[HISTORY: Adopted by the City Council of the City of Camden 12-14-2006 by Ord. No.
MC-4258 (Ch. 469 of the 1987 Code). Amendments noted
where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
FOOD ESTABLISHMENT
Any restaurant, cafe, cafeteria, or place of business operated
for the purpose of serving food and/or drinks.
SIDEWALK
Refers to that area of public right-of-way reserved for pedestrian
traffic from the curb to the front line of the building housing the
food establishment.
SIDEWALK CAFE
Any food establishment where food and/or drinks are served
upon the public right-of-way, namely the sidewalks directly in front
of any food establishment, or where permitted on private property
as provided in this chapter.
It shall be unlawful for any food establishment to create, establish,
operate, maintain, or otherwise be engaged in the business of operating
a sidewalk cafe upon the sidewalks of the City of Camden, or on private
property, unless such food establishment shall hold a currently valid
license issued pursuant to the terms of this section.
No license shall be issued hereunder unless the food establishment
demonstrates that a minimum of four feet, beginning at the curbline,
will be available for pedestrian traffic around such sidewalk cafe
and that such sidewalk cafe be directly in front of a food establishment.
No food or drinks served at such sidewalk cafe shall be prepared or
stored other than in the interior of the food establishment. Outdoor
buffets and similar outside food storage and preparation outlets are
strictly prohibited. The phrase "directly in front of," as used in
this chapter, shall confine the sidewalk cafe to the area represented
by an extension of each side of the building housing the food establishment
projected directly to the curbline directly in front thereof.
Application for the license required hereunder shall be made
to the Zoning Officer and shall be signed by the applicant. The application
shall contain the following information:
A. The name, residence, address, and telephone number of each individual,
owner, partner, or, if a domestic corporation, the names, residences,
addresses, and telephone numbers of the directors and officers owning
a 10% or greater interest in the corporation and the chief operating
executive of the corporation, and if a nondomestic corporation, the
name, residence, address, and telephone number of the managing officer
for service of process within the State of New Jersey and a copy of
said nondomestic corporation's authorization to conduct business
in the State of New Jersey.
B. A copy of the trade, corporate, business, or fictitious name upon
which the applicant intends to do business pursuant to this section.
C. The address and description of each place where the applicant intends
to establish or operate a sidewalk cafe.
D. The name and address of the food establishment owning the premises,
if other than the applicant, and the consent of the owner of the premises
to the application.
E. Thirteen sets of a proposed layout plan containing scaled drawings
prepared by a licensed professional architect or engineer dearly illustrating
the number, type of materials, color and location of all tables, chairs,
umbrellas, or other furnishings or fixtures intended to be located
in the sidewalk cafe. All tables and chairs must be constructed of
material of sufficient weight so as to not be affected by high winds.
The perimeter of the sidewalk cafe shall be defined and set off by
a portable-type enclosure, which may include live potted plantings
on City property. The enclosure shall define the perimeter of the
area to be used as a sidewalk cafe and shall separate it from the
pedestrians traversing the adjacent sidewalk. The enclosure shall
not contain doors or windows nor air-conditioning or heating equipment
and shall be open at all times to the air, and the barrier shall not
have a height of more than three feet. Awnings or outdoor umbrellas
extending over the enclosure are permitted, provided that the lowest
portion of the awning or umbrella is not less than seven feet above
the adjacent sidewalk and does not extend more than one foot beyond
the enclosure. The scaled drawings shall also illustrate the following:
(1) The location of any doors leading from the food establishment to
the sidewalk cafe. No such doors may be obstructed in any manner.
(2) The number of feet and location of unobstructed space permitting
free passage of pedestrian traffic around each sidewalk cafe.
(3) The location of the place where any food or drink is intended to
be prepared.
(4) The enclosure or protective barrier separating the eating and serving
area of each sidewalk cafe from pedestrian traffic.
(5) The location of all bus stops, fire hydrants, utility poles, benches,
handicap ramps, street furniture, trees and any other fixtures permanently
located on the sidewalk in front of the food establishment or within
10 feet thereof on either side or any side.
(6) The type and location of any proposed outdoor lighting fixtures and
should include the following information: mounting height, lamp type,
and lumens. Any open-flame-type fixture shall only be permitted with
the approval of the Fire Official.
(7) An application fee as set forth in the Code of the City of Camden.
The Zoning Officer will review the application for completeness
and compliance with the terms of this chapter. If the application
is complete, the Zoning Officer will act upon the same within 10 business
days of the submission and specifically detail the areas in which
the application lacks compliance with the requirements of this chapter.
If the application complies with this chapter, the Zoning Officer
shall issue a license strictly subject to the terms and conditions
of this chapter.
The license is issued to and held by the applicant, and any
change or transfer of ownership of the sidewalk cafe shall terminate
the license and shall require a new application and a new license
in conformance with all of the requirements of this chapter.
Acceptance of the license by the applicant shall operate as
a consent to the health, fire, police, and building officials of the
City of Camden to inspect the sidewalk cafe for continued compliance
with the terms and conditions of this chapter and any federal, state,
county or local law, ordinance or regulation affecting the same.
No license required by this chapter shall be granted to any
food establishment to operate a sidewalk cafe until such food establishment
shall have filed with the Zoning Officer a statement agreeing to indemnify
and hold harmless the City of Camden, its agents, servants, representatives,
or employees from any or all claims, damages, judgment costs or expenses,
including attorney's 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 sidewalk
cafe for which the license is issued.
Any license issued hereunder is issued solely as a revocable
license which shall be subject to revocation or suspension pursuant
to all applicable provisions of the Code of the City of Camden 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 rights thereunder
and no interest in the continuation of said license.
It shall be unlawful for any food establishment to operate a
sidewalk cafe after the suspension or termination of the applicable
license.
Each licensee is responsible for keeping the area of the sidewalk
cafe and the adjacent sidewalks and streets free and clear of debris
or litter attributable to the sidewalk cafe. Areas must be cleaned
as needed and at the time that business is closed and at the beginning
of each business day.
No vending machines of any kind are permitted on the exterior
of any building operating a sidewalk cafe.
No signs shall be permitted in the area of the sidewalk cafe
except easel and awning signs complying with this chapter and all
other applicable provisions of the Code of the City of Camden.
In addition to the powers of suspension or revocation as set
forth above, the City of Camden reserves the right to modify, suspend,
or revoke any license on 10 days' written notice if the City
determines that the sidewalk cafe has violated the terms and/or conditions
of its approval, is a hazard to public safety or because of any other
safety issue within the City because of such operation. The license
may also be suspended or revoked on 10 days' written notice in
the event that the City 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 an emergency, which emergency
is certified by the Director of Code Enforcement, the license may
be suspended or revoked without notice.
The license, when issued, shall be valid for one year. If there
is no change in use, a renewal license, upon payment of renewal fee
as set forth in the Code of the City of Camden, may be issued by the
Zoning Officer upon submission of a renewal application. The applicant
shall certify on the application no change in the scope or use from
the previously issued license.
No tables, chairs, or other equipment used in the sidewalk cafe
shall be attached, chained or in any manner affixed to any tree, post,
sign, curb or sidewalk or property of the City of Camden within or
near the licensed area. All equipment used in connection with the
operation of a sidewalk cafe shall be of sufficient size and weight
to avoid being blown about by the wind. No food items shall be served
upon paper, styrofoam, plastic or with plastic utensils. All equipment,
tables, chairs, umbrellas, etc. pertaining to the outdoor seating
area shall be removed at the end of each and every evening and secured
within the confines of the building. No equipment, tables, chairs
or any other material of any kind shall be permitted to remain outdoors
during hours in which the business is not open to the public and operating.
The licensee agrees at the end of the license period, or in
the event that the license is temporarily or permanently suspended
or revoked, that the licensee will at his own cost and expense vacate
the sidewalk space and promptly remove any property placed thereon.
Failure to do so on five days' written notice shall grant to
the City the right to remove any property on the sidewalk, and the
licensee agrees to reimburse the City for the cost of removing and
storing the same.