[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:
OUTDOOR RETAIL SALES EQUIPMENT
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]
RETAIL FOOD ESTABLISHMENT
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.
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;
B.
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;
C.
An element of the operation such as a transportation vehicle
or a central preparation facility that supplies a vending location
or satellite feeding location;
D.
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
E.
Agricultural markets, including produce stands, that only offer
whole, uncut fresh fruits and vegetables.
RETAIL SALES ESTABLISHMENT
Establishments engaged in the selling or rental of goods or merchandise and in rendering services incidental to the sale of such goods, excluding any establishment regulated under City Code §
149-1 et seq., §
91-1 et seq. and §
217-1 et seq.
SEASONAL SIDEWALK SALES
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]
[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.