[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:
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.
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.
A.
No outdoor dining area shall be located within any public right-of-way.
B.
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.
C.
All outdoor dining areas shall be limited to not more than 15% of
the total maximum permitted seating for the establishment.
D.
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.
E.
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.
F.
Table umbrellas are permitted for outdoor cafes on sidewalks, subject
to the following:
(1)
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.
(2)
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.
(3)
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.
(4)
Umbrellas shall not be illuminated, and signs are only permitted
on the valance of the umbrella.
(5)
The maintenance and daily removal of umbrellas shall be in conformance
with the standards of this chapter.
G.
No food or drink shall be prepared or stored other than in the interior
of the eating establishment.
H.
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.
I.
No outdoor loudspeaker, public address system, radio or similar device
shall be utilized.
J.
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.
K.
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.
L.
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.
A.
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:
(1)
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.
(2)
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.
(3)
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.
(4)
A statement of the seating capacity of the existing food establishment
and the proposed seating capacity of the outdoor dining area shall
be shown.
B.
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.
C.
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.
D.
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.
E.
Applications for renewal of permits shall be made in the same manner
as original applications.
F.
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.
A.
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:
B.
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.
C.
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.
A.
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.
B.
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.
