[HISTORY: Adopted by the Mayor and Council of the Borough of Northvale 6-13-2012 by Ord. No. 908-2012. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- FOOD SERVICE ESTABLISHMENT
- A facility established primarily for the preparation and service of food and drink on its premises, which shall include restaurants, bakeries, ice cream parlors, taverns, delicatessens, and similar establishments.
- LIMITED SIDEWALK CAFE
- The utilization of sidewalk space beyond the building line to accommodate the serving of food and drink to patrons of a food service establishment, immediately fronting on that sidewalk space, which space is unenclosed and does not have walls, but has a partition to separate it from the pedestrian area of the sidewalk.
- A three-sided, nonpermanent, movable barrier designed to separate the limited sidewalk cafe from the public portion of the sidewalk.
- That portion of the public easement that lies between the building line and the curb.
No limited sidewalk cafe may operate within the Borough unless and until the owner or operator has fully complied with and continues to comply with all of the criteria set forth in this chapter.
No limited sidewalk cafe shall be permitted to project into a sidewalk or public easement more than half the width of said sidewalk or eight feet, whichever is less, but in no case shall it extend so far as to leave less than six feet for pedestrian traffic; except in areas where the sidewalk is 20 feet or more from the lot line to the curb, then a limited sidewalk cafe may be permitted to project into a sidewalk or public easement a maximum of 10 feet.
Limited sidewalk cafes shall only be permitted in front of an operating food service establishment that has previously acquired all of the required licenses and/or permits needed to operate within the Borough. In those situations where an operating food service establishment is located on a corner, both the front and side street area of the food service establishment may be utilized.
The limited sidewalk cafe shall consist of tables and chairs set in front of the food service establishment which shall be surrounded by a partition to separate the limited sidewalk cafe area from the public portion of the sidewalk.
The required partition shall be no less than 30 inches in height and shall not exceed 36 inches in height, and the design of the partition shall provide boundaries which will allow patrons and pedestrians to clearly ascertain the entrance and exit to the premises.
No advertising signs, banners or menus shall be placed (on), draped or attached to the partition, and the partition shall be appropriate to the facade of the building.
The limited sidewalk cafe shall have an overhead covering, consisting of either an individual umbrella over each table or a retractable awning covering all tables and chairs.
The partition and all tables and chairs shall be removed from the sidewalk at the close of business each day; and after they are removed, the area utilized for the limited sidewalk cafe shall be cleared of any obstruction and cleaned of refuse and/or food waste.
No audio speakers may be placed outside of the food service establishment.
No planters, flower boxes, menu stands, decorative items or the like may protrude outside the partition area in order to keep clear the pedestrian right-of-way.
Operation of open sidewalk cafes shall be permitted from April 1 through November 30, inclusive. The hours of operation shall be from 8:00 a.m. until 10:00 p.m. on Sundays through Thursdays, and 8:00 a.m. until 11:00 p.m. on Friday and Saturday, except that no alcoholic beverages may be served before 12:00 p.m. on any day.
The Borough shall grant a revocable license, renewable each year, for seasonal operation at a fee of $100 per season for limited sidewalk cafes seating 16 or fewer patrons and a seasonal operation fee of $200 for limited sidewalk cafes seating over 16 patrons. The Borough Clerk shall prepare an application form and shall be responsible for reviewing all submitted applications to ensure that they demonstrate adherence to all of the conditions set forth in this chapter and all applicable Borough and state laws and regulations. Included within the application shall be a survey, schematic or other evidence of the location of the boundary line of the limited sidewalk cafe.
The Borough, through its duly authorized agents, reserves the right to revoke the license of any limited sidewalk cafe licensee who, upon the expiration of 10 days after receipt of notice from the Borough or its agents of a violation of state law or any of the requirements set forth in this chapter, fails to cure the violation.
The Borough expressly reserves the right to require the removal of all limited sidewalk cafes or other projections or encumbrances upon any street, sidewalk or public easement which are improperly constructed or maintained.
The applicant shall file with the Borough Clerk a certificate of liability insurance in the minimum amount of $100,000, naming the Mayor and Council of the Borough of Northvale as coinsureds, which policy shall be kept in full force during the operation of the open sidewalk cafe.
Any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine of not less than $50 nor exceeding $1,000, or imprisonment for a period not exceeding 90 days, or both, and each and every day in which said violation exists shall constitute a separate violation.
Any person, firm, company, or corporation which fails to comport with the criteria for establishment of a limited sidewalk cafe set forth in this chapter shall be deemed to have violated this chapter and shall face the above fines and/or penalties.