City of Rahway, NJ
Union County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Rahway 7-9-2012 by Ord. No. O-19-12. Amendments noted where applicable.]
GENERAL REFERENCES
Retail food establishments and vendors — See Ch. 217.
Food service personnel — See Ch. 221.
Sidewalk sales, street fairs and block parties — See Ch. 345.
Streets and sidewalks — See Ch. 365.
Food and beverage vending machines — See Ch. 407.
Zoning — See Ch. 421.
A. 
As used in this chapter, the following terms shall have the meanings indicated:
ADJACENT BUILDING
The building whose principal façade fronts on the sidewalk where the outdoor sidewalk cafe is or is proposed to be located.
OUTDOOR SIDEWALK CAFE or CAFE
A restaurant (as defined herein) serving food to be consumed by the public at tables located within that more or less rectangular portion of the sidewalk which lies within the area bounded by the public street, the principal face of the adjacent building and the imaginary perpendicular lines running from the outer edge of such principal face to the public street. An outdoor sidewalk cafe may include an adjacent parklet which has been designated, approved and/or installed by the City.
[Amended 12-11-2017 by Ord. No. O-35-17]
PARKLET
A temporary sidewalk extension into an on-street parking area in the public right-of-way which fronts a commercial establishment and extends not more than nine feet from the curbline designated, approved and/or installed by the City on a temporary seasonal basis, which shall generally run from May 1 to November 1.
[Added 12-11-2017 by Ord. No. O-35-17]
PERMITTED ZONE
The CBD Redevelopment Area; B-1 Neighborhood Business Zone; B-4 Service Business Zone; and B-5 Central Business Zone; all as defined in Chapter 195 of the Code of the City of Rahway; entitled "Zoning," and all as shown on the Zoning Map of the City of Rahway.[1]
PERSON
Any individual, partnership, corporation, association or other entity.
PRINCIPAL FACADE
That portion of the façade of a building which fronts on a public street.
RESTAURANT
An establishment actually located within the adjacent building, the primary activity of which is the preparation and serving of food for consumption by the public, on its premises, whether free or for cost, and where the food to be consumed is served to seated patrons by waiters or waitresses employed for that purpose on utensils of a permanent and durable material designed and capable of being reused; and shall include, by way of example, a restaurant, hotel, coffee shop, tearoom, dining room cafeteria, luncheonette, soda fountain, sandwich shop and the like (other than a "fast-food establishment," as defined in Chapter 217 of the Code of the City of Rahway.[2])
SIDEWALK
The paved surface provided for the exclusive use of pedestrians and situated between and extending from any building to the curb of any street (excluding therefrom any unpaved area.)
[1]
Editor's Note: The Zoning Map is on file in the City offices.
[2]
Editor's Note: See Ch. 217, Retail food establishments and vendors.
B. 
Application; layout plan.
[Amended 8-10-2015 by Ord. No. O-18-15; 12-11-2017 by Ord. No. O-35-17]
(1) 
As part of an application for an outdoor sidewalk cafe, an applicant for same may request the use of an adjacent parklet that has been designated for use by the City. Any approval of the use of an adjacent parklet is subject to the availability of the parklet as solely determined by the City.
(2) 
The applicant shall file an application describing the layout plan and file the application with the Zoning Officer. The layout plan is to include:
(a) 
A description of the proposed design and location of the outdoor sidewalk cafe and/or adjacent parklet, where applicable, and all temporary structures, equipment and apparatus to be used in connection with its operation, including tables, chairs, planters, awnings, lighting and electrical outlets (if any).
(b) 
A statement of seating capacity of the proposed outdoor sidewalk cafe and/or adjacent parklet, where applicable, and of the existing restaurant actually operated by the applicant in the adjacent building and dimensions of the area.
(c) 
A diagram demonstrating that pedestrian traffic along the sidewalk upon which the outdoor sidewalk cafe and/or adjacent parklet, where applicable, is proposed to be located will in no way be impeded, and that the provisions of § 344-8 shall be satisfied.
(d) 
A description of the proposed location of the outdoor sidewalk cafe and/or adjacent parklet, where applicable, showing actual dimensions of the area to be utilized, including the area of frontage and distance from the facade to the curb and/or adjacent parklet frontage, and demonstrating that the pedestrian traffic along the sidewalk will in no way be impeded.
(3) 
The Zoning Officer shall refer the layout plan to the Municipal Planner and Municipal Engineer for their review and recommendations for approval.
(4) 
The Zoning Officer shall review the application, layout plan and recommendations from City officials to whom the layout plan was referred and shall thereupon approve, disapprove or recommend modification of the layout plan within 15 business days following submission.
A. 
No outdoor sidewalk cafe license shall be issued unless the licensee shall have first filed with the Zoning Officer a certificate of insurance, issued by a company duly authorized to transact business under the laws of the State of New Jersey, providing for the payment of not less than $1,000,000 to satisfy all claims for damage by reason of bodily injuries to or the death of any person as a direct or indirect result of the operation of the outdoor sidewalk cafe or for injury to any person occurring on the premises occupied by such cafe, and further providing for the payment of not less than $10,000 to satisfy all claims for property damage occurring as a direct or indirect result of the operation of such cafe.
B. 
The insurance policy shall provide that the insurance company shall notify the City of Rahway 30 days prior to cancellation or substantial change in coverage. The City of Rahway shall be named as an additional insured on any such insurance policies.
[Amended 8-10-2015 by Ord. No. O-18-15]
[Amended 8-10-2015 by Ord. No. O-18-15]
No outdoor sidewalk cafe license shall be issued unless the licensee shall have agreed to forever defend, protect, indemnify and save harmless the City of Rahway, its officers, agents and employees from and against any and all claims, causes of action, injuries, losses, damages, expenses, fees and costs arising out of or which may arise out of the licensee's operation of such outdoor sidewalk cafe.
[Amended 8-10-2015 by Ord. No. O-18-15; 12-11-2017 by Ord. No. O-35-17]
A. 
No outdoor sidewalk cafe license shall be issued unless the licensee shall have agreed, at the option of the City, to either repair at its sole cost and expense any damage caused to the sidewalk and/or adjacent parklet, where applicable, by the operation of the cafe or to reimburse the City in full for all costs and expenses incurred by it in making any such repairs.
[Amended 8-10-2015 by Ord. No. O-18-15]
The fee for an outdoor sidewalk cafe license shall be $20 per season.
[Amended 8-10-2015 by Ord. No. O-18-15]
The season for outdoor sidewalk cafes shall run from May 1 to November 1. All outdoor sidewalk cafe licenses shall be issued annually commencing January 1 of the particular year. Licenses may be renewed annually by the filing of an application in accordance with the provisions of this chapter.
An outdoor sidewalk cafe authorized and operating pursuant to this chapter shall comply with all of the following rules and regulations and such others as may be adopted from time to time by the City Council of the City of Rahway:
A. 
The cafe shall be operated and maintained in accordance with the layout plan as finally approved.
B. 
No furniture, apparatus, decoration or appurtenance used in connection with the operation of the outdoor sidewalk cafe shall be located in such a way as to impede the safe and speedy ingress and egress to or from any building or structure.
C. 
No furniture, apparatus, decoration or appurtenance used in connection with the operation of the outdoor sidewalk cafe shall be located in such a way that less than five feet of paved sidewalk remains for the exclusive use of pedestrians (the required pedestrian passageway), nor shall any such furniture, apparatus, decoration or appurtenance project or protrude into, on or above the required pedestrian passageway.
[Amended 8-10-2015 by Ord. No. O-18-15]
D. 
All outdoor sidewalk cafes shall have an attractive design/layout which enhances the public realm. All furniture, apparatus, decoration or appurtenance used in connection with the outdoor sidewalk cafe shall be of good quality, durable and attractive. All furniture apparatus shall be consistent in color, style and shape. Plastic furniture is not permitted.
[Added 8-10-2015 by Ord. No. O-18-15[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsections D through L as Subsections E through M, respectively.
E. 
Service in the outdoor sidewalk cafe shall be provided by persons engaged or employed for that purpose and shall be furnished to seated patrons only.
F. 
The sidewalk area and/or adjacent parklet, where applicable, utilized for the cafe shall be kept clean and free of litter. Trash receptacles shall be provided as required and approved from time to time by the City.
[Amended 12-11-2017 by Ord. No. O-35-17]
G. 
Noise shall be kept at such a level as to comply in all respects with the provisions of the Code of the City of Rahway.
H. 
Outdoor sidewalk cafes shall be permitted to operate only within the permitted zones and shall not be operated later than 10:30 p.m. from Sunday to Thursday, and no later than 11:30 p.m. on Fridays, Saturdays and evenings prior to public holidays.
I. 
Within 30 minutes after the closing of the outdoor sidewalk cafe, the operator shall have all furniture, apparatus, decoration and appurtenances and any other items used in connection with the operation of such outdoor sidewalk cafe secured in a safe location.
J. 
The operator shall comply with all the requirements of N.J.A.C. 8:24-1 et seq. (also known as "Chapter XII of the New Jersey State Sanitary Code") and N.J.S.A. 23:15-1 et seq.
K. 
The outdoor sidewalk cafe shall be actually operated and maintained by the same person who operates and maintains the related restaurant of which the cafe is a part and an extension.
L. 
The operator shall comply with all other ordinances of the City of Rahway.
M. 
The provisions of this chapter shall be in addition to the requirements for outdoor dining areas under Chapter 421, Article V, Supplementary Use Regulations.[2]
[2]
Editor's Note: See Ch. 421, Zoning.
[Amended 12-11-2017 by Ord. No. O-35-17; 7-9-2018 by Ord. No. O-17-18]
A. 
The sidewalk area upon which an outdoor sidewalk cafe has been authorized to operate pursuant to this chapter shall constitute premises duly licensed for the sale and consumption of alcoholic beverages; provided, however, that the sidewalk cafe must be contiguous to or adjoining the licensed premises; and provided further, however, that specific approval has been obtained from the City of Rahway for the extension of the alcoholic beverage consumption license to the contiguous or adjoining sidewalk area. Such approval shall be sought as a place-to-place transfer in accordance with state alcoholic beverage control regulations and is separate from, and must be obtained in addition to, the license to operate an outdoor sidewalk cafe pursuant to this chapter.
B. 
The parklet area, upon which there has been authorization to operate pursuant to this chapter, shall constitute premises duly licensed for sale and consumption of alcoholic beverages; provided, however, that the parklet must be contiguous to or adjoining the licensed premises; and provided, further, that specific approval must be sought from the State Alcoholic Beverage Commission and written consent from the Municipal Clerk and the Chief of Police and a temporary extension of premises permit.
C. 
Patrons of an outdoor sidewalk cafe and/or adjacent parklet, where applicable, that does not have a liquor license to sell alcoholic beverages on the sidewalk area and/or adjacent parklet upon which the outdoor sidewalk cafe and/or adjacent parklet has been authorized to operate pursuant to this chapter may consume alcoholic beverages provided by such patron (BYOB).
A. 
Upon a determination by an officer or an employee of the City of Rahway charged with the responsibility for enforcing the provisions of this chapter that a licensee has violated one or more of such provisions, such officer or employee shall give written notice to the licensee to correct such violation within 24 hours of the receipt of such notice by the licensee. In the event that the licensee fails or refuses to correct such violation within such period, the licensee's outdoor sidewalk cafe license shall thereupon and automatically be revoked.
B. 
Upon the revocation of such license, the licensee, upon written request, shall be entitled to a hearing before the City Council of the City of Rahway within 30 days of the date of its request.
Any person convicted of a violation of any of the provisions of this chapter shall be punished by a fine not exceeding $500 for each violation. Each violation of a section or subsection of this chapter, and each day that a violation continues, shall constitute a separate offense.