City of Hoboken, NJ
Hudson County
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Table of Contents
Table of Contents
[Adopted 11-13-2012 by Ord. No. Z-220[1]]
[1]
Editor's Note: This ordinance also repealed former Art. V, Limited Sidewalk Cafes, adopted 4-15-1987 by Ord. No. V-95, as amended.
As used in this article, the following terms shall have the meanings indicated:
QUALIFYING ESTABLISHMENT
An establishment that qualifies to have a sidewalk cafe and shall include:
[Amended 6-20-2018 by Ord. No. B-45[1]]
A. 
A building or portion thereof where food and beverages are sold for consumption as the principal or primary use.
[Amended 6-19-2019 by Ord. No. B-147]
B. 
A place of business duly licensed by the Alcoholic Beverage Control Board for the sale and on-premises consumption of alcoholic beverages by the drink as the principal or primary use, with some food service provided, including but not limited to prepackaged snacks.
SIDEWALK
That portion of the public easement which lies between the building line and the curb.
SIDEWALK CAFE
Sidewalk space beyond the building line and to the front of a qualifying establishment as defined herein which could be expanded to include space in front of a building which is immediately next door to the qualifying establishment, which space is used to accommodate tables and chairs for patrons to utilize.
[Amended 5-16-2018 by Ord. No. B-32; 6-20-2018 by Ord. No. B-45]
[1]
Editor's Note: This ordinance repealed the former definition of "restaurant" and replaced it with this definition of "qualifying establishment."
A. 
No person may operate a sidewalk cafe without obtaining a license from the Zoning Officer of the City of Hoboken pursuant to the procedures set forth in § 168-52.
B. 
Sidewalk cafes are permitted only in association with a qualifying establishment.
[Amended 6-20-2018 by Ord. No. B-45]
C. 
The allowed projection of a sidewalk cafe shall be governed by the following:
[Amended 5-16-2018 by Ord. No. B-32]
(1) 
Where the sidewalk is more than 20 feet in width, the maximum projection of any sidewalk cafe shall be 10 feet, including but not limited to all partitions, plants, flower boxes, signs, and/or other permitted decorative elements or parts thereof. Where there are existing fixed obstructions on the right-of-way, such as but not limited to bus shelters, informational kiosks, trees, utility poles, streetlights or traffic lights, and/or directional or City signs, the City may place further limitations on the projection of a cafe to assure a minimum of eight feet of safe, unobstructed pedestrian egress.
(2) 
Where the sidewalk is less than 20 feet but more than 17 feet in width, the maximum projection of any sidewalk cafe shall be eight feet, including but not limited to all partitions, plants, flower boxes, signs, and/or other permitted decorative elements or parts thereof. Where there are existing fixed obstructions on the right-of-way, such as but not limited to bus shelters, informational kiosks, trees, utility poles, streetlights or traffic lights, and/or directional or City signs, the City may place further limitations on the projection of a cafe to assure a minimum of six feet of safe, unobstructed pedestrian egress.
(3) 
Where the sidewalk is less than 17 feet in width, the maximum projection of any sidewalk cafe shall be six feet or 1/2 of the sidewalk width, whichever is less, provided there is a minimum of six feet of safe, unobstructed pedestrian egress.
(4) 
Where none of the above conditions can be met, a determination will be made on a case-by-case basis by the administrative officer to assure that safe, unobstructed pedestrian egress is maintained.
D. 
Where the qualifying establishment is located on a corner, both the front and side sidewalk areas fronting the qualifying establishment may be used for the sidewalk cafe.
[Amended 6-20-2018 by Ord. No. B-45]
A. 
All establishments licensed to operate a sidewalk cafe shall display the license in an unobstructed location.
B. 
The sidewalk cafe area shall be separated from the public portion of the sidewalk by a partition that is not less than 30 inches in height or more than 42 inches in height. The partition shall not obstruct, in any way, patrons, pedestrians, or public safety personnel from entering or exiting the restaurant.
[Amended 5-16-2018 by Ord. No. B-32[1]]
[1]
Editor's Note: This ordinance repealed former Subsection B, which stated, "No permanent form of space delineation or construction for the sidewalk cafe will be permitted within the public right-of-way unless expressly approved by the governing body," and redesignated former Subsection C as Subsection B.
C. 
Partitions for seasonal installation shall be constructed of metal, wood, or other substantial material that is not easily moved or disturbed by patrons or pedestrians, and may be easily maintained in good condition throughout the season.
[Added 5-16-2018 by Ord. No. B-32]
D. 
Sidewalk cafes shall be exempt from the partition requirements, provided the projection into the sidewalk is less than three feet and the setup has been expressly approved by the administrative officer.
[Amended 5-16-2018 by Ord. No. B-32]
E. 
At no time shall the sidewalk cafe partition, tables, chairs, and any other cafe furniture or accessory block any residential entrance. A clear, straight path from door to curb shall be provided and maintained for public safety reasons.
[Amended 5-16-2018 by Ord. No. B-32]
F. 
String lights, rope lights, bistro lights, and similar temporary lights are not permitted as part of a seasonal sidewalk cafe setup. Only those cafes with year-round setups approved prior to the adoption of this amendment, and so recorded with the Zoning Office, may keep or maintain their existing lighting.
[Amended 5-16-2018 by Ord. No. B-32]
G. 
The sidewalk cafe partition and any overhead covering shall be appropriate in style to the facade of the building, shall be approved by the Historic Preservation Commission when in an historic district, and shall not contain advertising.
[Amended 5-16-2018 by Ord. No. B-32]
H. 
The sidewalk cafe shall be at the same elevation as the sidewalk, Paint, carpet, platforms, or any other surface cover or treatment of any kind shall not be permitted in the area of the sidewalk cafe, unless expressly permitted by the governing body.
I. 
Outside speakers or other sound reproduction devices shall not be operated or used within a sidewalk cafe for any reason.
J. 
Smoking shall not be permitted within a sidewalk cafe.
K. 
All tables, chairs, and other cafe furniture shall be removed from the sidewalk at the close of business each day and shall be secured. Cafe partitions may remain on the right-of-way overnight, from March 15 through November 15, provided they meet all other conditions and specifications included in this article. During the rest of the year, partitions must be removed from the right-of-way during nonoperating hours.
[Amended 5-16-2018 by Ord. No. B-32; 6-20-2018 by Ord. No. B-45]
L. 
The entire sidewalk area in front of the premises, including 18 inches into the street, must be maintained by sweeping or washing daily or more frequently, as needed, by the licensee.
M. 
No preparation of food or beverages shall take place outdoors, but shall be restricted to the inside of the qualifying establishment.
[Amended 6-20-2018 by Ord. No. B-45]
N. 
(Reserved)[2]
[2]
Editor's Note: Former Subsection N, which stated, "Food service shall be available during all times in which the sidewalk cafe is open for business," was repealed 6-20-2018 by Ord. No. B-45.
O. 
Qualifying establishments that hold a liquor license and wish to extend alcoholic beverage service to the sidewalk cafe shall have completed a "Place to Place/Expansion of Premises" application with the Alcoholic Beverage Control Board. Licensees not covered for the sidewalk area shall not be permitted to serve alcoholic beverages in the sidewalk cafe.
[Amended 6-20-2018 by Ord. No. B-45]
P. 
Sidewalk cafes that permit patrons to bring their own beer or wine shall adhere to all laws governing B.Y.O.B. as set forth in N.J.S.A. Title 33, N.J.A.C. 13:2 and City of Hoboken Municipal Code, Chapter 68.
Q. 
Alcoholic beverages, when permitted under this article, shall not be served or consumed on any sidewalk or any other public area which is outside the partitioned area of the sidewalk cafe.
R. 
No persons, other than those being served and qualifying establishment personnel, shall be within the sidewalk cafe area except for those persons passing through the sidewalk cafe to enter or exit the premises. Patrons shall not be served outside of the partition.
[Amended 6-20-2018 by Ord. No. B-45]
S. 
Holes drilled into the sidewalk for the support of partitions shall be capped when not in use.
[Amended 5-16-2018 by Ord. No. B-32]
T. 
Restaurants and bars that do not have table service shall provide waste receptacles for all used containers, wrappers, bottles, cans and other waste materials. The waste receptacles shall be located within the sidewalk cafe partitioned area, and shall be removed from the sidewalk and secured along with other cafe equipment each day.
[Amended 6-20-2018 by Ord. No. B-45]
U. 
Cafes may be permitted to expand in front of an immediately adjacent property to either side of the licensed restaurant by one property width to either side of the property line of the qualifying establishment, but said expansion shall not exceed 25 feet in length on either side.
[Added 5-16-2018 by Ord. No. B-32; amended 6-20-2018 by Ord. No. B-45]
(1) 
Where a qualifying establishment seeks to expand the cafe area to the front of an adjacent property as permitted herein and the licensee has or has previously received a license, the licensee shall submit a new application for a license, which shall include revised scale drawings as required by § 168-52A(6) (below) depicting the proposed expanded area, and the documents required for a license renewal as delineated in § 168-52 (below) for the current cafe.
(2) 
An initial applicant seeking to have the cafe area expand to the front of an adjacent building as permitted herein shall submit the documentation and follow the procedure delineated in § 168-52 but shall clearly set forth in the application and drawings the expanded area being requested.
(3) 
The owner of the property where the qualifying establishment is located and the owner of the adjacent property shall submit a duly executed consent, in a form acceptable to the City, which has been executed between the parties confirming the adjacent property owner's consent to the extension of the sidewalk cafe, prior to the issuance of a new or amended license.
(4) 
Where a cafe is extended to the front of an adjacent property as permitted herein, the licensee is required to continue to abide by all other regulations delineated herein, including the regulation prohibiting the cafe area from blocking a residential entrance.
A. 
The sidewalk cafe license shall be personal to the applicant, person or business entity, and may not be sold, leased or transferred and shall be deemed revoked by the sale or transfer of lease or title of the building or the business to which the sidewalk cafe is related.
[Amended 5-16-2018 by Ord. No. B-32]
B. 
The term of each license shall commence on January 1 and expire on December 31 of each year. There shall be no proration of license fees, regardless of when the license is obtained.
C. 
All licenses issued pursuant to this article shall permit sidewalk cafe operations year round, any day of the year, except that no cafes shall be operated on the first Saturday in March, or when there is snow obstructing any part of the public right-of-way.
D. 
Hours of operation shall be between 8:00 a.m. and 11:00 p.m. seven days a week, except as permitted in Subsection E of this article; and except that no alcoholic beverages, when permitted under this article, shall be served in a sidewalk cafe before 11:00 a.m. or when restricted by state of local alcoholic beverage control (ABC) laws.
[Amended 5-17-2017 by Ord. No. Z-494]
E. 
Between Memorial Day and Labor Day each calendar year, on Thursday, Friday, and Saturday of each week, hours of operations shall be between 8:00 a.m. and 12:00 midnight.
[Added 5-17-2017 by Ord. No. Z-494]
A. 
Applicants for a sidewalk cafe shall submit the following documents:
(1) 
A completed application form to be issued by the Zoning Officer and available through the Zoning Office and on the City's website.
(2) 
A copy of the qualifying establishment's certificate of liability insurance.
[Amended 6-20-2018 by Ord. No. B-45]
(3) 
A letter of consent from the property owner stating that the qualified establishment and its operator, by name, are permitted to operate a sidewalk cafe in front of the property.
[Amended 6-20-2018 by Ord. No. B-45]
(4) 
A letter from the City of Hoboken Health Department confirming that the applicant is in good standing.
[Amended 6-20-2018 by Ord. No. B-45]
(5) 
First-time applicants shall submit scale drawings of the proposed sidewalk cafe by a licensed architect or engineer and photographs of the storefront and sidewalks, including:
[Amended 5-16-2018 by Ord. No. B-32[1]]
(a) 
All buildings, trees, street furniture and other obstructions in front of the property within 10 feet of the proposed cafe; and
(b) 
All proposed partitions, tables, chairs, signs, and accessories.
[1]
Editor's Note: This ordinance repealed former Subsection A(5), "A letter from the City of Hoboken ABC Board confirming that the applicant restaurant, where applicable, is licensed to sell alcoholic beverages and permitted to extend the service area of its license to the sidewalk cafe," and redesignated former Subsection A(6) and (7) as Subsection A(5) and (6), respectively.
(6) 
First-time applicants for a sidewalk cafe located in an historic district shall also provide a copy of their certificate of approval issued by the Historic Preservation Commission.
[Amended 5-16-2018 by Ord. No. B-32]
B. 
Upon approval, a successful applicant for a sidewalk cafe shall pay an annual license fee of two dollars per square foot of cafe area, with no proration for a partial year.
A. 
The applicant shall file with the Zoning Officer a certificate of liability insurance in the minimum amount of $1,000,000 per occurrence and $2,000,000 in aggregate, naming the City of Hoboken and its agents, servants, and employees as additional insured, which policy shall be kept in full force during the operation of the sidewalk cafe. The policy of insurance must be occurrence-based coverage.
B. 
Each certificate of insurance required hereunder shall include a thirty-day cancellation clause which shall provide notice to the Zoning Office of the City of Hoboken. Any lapse in insurance coverage, for any reason, will result in the immediate suspension of the cafe license.
C. 
In addition to obtaining the insurance coverage, the applicant/owner of the sidewalk cafe shall execute a hold harmless agreement in which the applicant/owner of the sidewalk cafe agrees to save, defend, keep harmless and indemnify the City and all of its officials and employees from and against any and all claims, loss, damages, injury cost, liability or exposure arising out of the granting of this license or the operation of the sidewalk cafe.
D. 
Where a sidewalk cafe is permitted to extend to the front of an adjacent property, a separate and additional insurance policy, in the amount of $1,000,000 per occurrence and $2,000,000 in aggregate, shall be submitted, naming the property owner of the adjoining property before which the cafe will be extended, and the City of Hoboken and its agents, servants, and employees, as additional insureds. This second policy shall also be kept in full force during the operation of the sidewalk cafe, and shall provide occurrence-based coverage.
[Added 5-16-2018 by Ord. No. B-32]
A. 
The Zoning Officer and the Police Department of the City of Hoboken shall have the authority to enforce this article.
B. 
Any person who violates any provision of this article shall be subject to a civil penalty of not less than $150 nor more than $500 per occurrence. If the violation is of a continuing nature, each day during which it occurs shall constitute an additional, separate, and distinct offense.
C. 
The City of Hoboken, through its duly authorized agent, may revoke the license, after notice and a hearing, of any sidewalk cafe licensee who, upon receipt of citation for violation of City or state law or any of the requirements set forth herein, fails to cure the violation within 10 days of said violation.
[Amended 5-16-2018 by Ord. No. B-32]
D. 
The City of Hoboken may require the immediate closure and removal of all sidewalk cafes or other projections or encumbrances upon any street, sidewalk or public easement which are improperly constructed or maintained, or which otherwise create a hazard to the public.
E. 
A licensee aggrieved by any decision to revoke a license, or to close or remove a sidewalk cafe, shall be afforded a hearing before the governing body. Such request for hearing shall be in writing and delivered to the City Clerk, 94 Washington Street, Hoboken, New Jersey, 07030.
F. 
The rules and regulations set forth herein shall be applied to all sidewalk cafe licensees, effective upon adoption of this amended section. Prior conditions that are noncompliant must be abated or approved by the governing body before a license shall be issued for the next following calendar year.
[Amended 6-20-2018 by Ord. No. B-45]
Qualified establishments located in any residential zone, which are licensed to operate a sidewalk cafe at the adoption of this article, and who have a fence that is nonconforming to this article but is in conformance with Chapter 168 (Streets and Sidewalks), Article III (Fences, Gateways and Stairways), of the Municipal Code of the City of Hoboken, shall be permitted to retain said fence until such time as the fence is replaced or substantially altered.