[G.O. No. 1631, § I; G.O. No. 1702, §§ I — IV; G.O. No. 1837, § I]
As used in this article, the following terms shall have the meaning indicated:
PRINCIPAL BUILDING — The building whose principal facade fronts on the sidewalk where the sidewalk cafe is, or is proposed to be located. The "principal facade" shall be the face of the principal building facing the street right-of-way.
PERMITTED ZONE — The CBD Zone and GB-1 Zone as defined in the Westfield "Land Use Ordinance" and as shown on the zoning map of the Town of Westfield.
PERSON — Any individual, partnership, corporation, limited liability company, association, or other entity.
RESTAURANT — An establishment actually located within the principal building, the primary activity of which is the preparation of food for consumption by the public on its premises.
SIDEWALK — The paved surface provided for the exclusive use of pedestrians and situated between and extending from any building line to the curb of any street (excluding therefrom any unpaved area).
SIDEWALK CAFE or CAFE — A restaurant as defined herein which also is characterized by the following:
The consumption of food by the public at tables located within that more or less rectangular portion of the sidewalk which lies within the area bounded by the public street, the principal facade, and the imaginary perpendicular lines running from the outer edge of such principal facade to the public street; and
Containing readily removable tables, chairs, temporary railings and/or planters; and
Unenclosed by fixed walls or ceilings, fences, except for retractable awnings, removable barriers, umbrellas or other nonpermanent enclosures.
OBSTRUCTION — Any tree, trash receptacle, street curb, parking meter, newspaper box, street sign or basement entry hatch lying within the area of the sidewalk cafe.
SERVICE ITEMS — All dishes, utensils, containers, tablecloths, napkins, cutlery and other items used in the operation or decoration of the sidewalk cafe.
[G.O. No. 1631, § I; G.O. No. 1702, § V]
No person shall operate a sidewalk cafe within the Town of Westfield without first obtaining a sidewalk cafe license and satisfying all the requirements of this article. The license shall be initially issued by the Town Council and may contain conditions. All renewals of a sidewalk cafe license issued shall also be issued by the Town Council.
[G.O. No. 1631, § I; G.O. No. 1702, §§ VI, VII; G.O. No. 1814, § I]
Each applicant for a sidewalk cafe license shall submit and file an application with the Town Clerk, together with three copies of a development plan (as defined below), and the appropriate fee. The application shall set forth:
The name and address of the applicant,
The name and address of the owner of the principal building (if other than the applicant), and
The name and address of the person who has prepared the development plan; and shall be accompanied by the written authorization and approval of the owner of the principal building (if other than the applicant).
The term "development plan" shall mean a written plan setting forth the following information and such other additional information, if any, as may be subsequently requested by the Town.
A description of the principal building and a description of all properties immediately adjacent to such building; and
A description of the proposed design and location of the sidewalk cafe, its dimensions and all temporary structures, equipment, and apparatus to be used in connection with its operation, including tables, temporary fences and barriers, planters, serving carts, chairs, awning, umbrellas (including any name to be displayed thereon), lighting and electrical outlets (if any); and
A statement of the seating capacity of the proposed sidewalk cafe and of the existing restaurant actually operated by the applicant in the principal building; and
A diagram demonstrating that pedestrian traffic along the sidewalk on which the sidewalk cafe is proposed to be located will in no way be impeded; and that the provisions of Section 24-54 be satisfied. Such diagram shall also include a drawing of the sidewalk cafe itself with all appurtenances and shall show all obstructions located within the area of the sidewalk cafe. The diagram shall be drawn to scale and shall include all dimensions of any and all items located or proposed to be located within the area of the sidewalk cafe. The development plan shall be referred to the chief of the Fire Department, or other appropriate official designated by the Town administration from time to time to review such plans, who shall thereupon recommend approval, disapproval or modification of the plan within 10 business days following its submission. The Fire Chief may also refer the development plan to Chief of Police, zoning officer, Construction Official, health officer and the Town Engineer, and the municipal planner for their review and recommendation; and
If any service items shall be made of disposable or non-reusable materials, the proposed means for disposal of such service items, together with a drawing of the design of the proposed trash receptacles to be utilized.
[G.O. No. 1631, § I]
No sidewalk cafe license shall be issued unless the licensee shall have first filed with the Town Clerk a copy of an insurance policy or certificate of insurance, issued by a company duly authorized to transact business under the laws of this State, providing for the payment of not less than $1,000,000 to satisfy all claims for damage by reason of bodily injuries to, or the death of, any person as a direct or indirect result of the operation of the sidewalk cafe or for injury to any person occurring on the premises occupied by such cafe, and further providing for the payment of not less than $10,000 to satisfy all claims for property damage occurring as a direct or indirect result of the operation of such cafe and naming the Town of Westfield as an additional insured.
[G.O. No. 1631, § I]
No sidewalk cafe license shall be issued unless the licensee shall have first executed and filed with the Town Clerk an indemnification agreement pursuant to which the licensee, in further consideration of the issuance of the license, shall agree to forever defend, protect, indemnify and save harmless the Town of Westfield, 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 sidewalk cafe.
[G.O. No. 1631, § I]
No sidewalk cafe license shall be issued unless the licensee shall have first executed and filed with the Town Clerk a maintenance agreement pursuant to which the licensee, in further consideration of the issuance of a license, shall agree, at the option of the Town, to either repair at its sole cost and expense, any damage caused to the sidewalk by the operation of the cafe, or to reimburse the Town in full for all costs and expenses incurred by it in making any such repairs.
The Town Clerk may require a bond to be filed by the licensee in an amount to be fixed by the Town.
[G.O. No. 1631, § I; G.O. No. 1874, § II]
The fees for a sidewalk cafe license shall be as follows:
[G.O. No. 1631, § I; G.O. No. 1727; amended 11-1-2016 by G.O. No. 2071]
All sidewalk cafe licenses shall be issued for the period commencing March 1 and ending November 30 of a particular year. Licenses may be renewed annually by filing of an application in accordance with the provisions of § 24-48.
[G.O. No. 1631, § I; G.O. No. 1702, §§ VIII — X]
A sidewalk cafe authorized and operating pursuant to this article shall comply with all of the following regulations and specifications and such others as may be adopted from time to time by resolution of the Town Council of the Town of Westfield:
The cafe shall be operated and maintained in accordance with the development plan as finally approved.
No furniture, apparatus, decoration or appurtenance used in connection with the operation of the sidewalk cafe shall be placed within 50 feet of any fire hydrant, plug or standpipe without the specific written authorization of the chief of the Fire Department; and
No furniture, apparatus, decoration, or appurtenance used in connection with the operation of the 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. At least six feet of unobstructed walkway shall be provided for access from any door or opening on the business facade to the street.
No furniture, apparatus, decoration or appurtenance used in connection with the operation of the sidewalk cafe shall be located in such a way that less than six feet of paved sidewalk unobstructed by any obstructions 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. All sidewalk cafes shall have portable barriers or planters not less than three feet nor more than four feet in height which shall be placed around the sidewalk cafe area on the sidewalk to define the cafe area and the unobstructed pedestrian passageway area.
Service items shall be made of nondisposable and reusable materials; provided, however, that upon a showing of need by the applicant and of adequate provision of outdoor waste receptacles for the disposal of disposable and nonreusable materials, a sidewalk cafe license may provide for the use of disposable and nonreusable service items. The furniture to be used in the operation of the sidewalk cafe shall be made of durable material, such as sturdy vinyl/plastic, wrought iron or wood. Tables shall have a diameter not larger than 24 inches.
The sidewalk area utilized by the cafe shall be kept clean and free of litter. Sidewalks shall be washed daily and trash receptacles shall be provided as required and approved from time to time by the Town.
Noise shall be kept at such a level as to comply in all respects with the provisions of the Union County Noise Control Ordinance.
Sidewalk cafes shall be permitted to operate only within the permitted zone and only from 10:00 a.m. until 10:00 p.m. from March 1 through November 30 of a particular year.
[Amended 11-1-2016 by G.O. No. 2071]
Within 30 minutes after the closing of the cafe, the operator shall have all furniture, apparatus, decorations, barriers, planters and appurtenances and any other items used in connection with the operation of such cafe removed from the sidewalk. All such materials shall be stored in a safe and secure interior location.
The operator shall comply with all the requirements of N.J.S.A.C. 8:24-1 et seq. (also known as Chapter XII of the New Jersey State Sanitary Code) and N.J.S.A. 24:15-1 et seq.
The 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.
The operator shall comply with all other ordinances of the Town of Westfield.
Notwithstanding anything to the contrary in this article or any other laws and ordinances of the Town but subject to the review and approval of the Town Council, a person may be permitted to display the name of the establishment operating the cafe on umbrellas to be used at the cafe.
[G.O. No. 1702, § XI]
Notwithstanding anything to the contrary contained in this article or any other laws and ordinances of the Town of Westfield, the Town Council may issue licenses to operate sidewalk cafes which may otherwise vary from certain of the other requirements of this article. The issuance of such licenses shall be on terms and conditions as the Town Council may deem fit and may include, but shall not be limited to, the following situations: (a) the issuance of licenses to establishments that are not situated in the permitted zone; (b) the issuance of licenses to establishments which may not be deemed to be restaurants under this article; (c) the inclusion of certain private property as part of a particular sidewalk cafe; and (d) the establishment of hours of operation which may differ from the requirements otherwise set forth in this article. All renewals of such licenses shall also be issued by the Town Council.
[G.O. No. 1702, § XII]
Notwithstanding anything to the contrary contained in this article or any other laws and ordinances of the Town of Westfield, the Town may temporarily suspend a sidewalk cafe license in the event of emergency or for other reasons or purposes including, but not limited to, the facilitation of Town-sponsored events.
[G.O. No. 1631, § I; G.O. No. 1874, § I]
The sidewalk area of an establishment that holds a Class C Plenary Retail Consumption license (license holder) upon which a cafe has been authorized to operate pursuant to this article may constitute premises for the sale and consumption of alcoholic beverages provided that the license holder of the restaurant of which the cafe is a part obtains a place to place transfer of its existing liquor license to include the cafe area pursuant to the applicable provisions of Chapter 4 of the Code of the Town of Westfield and N.J.S.A. 33:1-1 et seq. Such approval shall be separate from, and must be obtained in addition to, the license to operate a sidewalk cafe pursuant to this article.
An establishment that does not hold a Class C Plenary Retail Consumption license may permit patrons, as provided by N.J.S.A. 2C:33-27, to consume wine and beer on the sidewalk area upon which the cafe has been authorized to operate. All restrictions placed on establishments pursuant to N.J.S.A. 2C:33-27 will be strictly enforced.
[G.O. No. 1631, § I; G.O. No. 1702, § XIII; G.O. No. 1814, § II]
The chief of the Fire Department of the Town of Westfield (or his designee) shall be charged with the responsibility for enforcing the provisions of this article. Upon a determination by the Fire Chief (or his designee) that a licensee has violated one or more of such provisions, the Fire Chief shall give written notice to the licensee to correct such violation within 24 hours of the receipt of such notice by the licensee. In the event that the licensee fails or refuses to correct such violation within such period, the licensee's sidewalk cafe license shall thereupon, and automatically, be revoked.
Upon the revocation of such license, the licensee, upon written request, shall be entitled to a hearing before the Town Council of the Town of Westfield within 14 days of the date of its request.
[G.O. No. 1631, § I]
Any person convicted of a violation of this article shall be subject to a fine not to exceed $500 or 90 days imprisonment, or both. Each violation of a section or subsection of this article, and each day that a violation continues shall constitute a separate offense.