor retail sales equipment upon any sidewalk
or public place which is improperly maintained.
