[HISTORY: Adopted by the City Council of the City of Rahway 7-9-2012 by Ord. No.
O-19-12. Amendments noted where applicable.]
A.
ADJACENT BUILDING
OUTDOOR SIDEWALK CAFE or CAFE
PARKLET
PERMITTED ZONE
PERSON
PRINCIPAL FACADE
RESTAURANT
SIDEWALK
As used in this chapter, the following terms shall have the meanings
indicated:
The building whose principal façade fronts on the
sidewalk where the outdoor sidewalk cafe is or is proposed to be located.
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]
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 April 1 to November 1.
[Added 12-11-2017 by Ord.
No. O-35-17; amended 5-8-2023 by Ord. No. O-20-23]
The CBD Redevelopment Area; B-1 Neighborhood Business Zone; B-4 Service Business Zone; the Arts District Redevelopment Area and the West Grand Overlay; all as defined in Chapter 421 of the Code of the City of Rahway; entitled "Zoning," and all as shown on the Zoning Map of the City of Rahway.[1]
[Amended 6-13-2022 by Ord. No. O-18-22; 5-8-2023 by Ord. No. O-20-23]
Any individual, partnership, corporation, association or
other entity.
That portion of the façade of a building which fronts
on a public street.
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])
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.)
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; 5-8-2023 by Ord. No. O-20-23]
The fee for an outdoor sidewalk cafe license shall be $25 per
season.
[Amended 8-10-2015 by Ord. No. O-18-15; 6-13-2022 by Ord. No. O-18-22; 5-8-2023 by Ord. No. O-20-23]
The season for outdoor sidewalk cafes shall run from April 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 four feet of paved unobstructed 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. Required unobstructed sidewalks may not contain barriers,
trees, grass areas, signs, utility poles or similar.
[Amended 8-10-2015 by Ord. No. O-18-15; 6-13-2022 by Ord. No. O-18-22; 5-8-2023 by Ord. No. O-20-23]
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]]
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.
[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.
