[Adopted 3-23-2011 by Ord. No. 1549-2011]
As used in this Article, the following terms shall have the
meanings indicated:
A place of business whose primary function is the on-premises
sale and consumption of alcoholic beverages. Food may be prepared
and consumed on site but is incidental to the purpose of the establishment.
An establishment dispensing liquor and in which music, dancing,
or entertainment is conducted. Food may or may not be served but is
incidental to the purpose of the establishment.
Any establishment primarily for the serving of food and drink
and offering tables and chairs for the use of dining patrons, where
the tables and chairs utilize more than fifty percent (50%) of the
customer service area.
A restaurant which is designed for and whose primary function
and operation is the preparation and service by employees of food
and drink to a customer or customers seated at the counter, bar or
table at which the meal is consumed. A Class One restaurant operates
without substantial carry-out service and/or delivery service. A Class
One restaurant may, on occasion, feature live music entertainment
provided there is no interruption of food service to patrons and dancing
is not permitted.
A restaurant whose primary function is the preparation and
service by employees of food and drink to customers as part of an
operation designed to include substantial carry-out service; delivery
service; self-service, and which may also include on-premises consumption.
A grocery store, convenience store, or market in which food
or drink is sold for off-premises preparation and/or consumption.
That portion of the public easement which lies between the
building line and the curb.
Partitioned sidewalk space beyond the building line used
to accommodate tables, chairs, and the serving of food and drink to
patrons of a restaurant fronting on that space.
A temporary structure designed to extend the sidewalk onto
existing parking spaces for sidewalk cafes only.
[Added 9-27-2017 by Ord.
No. 1860-2017; amended 5-11-2022 by Ord. No. 2028-2022]
An establishment in which alcoholic beverages are served,
primarily by the drink, and where food is also prepared and served,
but where tables and chairs utilize less than fifty percent (50%)
of the customer service area.
[Amended 6-12-2013 by Ord. No. 1682-2013; 9-27-2017 by Ord. No. 1860-2017; 1-24-2018 by Ord. No. 1872-2018]
A.
No person may operate a sidewalk cafe without obtaining a license
from the Clerk and Zoning Officer of the City of Perth Amboy.
B.
No sidewalk cafe shall be permitted to project into a sidewalk more
than one-half the width of said sidewalk or eight (8) feet, whichever
is less, but in no case shall it extend so far as to leave less than
four (4) feet unobstructed for pedestrian traffic; except in areas
where the sidewalk is twenty (20) feet or more wide from the building
line to the curb, then a sidewalk cafe may be permitted to project
into a sidewalk a maximum of ten (10) feet.
C.
Where an operating restaurant is located on a corner, both the front
and side sidewalk areas fronting the restaurant may be used for the
sidewalk cafe.
D.
Sidewalk cafes shall be permitted only in front of an operating restaurant
that is a permitted conforming use under the city's zoning ordinances.
Locations seeking to expand a prior nonconforming or conditional use
shall be required to obtain the appropriate variance from the City
of Perth Amboy Planning Board or Zoning Board of Adjustment.
E.
Sidewalk cafes may be permitted in front of bars, nightclubs, taverns,
pubs or retail food establishments as defined herein.
[Amended 5-11-2022 by Ord. No. 2028-2022]
F.
Sidewalk extensions cannot be placed in handicap designated parking
spaces, unless it is permissible and feasible to move the handicap
space to an adjacent space.
G.
Sidewalk extensions may be placed in locations other than outside
of restaurants.
[Amended 5-11-2022 by Ord. No. 2028-2022]
A.
All establishments licensed to operate a sidewalk cafe shall display
the license in an unobstructed location on the door or a window of
the primary business which faces onto the sidewalk.
B.
No permanent form of space delineation or construction for the sidewalk
cafe will be permitted within the public right-of-way.
C.
The sidewalk cafe area shall be partitioned on three (3) sides, by
a movable structure separating the sidewalk cafe from the public portion
of the sidewalk, and which is no less than thirty (30) inches in height
and no more than thirty-six (36) inches in height, providing one (1)
opening for entrance and exit which is no less than forty-two (42)
inches in width and no more than sixty (60) inches in width, and whose
boundaries allow patrons and pedestrians to clearly ascertain the
entrance and exit to the sidewalk cafe area.
D.
At no time shall the sidewalk cafe partition, tables, chairs, and
other cafe furniture block any residential entrance.
E.
The sidewalk cafe may have an overhead covering, consisting of either an individual umbrella over each table or a retractable awning covering all tables and chairs. Any such umbrella must have a minimum clearance of eight (8) feet from the sidewalk to the bottom of the umbrella. Any awning must comply with the requirements of Subsections F and G of this Article.
F.
The sidewalk cafe partition and overhead covering shall be appropriate
in style to the facade of the building and shall not contain advertising.
Uniform design standards and color schemes for such partitions and
coverings may be established by city resolutions.
G.
The sidewalk cafe shall be at the same elevation as the sidewalk.
Paint, carpet, platforms, or any other surface cover or treatment
of any kind shall not be permitted in the area of the sidewalk cafe,
unless expressly permitted by variance.
H.
Commercial wall mounted electric heating units are permitted provided
that all Uniform Construction Code and Electrical Subcode requirements
for installation are met and a certificate of approval has been issued
by the Construction Code Official. Heating units must be mounted not
less than eight (8) feet above sidewalk grade and shall not project
more than twelve (12) inches from the facade. Heating units must be
mounted in such a way that they may be removed when not in use. Operating
controls must be located within the interior of the restaurant or
in a secure location not accessible to the general public.
I.
Musical instruments, outside speakers or other sound reproduction
devices shall not be operated or used within a sidewalk cafe for any
reason.
J.
Smoking shall not be permitted within a sidewalk cafe and/or sidewalk
extensions.
[Amended 9-27-2017 by Ord. No. 1860-2017]
K.
The sidewalk cafe partition, overhead covering, and all tables, chairs,
and other cafe furniture shall be removed from the sidewalk at the
close of business each day. Where planters have been approved as a
part of the movable structure, those planters shall be placed against
the storefront facade over night.
L.
The entire sidewalk area in front of the premises, including eighteen
(18) inches into the street, must be maintained by sweeping or washing
daily or more frequently, as needed, by the licensee. All areas comprising
the sidewalk cafe and/or sidewalk extension, including tables and
chairs and barriers, shall remain clean and orderly at all times.
[Amended 9-27-2017 by Ord. No. 1860-2017]
M.
No preparation of food or beverages shall take place outdoors but
shall be restricted to the inside of the licensed establishment.
N.
Food service shall be available during all times in which the sidewalk
cafe is open for business. Window service shall be permitted in an
established sidewalk cafe.
[Amended 6-12-2013 by Ord. No. 1682-2013]
O.
Restaurants which hold a liquor license, and who wish to extend service
area to the sidewalk cafe shall have completed a "Place to Place Transfer"
with the Alcoholic Beverage Control Board and received approval prior
to any such service. Licensees not covered for the sidewalk area shall
not be permitted to serve alcoholic beverages in the sidewalk cafe.
P.
Sidewalk cafes that permit patrons to bring their own beer or wine
shall adhere to all laws governing B.Y.O.B. as set forth in N.J.S.A.
Title 33, N.J.A.C. 13:2 and City of Perth Amboy Municipal Code.
Q.
Alcoholic beverages, when permitted under this Article, shall not
be served or consumed on any sidewalk or any other public area which
is outside the partitioned area of the sidewalk cafe.
R.
The number of patrons served in the sidewalk cafe shall be limited
to the maximum number indicated on the sidewalk cafe license. No persons
other than those being served and restaurant personnel shall be within
the sidewalk cafe area except for those persons passing through the
sidewalk cafe to enter or exit the restaurant proper.
S.
Holes drilled into the sidewalk for the support of movable partitions
shall be capped when not in use.
T.
Class II restaurants that do not have table service, shall provide
waste receptacle(s) for all used containers, wrappers, bottles, cans
and other waste materials. The waste receptacles shall be located
within the sidewalk cafe partitioned area, and shall be removed from
the sidewalk along with other cafe equipment each day.
[Amended 5-11-2022 by Ord. No. 2028-2022]
U.
Reserved.
[Deleted 5-11-2022 by Ord. No. 2028-2022]
V.
All chairs, tables, and other pieces of furniture must be removed
from the sidewalk and/or sidewalk cafe and/or sidewalk extension by
the end of hours of operation.
[Added 9-27-2017 by Ord.
No. 1860-2017]
W.
Promotional material and/or advertising of any sort is prohibited
on the premises of a sidewalk cafe and/or sidewalk extension.
[Added 9-27-2017 by Ord.
No. 1860-2017]
X.
Reserved.
[Added 9-27-2017 by Ord.
No. 1860-2017; deleted 5-11-2022 by Ord. No. 2028-2022]
A.
The sidewalk cafe license shall be personal to the applicant; person
or business entity, and may not be sold, leased or transferred and
shall be deemed revoked by the sale or transfer of lease or title
to the building or the business to which the sidewalk cafe is related.
B.
Any and all licenses issued pursuant to this Article shall permit
sidewalk café operations beginning on April 1 and terminating
on October 31 of each year.
[Amended 5-11-2022 by Ord. No. 2028-2022]
C.
Hours of operation shall be between 8:00 a.m. and 10:00 p.m. seven
(7) days a week; except that no alcoholic beverages, when permitted
under this Article, shall be served in a sidewalk cafe before 12:00
noon.
D.
Sidewalk extensions shall be permitted from April 1st, as observed
in that issued calendar year, to October 31st, as observed in that
issued calendar year.
[Added 9-27-2017 by Ord.
No. 1860-2017]
E.
The City of Perth Amboy may remove sidewalk extensions in the event
of severe storms or weather conditions or public safety emergencies.
[Added 9-27-2017 by Ord.
No. 1860-2017]
[Amended 5-11-2022 by Ord. No. 2028-2022]
A.
Applicants for a sidewalk cafe and/or sidewalk extension shall submit
the following documents to the Perth Amboy City Clerk:
(1)
A completed application form to be issued by and available through
the City Clerk's office.
(2)
A copy of the applicant's certificate of liability insurance.
(3)
A letter of consent from the property owner stating that the applicant
and its operator, by name, are permitted to operate a sidewalk cafe
and/or extension in front of their property.
(4)
A letter from the Middlesex County Health Department confirming that
the applicant is in good standing.
(5)
A letter from the City of Perth Amboy ABC Board confirming that the
applicant, where applicable, is licensed to sell alcoholic beverages
and permitted to extend the service area of their license to the sidewalk
cafe and/or extension.
(6)
First time applicants shall submit scale drawings of the proposed
sidewalk cafe and/or extension and photos of the property.
(7)
Applicants for renewal of a previously licensed cafe and/or extension
shall submit a photo and sketch of the location and dimensions of
the sidewalk cafe and/or extension, the number and placement of tables
and chairs, and all other accessory equipment and information deemed
necessary by the Zoning Officer. Scaled architectural plans shall
not be required for renewal, unless the sidewalk cafe and/or extension
is located on a street that has had obstructions added or removed
since its last licensing, or in front of a building that has been
significantly altered since the last licensing.
(8)
A plan for litter removal, trash handling, and overall cleanliness
and maintenance of sidewalk cafe and sidewalk extensions, if applicable.
[Amended 9-27-2017 by Ord. No. 1860-2017]
B.
Any person submitting an initial application for a sidewalk cafe
shall pay an application fee of one hundred dollars ($100.).
[Amended 6-12-2013 by Ord. No. 1682-2013]
C.
Upon approval, any successful initial or renewal applicant for a
sidewalk cafe shall pay an annual license fee, with no proration for
a partial year, as provided below:
Base fee, all cafes: $100.
[Amended 6-12-2013 by Ord. No. 1682-2013; 5-11-2022 by Ord. No. 2028-2022]
D.
Reserved.
[Deleted 5-11-2022 by Ord. No. 2028-2022]
E.
Reserved.
[Added 6-17-2012 by Ord.
No. 1641-2012; deleted 5-11-2022 by Ord. No. 2028-2022]
F.
Reserved.
[Added 9-27-2017 by Ord.
No. 1860-2017; deleted 5-11-2022 by Ord. No. 2028-2022]
G.
Upon approval, any successful initial or renewal applicant for a
sidewalk extension shall pay an annual license fee, with no proration
for a partial year, as provided below:
Base fee, all extensions: $350.
[Added 9-27-2017 by Ord.
No. 1860-2017]
H.
All applications for sidewalk extensions must be reviewed by the
Perth Amboy Police Department and Perth Amboy Fire Department and
Perth Amboy Department of Code Enforcement for compliance with public
safety and utility. The Perth Amboy Police Department and Perth Amboy
Fire Department and Perth Amboy Department of Code Enforcement must
approve of the extension as part of the application process.
[Added 9-27-2017 by Ord.
No. 1860-2017]
[Amended 9-27-2017 by Ord. No. 1860-2017]
A.
The applicant shall file with the Zoning Officer, a certificate of
liability insurance in the minimum amount of one million dollars ($1,000,000),
naming the City of Perth Amboy and its agents, servants, and employees
as additional insured, which policy shall be kept in full force during
the operation of the sidewalk cafe and/or sidewalk extension. The
policy of insurance must be occurrence based coverage.
B.
Lapse in insurance coverage will result in the immediate suspension
of the cafe and/or extension license.
C.
In addition to obtaining the insurance coverage, the applicant/owner
of the sidewalk cafe and/or sidewalk extension shall execute a hold
harmless agreement in which the applicant/owner of the sidewalk cafe
and/or sidewalk extension agrees to save, defend, keep harmless and
indemnify the city and all of its officials and employees from and
against any and all claims, loss, damages, injury cost, liability
or exposure arising out of the granting of this license or the operation
of the sidewalk cafe and/or sidewalk extension.
A.
The Zoning Officer and the Police Department of the City of Perth
Amboy shall have the authority to enforce this Article.
[Amended 6-12-2013 by Ord. No. 1682-2013]
B.
Any person who violates any provision of this Article shall be subject
to a civil penalty. For a first offense the licensee shall receive
a written warning. For a second offense the court may impose a fine
of not less than $150 nor more than $500. For each offense thereafter
the court may impose a fine of not less than $250 nor more than $1,000
and the city shall revoke the sidewalk cafe and/or sidewalk extension
license upon receipt of notification of a third conviction for violation
of this Article. If the violation(s) is of a continuing nature, each
day during which it occurs shall constitute an additional, separate,
and distinct offense.
[Amended 6-12-2013 by Ord. No. 1682-2013; 9-27-2017 by Ord. No. 1860-2017]
C.
The City of Perth Amboy, through its duly authorized agent, may revoke
the license of any sidewalk cafe and/or sidewalk extension licensee
who, upon receipt of citation for violation of city or state law or
any of the requirements set forth herein, fails to cure the violation
within ten (10) days of said citation.
[Amended 9-27-2017 by Ord. No. 1860-2017]
D.
The City of Perth Amboy may require the immediate closure and removal
of all sidewalk cafes and/or sidewalk extension or other projections
or encumbrances upon any street, sidewalk or public easement which
are improperly constructed or maintained, or which otherwise create
a hazard to the public.
[Amended 9-27-2017 by Ord. No. 1860-2017]
E.
A licensee aggrieved by any decision to revoke or suspend a license,
or to close or remove a sidewalk cafe and/or sidewalk extension, may
request a hearing within twenty (20) days of notice and shall be afforded
a hearing before the City Council. Such request for hearing shall
be in writing and delivered to the City Clerk.
[Amended 9-27-2017 by Ord. No. 1860-2017]
F.
The rules and regulations set forth herein shall be applied to all
sidewalk cafe and/or sidewalk extensions licensees, effective upon
adoption of this amended section. Prior conditions that are noncompliant
must be abated or approved by variance issued by the Planning Board
before a license shall be issued for the next following calendar year.
[Amended 9-27-2017 by Ord. No. 1860-2017]
