The City Council of the City of Orange Township has determined
that the establishment of sidewalk cafes permitting dining will promote
the public interest by creating an attractive pedestrian environment
for its business during the day and night and will foster a pleasant
and distinctive ambiance within the city. The purpose of this chapter
is to establish the appropriate regulations to license and regulate
this activity in order to insure that the health, safety and welfare
of the city is protected.
As used in this chapter, the following terms have the meanings
indicated:
ADJACENT BUILDING
The building whose principal facade fronts on the sidewalk
where the sidewalk cafe is or is proposed to be located.
PERSON
Any individual, partnership, corporation, association or
other entity.
PRINCIPAL FACADE
That portion of the facade of a building, which fronts on
a street.
REQUIRED PEDESTRIAN PASSAGEWAY
An area of sidewalk, parallel to the principal facade, at
least five (5) feet wide between the adjacent building and the adjacent
curb, which area shall be unobstructed by trees and light poles, trash
receptacles, parking meter posts, telephone booths and similar structures.
RETAIL FOOD ESTABLISHMENT
The establishment actually located within the adjacent building
for which a current food establishment permit has been issued by the
Department of Health, and shall include, by way of example, a restaurant,
hotel, coffee shop, tea room, dining room, cafeteria, luncheonette,
soda fountain, sandwich shop, delicatessen, and the like.
SIDEWALK
The paved surface provided for the exclusive use of pedestrians
in the public right-of-way and situated between and extending from
any building to the curb of any street (excluding therefrom any unpaved
area).
SIDEWALK CAFE OR CAFE
A retail food establishment (as defined herein):
(1)
Serving food to be consumed by the public at tables located
within that more or less rectangular portion of the sidewalk which
lies within the area bounded by the street, the principal facade of
the adjacent building, and the imaginary perpendicular lines running
from the outer edge of such principal facade to the street;
(2)
Serving food in unbreakable dishes and providing plastic single
use utensils;
(3)
Containing readily removable tables and chairs of a type customarily
sold for outdoor use, temporary railings and/or planters; and
(4)
Unenclosed by fixed walls or ceilings.
THE DEPARTMENT
The Department of Planning and Development of the City of
Orange.
No person shall operate a sidewalk cafe within the City of Orange
Township without first obtaining a sidewalk cafe license and satisfying
all of the requirements of this chapter.
No sidewalk cafe license shall be issued unless the licensee
shall have first filed adequate proof that the following insurance
requirements have been provided:
A. The following wording must appear on the insurance certificate:
"The certificate holder (City of Orange) is included as an additional
insured as respects losses arising solely from the operation of the
Sidewalk Cafe, or the Retail Food Establishment."
B. Thirty (30) days' written notice of cancellation must be provided
to the city.
C. Insurance in force must be written by a company licensed to do business
in the State of New Jersey and rated "A- or better" by A.M. Best Rating
and the certificate shall so state: "Rated by A.M. Best Rating."
D. Minimum coverage requirements are:
(1) General aggregate — $2,000,000/ $1,000,000/ $1,000,000;
(2) Products and completed operation aggregate — $1,000,000;
(3) Personal and advertising injury — $1,000,000;
(4) Each occurrence — $1,000,000;
(5) Fire damage (any one fire) — $50,000;
(6) Medical expense (any one person) — $5,000;
(7) Worker's compensation — Statutory requirements;
(8) Employer's liability — $100,000 (each accident), $500,000
(Disease policy limit), $100,000 (Disease — each employee).
No sidewalk cafe license shall be issued unless the licensee
shall have first executed and filed with the Department 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 City of Orange, its officers, agents
and employees, from and against any and all claims, causes of actions,
injuries, losses, damages, expenses, fees and costs, including attorneys'
fees, arising out of or which may arise out of the licensee's
operation of such sidewalk cafe, or the retail food establishment.
All sidewalk cafe licenses shall be issued annually for a period from April 1st to November 30th. Licenses may be renewed annually by the filing of an application and payment of the license fee in accordance with the provisions of Sections
179-4 and
179-7 of this chapter. The city may temporarily suspend a sidewalk cafe license if access to the sidewalk is needed in connection with public work to be performed in the area, upon prior notice to the holder of the affected sidewalk cafe license.
The sidewalk area upon which a sidewalk cafe has been authorized
to operate pursuant to this chapter may constitute premises duly licensed
for the sale and consumption of alcoholic beverages provided, however,
that the retail food establishment is so licensed and provided further,
however, that specific approval has been obtained from the City of
Orange Township Alcoholic Beverage Control Board for the extension
of the alcoholic beverage consumption license to the sidewalk cafe.
Such approval shall be separate from and must be obtained in addition
to, the license to operate a sidewalk cafe pursuant to this chapter.
Retail food establishments which do not have a license to sell
alcoholic beverages within their premises shall not be permitted to
allow patrons to carry onto or consume alcoholic beverages on any
sidewalk area licensed as a sidewalk cafe hereunder.
Upon a determination by the Department that a licensee has violated
one or more of the provisions of this chapter, the Department shall
give written notice to the licensee to correct such violation within
twenty-four (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 may
thereupon be suspended upon written notice to the licensee. If the
violations continue unabated for a period of thirty (30) consecutive
days or if a licensee is cited for three (3) or more violations of
this chapter in any calendar year, even if corrected, the licensee
may have his sidewalk cafe license revoked.
Any person aggrieved by any action of the Department, in the
denial or revocation of a sidewalk cafe license, shall have the right
to appeal to the Business Administrator or his or her designee. The
appeal shall be taken by filing with the Department, within thirty
(30) days after the notice of the action complained of has been served
personally upon the licensee, or mailed, postage prepaid, to the licensee
at the address given by the licensee on the application form, a written
statement setting forth fully the grounds for appeal. The Department
shall set a time and place for the appeal, (which shall be no later
than ten (10) business days after the appeal is filed) at which time
the Business Administrator shall conduct a hearing and affirm, modify
or reverse the action appealed from.
Any person convicted of a violation of any of the provisions
of this chapter shall be subject to a fine of at least two hundred
dollars ($200.) and not exceeding one thousand dollars ($1,000.) for
each and every offense or ninety (90) days imprisonment, or both.
Each violation of a section or subsection of this chapter, and each
day that a violation continues, shall constitute a separate offense.
If any section, paragraph, subsection, clause or provision of
this chapter shall be adjudged invalid, such adjudication shall apply
only to the section, paragraph, subsection, clause or provision invalidated,
and the remainder of this chapter shall be valid and enforceable.
All ordinances or parts of ordinances inconsistent herewith
are hereby repealed. This chapter shall become effective upon final
passage and publication according to law.