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City of Passaic, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Passaic 5-11-2010 by Ord. No. 1834-10. Amendments noted where applicable.]
GENERAL REFERENCES
Entertainment — See Ch. 129.
Outdoor seating at food establishments — See Ch. 149, Art. XII.
Junkyards and junk shops — See Ch. 173.
Littering — See Ch. 179.
Garage and yard sales — See Ch. 234.
Special sales — See Ch. 235.
Shopping carts — See Ch. 243.
Streets and sidewalks — See Ch. 259.
Vending machines — See Ch. 299.
Zoning — See Ch. 317.
[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.[1]
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]
[1]
Editor's Note: See Ch. 149, Food Establishments; Ch. 91, Body Piercing; and Ch. 217, Poultry Markets.
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.
(11) 
Section 259-1[1] of the Passaic City Code shall not apply to the placement of outdoor retail sales equipment on the public areas if a permit is obtained pursuant to this chapter.
[1]
Editor's Note: See Ch. 259, Streets and Sidewalks.
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.
D. 
A seasonal sidewalk sales permit may only be issued to a retail or commercial establishment permitted in accordance with Chapter 100[2] and maintaining a valid certificate of occupancy.
[2]
Editor's Note: See Ch. 100, Certificates of Occupancy and Tenancy.
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:
(1) 
When deemed necessary, directional or other informational signs; and
(2) 
Any other condition that may be deemed necessary and/or appropriate to the protection of pubic health, safety and welfare.
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]
H. 
Plans and specifications for an addition, alteration or modification of an outdoor retail sales area shall be submitted to the City Clerk for review and approval in accordance with the requirements of Code Chapters 100 and 317,[3] as the same may be from time to time amended and supplemented.
[3]
Editor's Note: See Ch. 100, Certificates of Occupancy and Tenancy, and Ch. 317, Zoning.
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.
[1]
Editor's Note: See Ch. 177, Licenses.
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.