[HISTORY: Adopted by the Mayor and Council of the Borough of River Edge 6-17-2013 by Ord. No. 1790. 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 with facilities to serve same on its premises, which shall include restaurants, bakeries, ice cream parlors, 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.
- That portion of the public easement that lies between the building line and the curb.
No sidewalk cafe shall 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.
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.
No outdoor dining area shall be located within any public right-of-way.
A minimum four-foot-wide area of unobstructed paved surface shall be available for pedestrian movement around or through the outdoor cafe. No outdoor dining area shall be located less than eight (8) feet from any driveway and/or parking area unless the applicant installs protective bollards or barriers as approved by the Borough Engineer.
All outdoor dining areas shall be limited to not more than 15% of the total maximum permitted seating for the establishment.
Tables shall be arranged so that the side of each table shall be as close as practical to the adjacent wall of the food establishment it is associated with, provided that in no event shall the establishment be allowed more than one table and two chairs for every five feet of storefront of the establishment requesting the outdoor dining.
Tables shall be limited to two-seat tables. The maximum permitted depth of the table, as measured from the nearest wall it abuts, shall be 40 inches.
Table umbrellas are permitted for outdoor cafes on sidewalks, subject to the following:
Umbrellas shall only be permitted at the permitted outdoor cafe tables, and the number of umbrellas shall be no more than the number of tables permitted.
The size of the umbrellas shall allow at least a vertical clearance under the umbrella of six feet eight inches. The width of the umbrella and its placement shall be such as to leave a four-foot-wide unobstructed path of sidewalk parallel to the curb across the entire frontage of the property in question.
All umbrellas shall be vented and properly secured with pins or bolts through the table framework, with weighted umbrella stands directly beneath the table to prevent toppling in high winds.
Umbrellas shall not be illuminated, and signs are only permitted on the valance of the umbrella.
The maintenance and daily removal of umbrellas shall be in conformance with the standards of this chapter.
No food or drink shall be prepared or stored other than in the interior of the eating establishment.
No tables, chairs or other equipment shall be attached, chained or in any manner affixed to any tree, post, sign, curb or sidewalk, or property of the Borough.
No outdoor loudspeaker, public address system, radio or similar device shall be utilized.
The applicant shall remove all chairs, tables and other equipment from the sidewalk at the close of business each day unless the chairs, tables and other equipment are surrounded by a partition that separates the sidewalk cafe area from the public portion of the sidewalk. The 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.
The area utilized for the sidewalk cafe shall be cleared of any obstruction and cleaned of refuse, debris and/or food waste at the close of business on each day.
The Borough shall not require additional parking for outdoor cafe seating.
Operation of open sidewalk cafes shall be permitted from April 15 through November 30 inclusive. The hours of operation shall be 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, and then only upon proper revision of the liquor license applicable to the premises with the Borough and/or New Jersey Alcoholic Beverage Commission, as required.
The Borough shall grant a revocable license renewable each year for seasonal operation for limited sidewalk cafes. The Zoning Code Official shall prepare an application form, and shall be responsible for reviewing all submitted applications to ensure that the owner and operator 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 the following:
The name, address and telephone number of the applicant and property owner, and written authorization of the owner of the property in question, and the street address and block and lot number of the property in question.
A survey, schematic or other evidence illustrating the location and number of proposed tables, chairs, planters, awnings or other fixtures proposed to be located in the outdoor cafe.
The drawing shall illustrate the location of any doors leading from the food establishment to the outdoor dining area. No such door may be obstructed in any manner, the dimension and location of the unobstructed space permitting the passage of pedestrian traffic around or through the outdoor cafe.
A statement of the seating capacity of the existing food establishment and the proposed seating capacity of the outdoor dining area shall be shown.
The Borough, through its duly authorized agents, reserves the right to revoke the license of any sidewalk cafe license for failure of any licensee to comply with this chapter or for violation of any other applicable federal, state, county or municipal law, regulation or ordinance. Any license issued hereunder is issued upon the express understanding that the licensee obtains no property right thereunder nor any interest in the continuation of said license. It shall be considered a violation of this chapter for any persona to operate an outdoor cafe after the suspension or termination of the applicable license.
The Borough expressly reserves the right to require removal of all sidewalk cafes or other projections or encumbrances upon any street, sidewalk or public easement which are improperly constructed or maintained.
In addition to the powers or suspension or revocation as set forth above, the Borough reserves the right to modify, suspend or revoke any license on five days' written notice if the Borough determines that pedestrian traffic is, in fact, impeded or made unsafe because of the operation of the outdoor cafe or because of any other safety issue which the Borough determines adversely affects the Borough because of such operation. The license may also be suspended or revoked on five days' written notice in the event that the Borough determines that it is necessary to utilize the area or any part thereof for the maintenance or installation of underground utilities. In the event of any emergency, which is certified by the Borough Administrator, the license may be suspended or revoked without notice.
Applications for renewal of permits shall be made in the same manner as original applications.
Licenses shall be personal to the applicant, and any change or transfer in the ownership interest of the business entity or establishment utilizing the license shall terminate the license and shall require new application and a new license in conformance with all of the requirements of this chapter.
The applicant must have a comprehensive general liability insurance policy issued by a company authorized to do business in the State of New Jersey in effect at the time of the application and show proof thereof. 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 restaurant operator. The Borough of River Edge and the County of Bergen must be designated as an additional insured on the operator's policy as well as on the property owner's policy affording coverage set forth below in the amounts specified:
The insurance coverage required by this section shall at all times be maintained for the full amount. The policy of insurance required by this section to be filed with the Zoning Code Official shall contain a clause obligating the company issuing the same to give not less than 30 days' written notice to the Borough Clerk before cancellation or amendments of any terms thereof. Notice of cancellation shall not relieve the company issuing such policy of liability for any injury or claim arising.
The applicant shall also file with the Zoning Code Enforcement Official a statement agreeing to indemnify and hold harmless the Borough of River Edge, County of Bergen, and their agents, servants, representatives or employees from any and all claims, damages, judgment costs or expenses, including attorneys fees, which they or any of them may incur or be required to pay because of any personal injury, including death, or property damage suffered by any person or persons as a result of or related in any way to the operation and maintenance of the outdoor dining for which the license is issued.
Any person, firm, company, or corporation violating any of the provisions of this chapter, shall, upon conviction thereof, be subject to a fine of not less than $100 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 that fails to comply 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.