[Adopted 3-23-2011 by Ord. No. 1549-2011]
As used in this Article, the following terms shall have the meanings indicated:
BAR
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.
NIGHTCLUB
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.
RESTAURANT
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.
RESTAURANT, CLASS I
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.
RESTAURANT, CLASS II
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.
RETAIL FOOD ESTABLISHMENT
A grocery store, convenience store, or market in which food or drink is sold for off-premises preparation and/or consumption.
SIDEWALK
That portion of the public easement which lies between the building line and the curb.
SIDEWALK CAFE
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.
SIDEWALK EXTENSION
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]
TAVERN/PUB
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; 5-11-2022 by Ord. No. 2028-2022; 5-22-2024 by Ord. No. 2159-2024]
A. 
No person may operate a sidewalk cafe without obtaining a license from the Code Enforcement 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.
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.
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 6-17-2012 by Ord. No. 1641-2012; 6-12-2013 by Ord. No. 1682-2013; 9-27-2017 by Ord. No. 1860-2017; 5-11-2022 by Ord. No. 2028-2022; 5-22-2024 by Ord. No. 2159-2024]
A. 
Applicants for a sidewalk cafe and/or sidewalk extension shall submit the following documents to the Perth Amboy Office of Code Enforcement:
(1) 
A completed application form to be issued by and available through the City Code Enforcement 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.
(a) 
All buildings, trees and street furniture within ten (10) feet of the proposed cafe and/or extension must be included in the plans.
(b) 
All tables, chairs and accessory equipment must also be shown.
(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.
B. 
Any person submitting an initial application for a sidewalk cafe shall pay an application fee of one hundred dollars ($100.).
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.
D. 
Reserved.
E. 
Reserved.
F. 
Reserved.
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.
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.
[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.
[Amended 6-12-2013 by Ord. No. 1682-2013; 9-27-2017 by Ord. No. 1860-2017; 5-22-2024 by Ord. No. 2159-2024]
A. 
The Zoning Officer and the Police Department of the City of Perth Amboy shall have the authority to enforce this Article.
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.
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.
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.
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 Code Enforcement Office.
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.