[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]
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.
[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).
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.