[HISTORY: Adopted by the City Council of the City of the
Township of Orange 8-2-00 by Ord.
No. 15-2000. Amendments noted where applicable.]
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:
The building whose principal facade fronts on the sidewalk
where the sidewalk cafe is or is proposed to be located.
Any individual, partnership, corporation, association or
other entity.
That portion of the facade of a building, which fronts on
a street.
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.
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.
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).
A retail food establishment (as defined herein):
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;
Serving food in unbreakable dishes and providing plastic single
use utensils;
Containing readily removable tables and chairs of a type customarily
sold for outdoor use, temporary railings and/or planters; and
Unenclosed by fixed walls or ceilings.
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.
A.
Each applicant for a sidewalk cafe license shall submit and file
an application form with the Department together with six (6) copies
of a cafe plan (as defined below) and the appropriate fee. The application
shall set forth:
(1)
The name and address of the applicant;
(2)
The name and address of the owner of the adjacent building (if other
than the applicant); and
(3)
The name and address of the person who has prepared the cafe plan;
and shall be accompanied by the written authorization and approval
of the owner of the adjacent building (if other than the applicant).
B.
The term "cafe plan" shall mean a plan setting forth the following
information, and such other information, if any, as may be deemed
necessary and subsequently requested by the city:
(1)
Identification of the adjacent building and properties immediately
adjacent to such building;
(2)
A scaled drawing of the proposed design and location of the sidewalk
cafe, all temporary structures, equipment and apparatus to be used
in connection with its operation, including tables, chairs, planters,
lighting and electrical outlets (if any), provisions for the storage
of such structures, equipment and apparatus, proposed signage and
the location of any fire hydrant, plug or standpipe, utility pole,
parking meter stanchion, telephone booth, or other permanent fixture
between the adjacent building and the curb, including a clear indication
of the presence of the required pedestrian passageway. If the sidewalk
is less than fifteen (15) feet wide, the cafe must be located adjacent
to the principal facade. The plan shall be drawn to scale, but need
not be professionally drawn.
(3)
A statement of the seating capacity of the proposed sidewalk cafe
and of the existing retail food establishment actually operated by
the applicant in the adjacent building. The Department of Public Works
shall refer the cafe plan to the Police Director, Fire Director, Uniform
Construction Code Official, Health Officer and Housing and Zoning
Officer who shall review such cafe plan, verify whether there are
any outstanding code violations for the retail food establishment
(i.e., zoning, property maintenance, building and fire codes) and
provide a written recommendation to the Department of Public Works
within five (5) business days.
The Department shall approve or disapprove the cafe plan, based
upon its compliance with this chapter, no later than twenty (20) business
days from the date of submittal of a complete application and plan.
C.
A person may renew a sidewalk cafe license if they had obtained a
sidewalk cafe license in the immediately preceding year and if the
cafe plan is substantially the same as when the original application
was approved. The Department shall provide the appropriate renewal
form to be utilized in lieu of the sidewalk cafe license application.
All other requirements for a sidewalk cafe license shall continue
to apply.
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.
A.
A nonrefundable one-time fee of one hundred dollars ($100.) shall
be submitted with every new application for a sidewalk cafe license.
A new applicant shall be any person who was not the holder of a sidewalk
cafe license in the immediately preceding calendar year.
B.
For all persons who held a sidewalk cafe license in the immediately
preceding year, an annual inspection fee of fifty dollars ($50.) shall
be submitted no later than twenty (20) business days prior to the
re-opening of the existing sidewalk cafe.
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.
A.
A sidewalk cafe authorized and operating pursuant to this chapter
shall comply with all of the following rules and regulations, and
such others as may be adopted from time to time by ordinance of the
City Council:
(1)
The cafe shall be operated and maintained in accordance with the
cafe plan as finally approved, and by the same person who operates
and maintains the abutting retail food establishment;
(2)
The placement of furniture, apparatus, decoration or appurtenance
used in connection with the operation of the sidewalk cafe in relation
to any fire hydrant, plug or standpipe permanent fixture shall be
approved by specific written authorization of the Fire Director based
upon his review of the cafe plan;
(3)
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, or otherwise pose a hazard to the general
public;
(4)
No furniture, apparatus, decoration or appurtenance used in connection
with operation of the sidewalk cafe shall be located in or project
or protrude into the required pedestrian passageway;
(5)
Any table service provided at the sidewalk cafe shall be provided
by persons engaged or employed for that purpose and shall be furnished
to seated patrons only. Table service is not required inside retail
food establishments that do not provide table service and such retail
food establishments may operate sidewalk cafes in which patrons carry
their food from inside the premises to tables located in the sidewalk
cafe;
(6)
The sidewalks by the sidewalk cafe shall be kept clean and free of
litter and shall be washed as necessary, but at least daily. Covered
trash receptacles shall be provided and maintained (emptied) by the
retail food establishment operator;
(7)
One (1) temporary sign not exceeding six (6) square feet in area,
nonilluminated and displayed at a height not exceeding six (6) feet
shall be permitted. The wording of such temporary sign shall be limited
to the name of the person conducting business on the sidewalk cafe
and may state the items and prices of food offered for sale. The temporary
sign shall not be placed on the adjacent building or on any structure
and shall be removed after the closing of the sidewalk cafe, as set
forth below. The following types of signs and decorations are prohibited:
(a) signs painted or lettered on banner-type material; and (b) moving,
fluttering and flapping pennants, flags, balloons and similar decorations;
(8)
Noise shall be kept at such a level as to comply in all respects
with the provisions of applicable ordinances. Exterior lighting shall
be directed onto the sidewalk cafe and shall not intrude on adjacent
properties;
(9)
Sidewalk cafes shall be permitted to operate only from 7:00 a.m.
until 11:00 p.m.;
(10)
Within thirty (30) minutes after the closing of the sidewalk
cafe, the licensee shall remove from the sidewalk all furniture, trash
receptacles, apparatus, decorations and appurtenances, and any other
materials or items used in connection with the operation of such sidewalk
cafe. All such materials and items shall be stored in a safe and secure
location approved by the Fire Director, and shall not be stored in
food preparation or food storage areas;
(11)
No food may be prepared or stored in the sidewalk cafe or outside
the adjacent building;
(12)
The licensee shall comply with all other ordinances of the City
of Orange.
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.
