[HISTORY: Adopted by the Mayor and Council of the Borough
of Norwood 7-28-2010 by Ord. No. 10:10. Amendments noted where
applicable.]
For the purpose of this chapter, the following words will have
the meanings set forth in this section:
The Borough of Norwood.
Any restaurant, cafe, cafeteria, or place of business where
food and/or other refreshments are served for on-site consumption.
Any eating establishment where food and other refreshments
are served upon the public right-of-way, namely the sidewalks immediately
in front or along the side or rear of the eating establishment, or
at any other location on the premises of an eating establishment outside
of the interior portion of the building occupied by the eating establishment.
Any individual, firm, partnership, corporation, association,
limited-liability company, or organization of any kind.
The area of the public right-of-way reserved for pedestrian
traffic from the curb to the front line of the building housing a
proposed or existing outdoor cafe.
No person may create, establish, operate, maintain, or otherwise
be engaged in the business of conducting an outdoor cafe in the Borough
unless that person holds a currently valid license issued pursuant
to the terms of this chapter.
No license will be issued hereunder unless the licensee meets
the following conditions:
A.
The licensee must operate an eating establishment lawfully operating
and existing in the Borough in the following locations: Livingston
Street between Rockland Avenue and Broadway, Broad Street between
Broadway and Blanch Avenue, and 595 Broadway. The licensee must have
existing approved indoor seating, and the total combined indoor and
outdoor seating will not exceed the maximum number of indoor seating
allowed by state and local regulation.
[Amended 4-13-2016 by Ord. No. 16:02]
B.
The licensee will demonstrate that a minimum of four feet of unobstructed
paved surface will be available for pedestrian traffic around or through
the outdoor cafe and that the outdoor cafe be contiguous to an eating
establishment as hereinabove defined.
C.
The hours of operation for outdoor cafes will not extend after 12:00
midnight on Thursdays, Fridays, and Saturdays, and not after 10:00
p.m. on Sundays, Mondays, Tuesdays, and Wednesdays.
D.
All furniture, umbrellas, barriers, and other property used in the
outdoor cafe must be safe, sturdy, and structurally sound.
E.
Outdoor seating may not displace parking spaces required by building
and zoning regulations.
F.
No food or drinks served at an outdoor cafe may be prepared or stored
other than in the interior of the eating establishment.
G.
The licensee will demonstrate adequate controls to prevent vermin
entrance into the interior of the food establishment, such as air
curtains and pass-through windows.
H.
Tables and chairs must be removed from the public sidewalks when
the establishment is not open for business.
A.
Applications for the licenses required by this chapter will be filed
with the Borough Clerk and will be signed by the applicant. The application
must contain the following information:
(1)
The name, residence address and telephone number of each individual,
owner, partner, or, if a domestic corporation, the names, residence
addresses, and telephone numbers of the directors and officers owning
a 10% or greater interest in the corporation and the Chief Operating
Executive of the corporation and, if a nondomestic corporation, the
name, residence address, and telephone number of the managing officer
for service of process within the State of New Jersey and a copy of
the qualification of said nondomestic corporation to conduct business
in the State of New Jersey.
(2)
A copy of the trade, corporate, business or fictitious name upon
which the applicant intends to do business pursuant to this chapter.
(3)
The address and description of each place where the applicant intends
to establish or operate an outdoor cafe.
(4)
The name and address of the person owning the premises, if other
than the applicant, and the consent of the owner of the premises to
the application.
(5)
Three sets of a proposed layout plan containing scaled drawings clearly
illustrating the number, type of material, color, and location of
all tables, chairs, umbrellas, or other furnishings, or fixtures intended
to be located in the outdoor cafe. The perimeter of the outdoor cafe
may, if appropriate, be defined and set off by a portable-type enclosure,
which may include live plantings. The enclosure will define the perimeter
of the area to be used as an outdoor cafe and will separate it from
the pedestrians traversing the adjacent sidewalk. The enclosure will
not contain doors or windows nor air-conditioning or heating equipment
and will be open at all times to the air from a height of not more
than three feet. Awnings or outdoor umbrellas extending over the enclosure
are permitted, subject to approval by the Mayor and Council.
B.
The scaled drawings also will illustrate the following:
(1)
The location of any doors leading from the eating establishment to
the outdoor cafe. No doors may be obstructed in any manner.
(2)
The number of feet and location of unobstructed space permitting
free passage of pedestrian traffic around or through each outdoor
cafe.
(3)
The location of the place where any food or drink is intended to
be prepared.
(4)
An illustration of the enclosure or protective barrier separating
the eating and serving area of each outdoor cafe from pedestrian traffic.
(5)
The location of all fire hydrants, parking meters, utility poles,
benches, handicap ramps, street furniture, trees, and any other fixtures
permanently located on the sidewalk in front of the eating establishment
or within 10 feet thereof on either or any side.
(6)
The type and location of any proposed outdoor lighting and fixtures.
(7)
The application fee and annual license fee will be $200 and will
be submitted with the application.
A.
Upon the filing of a complete application, the Borough Clerk will
submit same for review by the Health Officer and Chief of Police,
who will complete their review within 14 days and submit any objections
in writing to the Borough Clerk.
B.
The Mayor and Council may approve any license if the application
is complete and conforms to the requirements of this chapter.
C.
Licenses will expire annually on March 1.
A.
The license granted pursuant to this chapter is personal to the applicant
and any change or transfer of ownership of the outdoor cafe will terminate
the license and will require a new application and a new license in
conformance with all of the requirements of this chapter.
B.
Acceptance of the license by the applicant will operate as a consent
to the health, fire, police, and building officials of the Borough
to inspect the outdoor cafe for continued compliance with the terms
and conditions of this chapter.
C.
No license required by this chapter will be granted to any person
to operate an outdoor cafe until the applicant has filed with the
Borough Clerk a statement agreeing to indemnify and hold harmless
the Borough, its agents, servants, representatives, or employees from
any or all claims, damages, judgment costs, or expenses including
attorneys' fees, which they or any of them may incur or be required
to pay because of any personal injury, including death or property
damage, suffered by any person or persons as a result of or related
in any way to the operation and maintenance of the outdoor cafe for
which the license is issued.
D.
Insurance coverage.
(1)
No license required by this chapter will be granted to any person
to operate an outdoor cafe until such person will have first filed
with the Borough Clerk a comprehensive general liability policy issued
to such person by a public liability insurance company authorized
to do business in the State of New Jersey affording the coverages
set forth below in the amounts specified. The insurance policy will
name the Borough of Norwood, 455 Broadway, Norwood, New Jersey 07648,
its agents, officers, servants, representatives, and employees as
additional insured with respect to the operation and maintenance of
the outdoor cafe in the following amounts:
(2)
The insurance coverage required by this section will at all times
be maintained for the full amount. The policy of insurance required
by this section to be filed with the Borough Clerk will contain a
clause obligating the company issuing the same to give not less than
30 days' written notice to the Borough Clerk before cancellation
or amendments of any of the terms thereof. Notice of cancellation
will not relieve the company issuing the policy of liability for any
injury or claim arising before the cancellation becomes effective.
The cancellation of any policy will have the immediate effect of suspending
the license of such person to operate the outdoor cafe covered thereby
until a new policy complying with the provisions of this section is
filed with the Borough Clerk and a letter confirming the new effective
date of the license is issued by the Borough Clerk.
E.
Every insurance policy required hereunder will contain a provision
for continuing liability thereunder to the full amount thereof notwithstanding
any recovery thereon, that the liability of the insured will not be
affected by the insolvency or the bankruptcy of the insured, and that
until the policy is canceled the insurance company will not be relieved
from liability on account of nonpayment of premium or of any act or
omission by the named insured. The policy of insurance will be further
conditioned for the payment of any and all judgments up to the limits
of the policy.
F.
Each licensee is responsible for keeping the area of the outdoor
cafe and the adjacent walks and streets free and clear of any debris
or litter generated by the cafe. Areas must be cleaned at the time
that business is closed and at the beginning of each business day,
but not later than 9:00 a.m.
G.
No vending machines of any kind are permitted on the exterior of
any building operating an outdoor cafe.
H.
No signs are permitted in the area of the outdoor cafe, including
signs on the awnings or umbrellas, unless permitted by the Sign Ordinance
of the Borough.
I.
If the applicant is the holder of an alcoholic beverage control license
pursuant to laws of the State of New Jersey, it will be the applicant's
responsibility to cause the alcohol beverage control license to be
amended to include the premises utilized for outdoor cafe purposes
in order to serve alcoholic beverages therein.
J.
Outdoor cafes will be permitted to operate from April 1 to October
31 in any calendar year. The license, when issued, will be valid for
one season.
K.
No tables, chairs or other equipment used in the outdoor cafe will
be attached, chained or in any manner affixed to any tree, post, sign,
or other fixtures, curb, or sidewalk, within or near the licensed
area.
L.
No music or any other form of entertainment, whether live, recorded,
or in any manner electronically transmitted, is permitted. No loudspeakers,
public address systems, sound amplifiers, or similar devices may be
used for any purpose.
[Added 4-13-2016 by Ord.
No. 16:02]
A.
Any license issued hereunder is issued solely as a revocable license,
which will be subject to revocation or suspension by the Borough Council,
after a hearing held on notice to the licensee, for failure of any
licensee to comply with this chapter or for violation of any other
applicable federal, state, county or municipal law, regulation, or
ordinance. Any license issued hereunder is issued upon the express
understanding that the licensee obtains no property right thereunder,
nor any interest in the continuation of said license.
B.
It is unlawful for any person to operate an outdoor cafe after the
suspension or termination of the applicable license.
C.
In addition to the powers of suspension or revocation as set forth
above, the Borough reserves the right to modify, suspend or revoke
any license on 10 days' written notice if the Borough determines
that pedestrian traffic is, in fact, impeded or made unsafe because
of the operation of the outdoor cafe or because of any other safety
issue that the Borough determines adversely affects the Borough because
of the operation. The license may also be suspended or revoked, on
10 days' written notice, if the Borough determines that it is
necessary to utilize the area or any part thereof for the maintenance
or installation of underground utilities. In the event of an emergency,
which emergency is certified by the Borough, the license may be suspended
or revoked without notice.
