City of Lambertville, NJ General Licensing

Submit to criminal history checks (fingerprinting) at a designated Live Scan facility;

Have reached his or her 21st birthday;

Not have had a license revoked in any other state; and

AUTOMATIC OR ELECTRONIC AMUSEMENT DEVICE

Possess a currently valid, State of New Jersey issued driver's license.

Fingerprinting. No license shall be granted to operate a taxicab to any person, or to any partnership or corporation who is not, or the members of or officer of which are not persons of good moral character, or who has, or if any of the members of the partnership, or officers of the corporation have been convicted of any following crimes: aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault or endangering the welfare of a child pursuant to N.J.S.A. 2C:24-4, whether or not armed with or having in his possession any weapon enumerated in subsection r of N.J.S.A. 2C:39-9, or other than a disorderly persons or petty disorderly persons offense for the unlawful use, possession or sale of a controlled dangerous substance as defined in N.J.S.A. 2C:35-2. In any other state, territory, commonwealth, or other jurisdiction of the United States, or any country in the world, as a result of a conviction in a court of competent jurisdiction, a crime which in that other jurisdiction or country is comparable to one of the crimes enumerated in paragraph one of the subsection. If a person who has been convicted of one of the crimes outlined in this subsection or in P.L. 2011, c.135 (A1471 3R), and can produce a certificate of rehabilitation issued pursuant to N.J.S.A. 2A:168A-8 or if the criminal offense occurred outside New Jersey, an equivalent certificate from the jurisdiction where the criminal offense occurred, the criminal offense shall not disqualify the applicant from operating or driving an auto cab and/or taxicab.

Issuance of License; Number Limited; Transfer Fee. The Mayor's designee shall have the power to issue or refuse to issue a license, in pursuance of the terms of this section. The number of licenses shall not exceed four, on per vehicle, four vehicles in total. Any license hereafter issued may be transferred upon the payment of a transfer fee of $50 for each and every such transfer, and subject to the provisions of subsection 5-1.5, upon obtaining the approval in writing of the Mayor's designee.

Inspection Required Before Issuance of License. No auto cab or taxicab shall be licensed until it has been thoroughly and carefully inspected and examined by the Police Department and found to be in a thoroughly safe condition for the transportation of passengers. Such licensed taxicabs shall be clean, fit and of good appearance and well painted and varnished. Side curtains or shades shall not be permitted on any such licensed vehicles. The Department shall refuse a license to any applicant or, if already issued, revoke or suspend the license of any vehicle found to be unsafe for the transportation of passengers. All reports of such inspections and examinations, after having been submitted to the Mayor's designee shall be filed with the City Clerk and become a part of the application filed for the licensing of such vehicle, as hereinafter provided.

Contract Compliance Review Board. The Contract Compliance Review Board shall consist of the Mayor or the Mayor's designee, the Police Director and one member of the local Chamber of Commerce. It is the responsibility of the Contract Compliance Review Board to take measures to ensure that all provisions of this ordinance have been met.

The first complaint or inspection by the Police Department when a taxicab company is found to be noncompliant will result in the immediate suspension of services of the taxicab service until the company can provide the proper documentation or address the area of concern to the satisfaction of the Contract Compliance Review Board;

The second complaint or documented review where the company is found to be out of compliance or negligent, a hearing will be scheduled with the Contract Compliance Review Board. The Review Board will decide whether to suspend or terminate the license or to allow the company to continue to provide services under the license.

In the event of a suspension or termination of a license, the City of Lambertville will not prorate the fee of a license.

Display Requirements. Every licensed taxicab shall display prominently in the interior of the auto/taxicab and in a manner required or approved by the Mayor's designee, the following:

Its City license number;

A photo identification of the driver; and

A contract compliance placard, provided by the City, which advises the public on how to submit a complaint to the Contract Compliance Review Board.

Register to Be Maintained. The City Clerk shall keep a register of the name of each person owning or operating vehicle or vehicles licensed under this section, together with the license number and the description, make dimension of such vehicles, with the date and complete record of inspections made of them. All applications for licenses shall be filed by the City Clerk and carefully preserved for reference. All licenses issued shall be recorded in books provided for that purpose, which shall be in such form as the Mayor's designee shall prescribe. All such records shall be open to the inspection of the public at all reasonable times and shall be deemed the official records of the Department and of the City.

Inspection, Written Reports Required. The Police Department shall maintain a constant vigilance over all taxicabs to see that they are kept in a condition of safety for the transportation of passengers, and to this end shall have the right at any and all times to inspect any and all licensed vehicles, and shall maintain a record, in writing of a report of such inspections. All taxicabs found to be out of compliance with this subsection will be given one warning. The second time they are found to not be in compliance with this subsection will require an appearance before the Compliance Review Board.

Insurance. As defined in N.J.S.A. 48:16-3, no such consent shall become effective until the owner of the auto cab shall have filed with the clerk of the municipality in which such operation is permitted, an insurance policy of a company duly licensed to transact business under the insurance laws of this State conditioned for the payment of business unless the applicant shall have complied with the provisions of Chapter 231 of the Laws of 1926, embodied in N.J.S.A. 48-16, et seq., N.J.S.A. 39:6B-1 and P.L. Chapter 135, Assembly number 1471 of the State of New Jersey, and the acts amendatory thereof or supplemental thereto, relating to the filing of an insurance policy covering the owner or operator of such vehicles for damages to person for which he may become liable by reason of the ownership, maintenance or use of the vehicle, not less than $35,000 of motor vehicle liability insurance coverage, or the rate established and set by State of New Jersey Statutes. All such insurance policies shall be issued to cover the term of the license issued by the City.

Licenses Revoked or Suspended. Licenses granted under the preceding subsections may be revoked or suspended at any time after notice and hearing by the Compliance Review Board if the vehicle shall not be in a safe condition for the transportation of passengers or not kept in conformity with the terms of this subsection or if used or its use permitted for any improper, immoral or illegal business or purpose, or for the violation of any statute or law of the State of New Jersey or of the United States, or for the violation of any of the provisions of this section, or any of the rules and regulations made by the Appropriate Authority.

Mayor and Council to Designate Stand. The Mayor and Council are hereby authorized to designate such place or places within the Central Business District or Highway Commercial Zones of the City as public taxicab stands as the Mayor and Council, in its judgment, may deem necessary as may be required for the proper transportation of passengers. The City Clerk is hereby further authorized to grant permits for the operation of taxicabs from private premises as it may deem necessary and proper. No taxicab shall occupy any public taxicab stand unless such taxicab shall have been licensed as provided in this subsection.

Regulations. No taxicab, while waiting for employment by passengers shall stand on any public street or space other than that at or upon a taxicab stand designated or established in accordance with this section, nor shall any driver of such taxicab seek employment by repeatedly and persistently driving his taxicab to and fro in egress from any theater, hall, hotel, public resort, railroad station or other place of public gathering, and no driver shall solicit passengers for a taxicab except when sitting upon the driver's seat thereof, nor shall any driver of a taxicab solicit employment in the transportation of passengers by driving in or through any public street or public place at a slow rate of speed, commonly designated as "cruising."

Upon request, no owner or driver of a taxicab or other vehicle regulated under this section, unless previously engaged, shall refuse or neglect to carry an orderly person anywhere within the City of Lambertville. Upon request, every driver of a taxicab is required to provide each passenger with a receipt indicating the driver's name, fee and description of the trip.

No person operating a taxicab shall permit or allow any person other than a passenger being transported for hire in or about such taxicab when in service as a taxicab.

Penalties for Violations. The penalties for violation of this subsection shall be as set forth in Chapter 1, Section 1-5 of the Code of the City of Lambertville.

The City of Lambertville retains the right to accept or reject applications for taxicab licenses for any reason. Fees will not be prorated or refunded should the applicant be found to be non-compliant.

§ 5-1.2 Liveries.

[1990 Code § 5-1; Ord. No. 05-2012; Ord. No. 15-2013]

Definitions. Livery, as defined in N.J.S.A. 48:16A-1 et seq. shall mean and include any horse carriage, horse drawn cart, engaging in the business of carrying of passengers for hire, which is held out, announced or advertised to operate or run, or which is operated to run over any of the streets or highways of the City, and particularly accepts and discharges such persons as may offer themselves for transportation from points or places within the City, or which is hired by charter, or for a particular contract, or by the day or hour or other fixed period, or to transport passengers to a specified place or places.

License Required; Fees for License. The fee for a livery license shall be no less than the sum of $100 per vehicle/carriage. The license will be offered annually by application. The City will offer up to five licenses, one per vehicle or horse drawn carriage. Days of operation are limited to Friday, Saturday, Sunday and/or holidays.

Issuance of License, Inspection of Liveries; Transfer Fee. The Mayor's designee shall have the power to issue or refuse to issue a license in pursuance of the terms of this subsection. The number of licenses shall not exceed five, one license per vehicle.

Any license hereafter issued may be transferred upon the payment of a transfer fee of $25 for each and every such transfer, and subject to the provisions of this subsection, upon obtaining approval, in writing, of the Mayor's designee.

Application Information. The application form shall include the name, address, phone number of the owner and each operator, copies of insurance, State of New Jersey Business Registration, Sales Tax Certificate, and any other information as deemed necessary by the Police Department and/or the City Clerk.

Requirements for Applications. No license to operate a livery shall be granted to any person unless he is a citizen of the United States, or shall have declared his intention to become such a citizen. In the case of a co-partnership, no license shall be granted to operate a taxicab unless such corporation is either incorporated or is duly authorized to do business under the laws of this State. All applicants and prospective taxicab drivers must first submit to criminal history checks (fingerprinting) at a designated Live Scan facility prior to the issuance of a license.

Inspection Required Before Issuance of License. No livery shall be licensed until it has been thoroughly and carefully inspected and examined by the Police Department and found to be in a thoroughly safe condition for the transportation of passengers. Such licensed taxicabs shall be clean, fit and of good appearance and well painted and varnished. Side curtains or shades shall not be permitted on any such licensed vehicles. The Police Department shall refuse a license to any applicant or, if already issued, revoke or suspend the license of any vehicle found to be unsafe for the transportation of passengers. All reports of such inspections and examinations, after having been submitted to the Mayor's designee shall be filed with the City Clerk and become a part of the application filed for the licensing of such vehicle, as hereinafter provided.

Display of License. Every licensed livery shall display in a manner required or approved by the Mayor's designee, its City license number upon the issuance of the City license of any livery. There shall be furnished to the owner a card setting forth the name and address of the owner and the number of the license which card shall be promptly displayed in the interior of the livery.

Register to Be Maintained. The City Clerk shall maintain a register of all licenses granted to liveries and the register and application will be made available to the public upon request.

Inspection, Written Reports Required. The Police Department shall maintain a constant vigilance over all liveries to see that they are kept in a condition of safety for the transportation of passengers, and to this end shall have the right at any and all times to inspect any and all licensed vehicles, and shall maintain a record, in writing of a report of such inspections.

Insurance. In accordance with N.J.S.A. 48:16A-2, no vehicle shall be operated wholly or partly along any street in any municipality until the owner of the vehicle shall have filed with the Clerk of the municipality in which such operation is maintained, an insurance policy of a company duly licensed to transact business under the insurance laws of this State in the sum of $10,000 against loss by reason of the liability imposed by law upon the vehicle owner for damages on account of bodily injury or death suffered by any person with a maximum limit of $100,000 for more than one person in any one accident, and in the sum of $1,000,000 against loss by reason of such liability for damage on account of the injury to or destruction of the property of any person, with a maximum of $5,000 for more than one person in any one accident, as the result of an accident occurring by reason of the ownership, maintenance or use of the vehicle upon any public street. Such operation shall be permitted only so long as the insurance policy shall remain in force to the full and collectible amount of $105,000. The insurance policy shall provide for the payment of any final judgment recovered by any person on account of the ownership, maintenance and use of such vehicle or any fault in respect thereto, and shall be for the benefit of every person suffering loss, damage or injury as aforesaid.

Licenses Revoked or Suspended. Licenses granted under this subsection may be revoked or suspended at any time after notice and hearing by the Mayor's designee if the vehicle shall not be in a safe condition for the transportation of passengers or not kept in conformity with the terms of this subsection or if used or its use permitted for any improper, immoral or illegal business or purpose, or for the violation of any statute or law of the State of New Jersey or of the United States, or for the violation of any of the provisions of this subsection, or any of the rules and regulations made by the appropriate authority.

Penalties for Violations. The penalties for violation of this subsection shall be as set forth in Chapter 1, Section 1-5 of the Code of the City of Lambertville.

§ 5-1.3 Limousines.

[Ord. No. 15-2013 § 3]

Definitions. In accordance with N.J.S.A. 48:16-22.3a, any person who owns a limousine service, or any other company or service which pairs a passenger automobile, as defined In N.J.S.A. 39:1-1, and a driver with a private customer to provide prearranged passenger transportation at a premium fare on a dedicated, nonscheduled, charter basis that is not conducted on a regular route, include, but not limited to, the use of authorized drivers of rental vehicles to provide such passenger transportation, in no event shall it have a seating capacity of more than 14 passengers, not including the driver, shall require an applicant for employment as a limousine operator or driver, or as an operator or driver of any other passenger automobile, as defined in N.J.S.A. 39:1-1.

License Required. No limousine shall be operated in the City of Lambertville without being registered and licensed in accordance with this subsection and the State of New Jersey.

Issuance of License. The Clerk of the municipality in which the owner has his principal place of business, upon the filing of the required insurance policy and the payment of a fee shall issue in duplicate a license to operate showing that the owner of the limousine has complied with the terms and provisions of N.J.S.A. 48:16-17.

Application Information. Application information shall include the name, address, phone number of the owner and each operator, copies of insurance, State of New Jersey Business Registration, Sales Tax Certificate, fingerprinting results and any other information as deemed necessary by the Police Department and/or the City Clerk.

Requirements for Applications. No license to operate a limousine shall be granted to any person unless he is a citizen of the United States, or shall have declared his intention to become such a citizen. In the case of a co-partnership, no license shall be granted to operate a taxicab unless such corporation is either incorporated or is duly authorized to do business under the laws of this State. All applicants and prospective taxicab drivers must first submit to criminal history checks (fingerprinting) at a designated Live Scan facility prior to the issuance of a license, be 21 years old and possess a State of New Jersey issued driver's license which is currently valid.

In accordance with N.J.S.A. 48:16-22.2b., any person who owns a limousine service shall require an applicant for employment as a limousine operator or driver to be tested, at the applicant's expense, for dangerous controlled substances as defined in N.J.S.A. 2C:35-2.

Disqualification Under Certain Circumstances. No license shall be granted to operate a limousine to any person, or to any partnership or corporation who is not, or the members of or officer of which are not persons of good moral character, or who has, or if any of the members of the partnership, or officers of the corporation have been convicted of any following crimes: aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault or endangering the welfare of a child pursuant to N.J.S.A. 2C:24-4, whether or not armed with or having in his possession any weapon enumerated N.J.S.A. 2C:39-9, or other than a disorderly persons or petty disorderly persons offense for the unlawful use, possession or sale of a controlled dangerous substance as defined in N.J.S.A. 2C:35-2. In any other state, territory, commonwealth, or other jurisdiction of the United States, or any country in the world, as a result of a conviction in a court of competent jurisdiction, a crime which in that other jurisdiction or country is comparable to one of the crimes enumerated in this paragraph. If a person who has been convicted of one of the crimes outlined in this paragraph or in N.J.S.A. 48:16-3, and can produce a certificate of rehabilitation issued pursuant to N.J.S.A. 2A:16A-8 or if the criminal offense occurred outside New Jersey, an equivalent certificate from the jurisdiction where the criminal offense occurred, the criminal offense shall not disqualify the applicant from operating or driving a limousine.

Issuance of License; Fee. The Clerk of the municipality, in which the owner has his principal place of business, upon the filing of the required insurance policy and the payment of the fee, which shall not exceed $50 shall issue in duplicate a license to operate showing that the owner of the limousine has complied with the terms and provisions of N.J.S.A. 48:16-17.

The original license shall be retained within the limousine and shall be available for inspection by any Police Officer in the State.

The duplicate license shall be filed with Motor Vehicle Commission before any such car is registered as a limousine.

Inspection Required Before Issuance of License. No limousine shall be licensed until it has been thoroughly and carefully inspected and examined by the Police Department and found to be in a thoroughly safe condition for the transportation of passengers. Such licensed limousine shall be clean, fit and of good appearance and well painted and varnished. Side curtains or shades shall not be permitted on any such licensed vehicles. The Police Department shall refuse a license to any applicant or, if already issued, revoke or suspend the license of any vehicle found to be unsafe for the transportation of passengers. All reports of such inspections and examinations, after having been submitted to the Mayor's designee shall be filed with the City Clerk and become a part of the application filed for the licensing of such vehicle, as hereinafter provided.

Display of License. Every licensed taxicab shall display in a manner required or approved by the Mayor's designee, its City license number upon the issuance of the City license of any limousine. There shall be furnished to the owner a card setting forth the name and address of the owner and the number of the license which card shall be promptly displayed in the interior of the auto/taxicab.

Register to Be Maintained. The City Clerk shall keep a register of the name of each person owning or operating vehicle or vehicles licensed under this subsection, together with the license number and the description, make, dimension of such vehicles, with the date and complete record of inspections made of them. All applications for licenses shall be filed by the City Clerk and carefully preserved for reference. All licenses issued shall be recorded in books provided for that purpose, which shall be in such form as the Mayor's designee shall prescribe. All such records shall be open to the inspection of the public at all reasonable times and shall be deemed the official records of the Police Department and of the City.

Inspection, Written Reports Required. The Police Department shall maintain a constant vigilance over all limousines to see that they are kept in a condition of safety for the transportation of passengers, and to this end shall have the right at any and all times to inspect any and all licensed vehicles, and shall maintain a record, in writing of a report of such inspections.

Insurance. As required in N.J.S.A. 48:16-14, no limousine shall be operated wholly or partly along any street in any municipality until the owner of the limousine shall have filed with the Clerk of the municipality in which the owner has his principal place of business, an insurance policy of a company duly licensed to transact business under the insurance laws of this State in the sum of $1,500,000 against loss by reason of the liability imposed by law upon every limousine owner for damages on account of bodily injury or death suffered by any person as the result of an accident occurring by reason of the ownership, maintenance or use of the limousine upon any public street.

Licenses Revoked or Suspended. Licenses granted under this section may be revoked or suspended at any time after notice and hearing by the Mayor's designee if the vehicle shall not be in a safe condition for the transportation of passengers or not kept in conformity with the terms of this subsection or if used or its use permitted for any improper, immoral or illegal business or purpose, or for the violation of any statute or law of the State of New Jersey or of the United States, or for the violation of any of the provisions of this subsection, or any of the rules and regulations made by the Appropriate Authority.

Penalties for Violation. The penalties for violation of this ordinance shall be as set forth in Chapter 1, Section 1-5 of the Code of the City of Lambertville and N.J.S.A. 48:16.

§ 5-2 MECHANICAL MUSIC MACHINES, AMUSEMENT DEVICES AND VENDING MACHINES.

§ 5-2.1 Definitions. As used in this section:

[1990 Code § 5-2.1]

Shall mean a machine of the type commonly known and designated as bagatelle, baseball, football, or pinball amusement games or similar machines and particularly, but not by way of limitation, any and all coin-operated amusement devices of any and all types and kinds, which, upon the insertion of a coin or slug, operate or may be operated for use as a game, contest, amusement or entertainment of any description, or which may be used for any such game, contest, amusement or entertainment, and which contain no automatic payoff device for the return of slugs, money, coins, checks, tokens, or merchandise, or which provide for no such pay-off by any other means or in any other manner whatsoever.

AUTOMATIC VENDING MACHINE

Shall mean any coin-operated machine used for the purpose of selling liquids, candy, food or general merchandise. Up to six coin-operated non-electrical bulk vending machines, located on the same stand, shall be considered to be one machine and require one license. The license fee shall be calculated based on the highest dispensing fee of the bulk vending machines.

MECHANICAL MUSIC MACHINE

Shall mean any coin-operated machine or device over and through which music by transcription is played.

§ 5-2.2 License Required.

[1990 Code § 5-2.2]

It shall be unlawful for any person to maintain, operate or use within the City any mechanical music machine, automatic or electronic amusement device, automatic vending machine, without first having obtained a license from the City or without complying with all provisions concerning the same contained in this section; and the maintaining, operating or using of such mechanical music machines, automatic or electronic amusement devices, automatic vending machines, without first having obtained a license from the City, or without complying with any and all provisions contained in this section, shall constitute a separate violation for each and every day that such machines and devices are maintained, operated or used.

§ 5-2.3 License Fees; License Transfer Not Permitted.

[1990 Code § 5-2.3]

Vending Machines. The annual license fee, per machine or device, for maintaining, operating or using such mechanical music machines, automatic amusement devices and automatic vending machines in any one place shall be as follows:

Mechanical Music Machines - $100 per year per machine.

Automatic Amusement Devices - $100 per year per machine.

Automatic Vending Machines - yearly fee:

Up to $0.10 $25.

RETAIL FOOD ESTABLISHMENT

Over $0.10 $50.

The licenses granted pursuant to this section are not transferable.

§ 5-2.4 Application for License.

[1990 Code § 5-2.4]

Application. Every person maintaining, operating or using such mechanical music machines, automatic amusement devices and automatic vending machines, shall, on or before May 1 annually, make application to the City Clerk for a license to maintain, operate or use such machines or devices. The application shall be filed with the City Clerk and shall be accompanied by the license fee required in subsection 5-2.3.

Investigation. The City Clerk shall cause an investigation of each application to be made by the Police Department to determine whether the owner, occupant or tenant of the premises upon which or within these machines or devices are to be maintained, operated or used, is complying with all laws of the State of New Jersey and ordinances of the City of Lambertville relating and pertaining to the preservation and protection of the lives, health, morals and general welfare of the inhabitants of the City; and for the purpose of such investigation, such applicants for licenses shall allow and permit the inspection of any such place or premises at all reasonable hours by any Police Officer of the City of Lambertville. The Police Department shall make a report of their investigation to the City Clerk.

Favorable Report. If the investigation report is favorable, the City Clerk shall issue the licenses. The effective date of each license shall be June 1 annually and such license shall expire on May 31 annually. Every person maintaining, operating or using these machines or devices shall keep said license posted and exhibited, while in force, in some conspicuous part of the premises.

Unfavorable Report. If the investigation report is unfavorable, it shall be the duty of the City Clerk to refuse the issuance of the license in question. This action of the City Clerk may be appealed to the City Council who shall, after notice and hearing, determine whether the action of the City Clerk shall be affirmed or reversed.

Licenses Not Pro-Rated. When any such machine or device is installed on any premises in the City before or after May 1 in any year, an application for a license for such machine or device must be made immediately and the same procedure must be followed as outlined above in the case of the annual application. In such cases there will be no pro-rating of the annual license fee and any license issued upon such application shall be effective only to the time for the next annual license.

Licensee to Be Proprietor, Tenant or Occupant. All licenses hereunder shall be issued to and in the name of the proprietor, tenant or occupant of the premises where the machine or device is to be installed for the maintenance, operation and use thereof.

Investigation Charge. Whenever any application for a license hereunder is rejected, the City Clerk shall retain for the use of the City 20% of the annual license fee as an investigation charge.

§ 5-2.5 Operation of the Machine Regulated.

[1990 Code § 5-2.5]

The payment of the license fee required by this section, its acceptance by the City, and the issuance of a license to any person, shall not entitle the holder thereof to use any such machine or device so licensed in any manner which would be in violation of any law or ordinance.

§ 5-3 CIRCUSES, SHOWS, AND CARNIVALS.

§ 5-3.1 License Required.

[1990 Code § 5-3.1]

It shall be unlawful for any person whether as principal or agent, clerk or employee, either for himself or any other person, or for any body corporate or as an officer of any corporation, or otherwise, to commence or carry on any traveling circus, traveling show or carnival, whether under canvas or not in the City without first having procured a license from the City and without complying with the provisions contained in this section or in any other ordinance heretofore or hereafter adopted by the City which is or may be in full force and effect; and the carrying on of any traveling circus, traveling show or carnival, whether under canvas or not, without having first procured a license from the City, or without complying with any and all of the provisions contained in this section, or in any other ordinance adopted by the City which is or may be in full force and effect, shall constitute a separate violation of this section for each and every day that such business is so carried on.

§ 5-3.2 Fees.

[1990 Code § 5-3.2]

The license fees which are fixed for the raising of revenue and for regulation and control, to be paid to the City for the conducting of or engaging in any traveling circus, traveling show or carnival, whether under canvas or not, shall be as follows: $25 per day.

§ 5-3.3 Issuance of License; Posting.

[1990 Code § 5-3.3]

It shall be the duty of the City Clerk to issue a license under this section for every person liable to pay a license hereunder and to state in each license the amount thereof, the period of time covered thereby, the name of the person, firm or corporation to whom issued, the particular business licensed, and the location or place of business where the same is to be carried on. Every person having a license under the provisions of this section and the carrying on such a licensed business shall keep such license posted and exhibited while in force, in some conspicuous part of the place of business. No refund shall be made on any license fee paid on account of a cessation of business after such license shall have been issued.

§ 5-3.4 Inspections; Violations.

[1990 Code § 5-3.4]

Every person licensed under this section shall comply with all laws of the State of New Jersey and ordinances of the City relating and pertaining to the preservation and protection of the lives, health, morals and the general welfare of the inhabitants of the City, and, for that purpose, such licensees shall allow and permit inspection of any place licensed under this section at all reasonable hours of the Chief of the Fire Department, the Health Officer and any Police Officer of the City, which officers are hereby authorized and directed and it shall be their duty to make such inspections and report any violation of any laws of the State of New Jersey or of the ordinances of the City of Lambertville relating to the preservation and protection of the lives, health, morals and the general welfare of the inhabitants of the City, to the Mayor and Council, who shall order and direct the officers aforenamed to take such steps that they may deem necessary and lawful to remedy and correct any such violations.

§ 5-4 BILLIARDS, POOL PARLORS AND MOVIE THEATERS.

§ 5-4.1 Licenses Authorized.

[1990 Code § 5-4.1]

The Mayor and Council are hereby authorized to grant licenses to carry on or conduct billiard parlors, pool parlors and movie theaters.

§ 5-4.2 Fees.

[1990 Code § 5-4.2]

The charges for such licenses shall be as follows, for each billiard or pool table, $25 for the first table per year and $15 for each additional table per year; for each movie theater $240 per year.

§ 5-5 ITINERANT VENDORS.

§ 5-5.1 Definitions.

[1990 Code § 5-5.1]

As used in this section the following terms have the meaning indicated:

ITINERANT VENDOR

Shall mean any person, whether a resident of the City or not, and their principals and agents who engage or conduct any business for the sale or offer for sale of goods, wares, or merchandise which is or to be carried on in any building, structure, motor vehicle, railroad car, or real estate for a period of less than six months in each year.

PERSON

Shall mean any individual, corporation, partnership, association or other entity.

§ 5-5.2 Exemptions.

[1990 Code § 5-5.2]

The provisions of this section shall not apply to:

Sales at wholesale to retail merchants by commercial travelers or selling agents in the usual course of business;

Wholesale trade shows and/or conventions;

Sales of goods, wares or merchandise by sample, catalog, or brochure for future delivery;

Fairs and convention center activities conducted primarily for amusement and/or entertainment;

Any general sale, fair, auction or bazaar sponsored by any non-profit organization;

Garage sales held on premises devoted to residential use;

Sales of crafts or items made by hand and sold or offered for sale by the person making such crafts or handmade items and sold from their residence;

Sales of agriculture food products, except nursery products and foliage plants;

Person(s) operating a year-round 12 months established place of business in the City;

Sales made by a seller at residential premises pursuant to an invitation issued by the owners or legal occupant of such premises.

Any itinerant vendor not otherwise exempted from the provisions of this section shall not be relieved or exempted from the provisions of this section by any reason of associating himself temporarily with any local dealer, auctioneer, trader, contractor, or merchant or by conducting such temporary or transient business in connection with or in the name of any local dealer, auctioneer, trader, contractor or merchant.

§ 5-5.3 License or Permit of Exemption Required.

[1990 Code § 5-5.3]

It shall be unlawful for any person to engage in an itinerant vendor business activity, as defined in this section, within the corporate limits of the City, without first obtaining a permit of exemption or license as required by the City.

§ 5-5.4 Fees.

[1990 Code § 5-5.4]

The fees for an itinerant vendor's license shall be as follows: $1,000 for the first month and $500 for each month thereafter, not exceeding in all a period of six months. Upon application for the license in question, the applicant shall, in addition to the bond (see subsection 5-5.6), deposit a sum in cash equivalent to the full amount that would be due hereunder for the license based on the estimated time required. The City will reimburse the licensee if the license is used for less than the full estimated time. It is understood that after the initial $1,000, the $500 monthly additional fee is for the month or any part thereof. Adjustments are not made on a per diem basis. If the license is denied, then 90% of the fee deposited shall be refunded.

§ 5-5.5 Term; Nontransferable.

[1990 Code § 5-5.5]

Licenses and permits shall be issued for a term of more than six months. Any license or permit issued under this section shall not be transferable.

§ 5-5.6 Bond.

[1990 Code § 5-5.6]

Before any license shall be issued, the applicant shall execute and deliver to the City a cash bond or a surety bond by a corporate surety authorized to do business in this State and approved by the City Attorney, equal to an amount of 25% of the value of the merchandise to be sold, but in no event shall the bond be less than $5,000. Such bond shall remain in force for one year after the date of expiration of the license and shall be conditioned to indemnify and pay the City any penalties or costs incurred in the enforcement of any provisions of this section and to indemnify or reimburse any purchaser in a sum equal to at least the amount of any payment such purchaser may have been induced to make through the misrepresentation as to the kind, quality, or value of the merchandise, and to indemnify or reimburse any such purchaser in an amount equal to at least the amount of any payment such purchaser may have made to any licensee under this section, the delivery of which is either not made at all, or not made as represented by the licensee. The bonds shall be maintained so long as the itinerant vendor conducts business in the City and for a period of one year after the termination of such business and shall be released only when the itinerant vendor furnishes satisfactory proof to the City Clerk that it has satisfied all claims of purchasers of goods, wares, merchandise or services from such merchant, and that all State and local taxes and other taxes have been paid. This subsection shall not apply to a permit of exemption.

§ 5-5.7 Applications.

[1990 Code § 5-5.7]

Applicants for a permit of exemption or license shall file with the City Clerk a sworn application in writing on a form to be furnished by the City Clerk, no later than 60 days preceding the sale, which shall give the following information:

Name and description of the applicant (trade name and business name also to be included).

Permanent home address and business address, if any, of the applicant; and proposed location of the business.

Home phone number and business phone number of the applicant.

A brief description of the nature of the business, the goods to be sold and the name and address of the principal office of their manufacturer, as well as the name and address of the agent designated to receive service of process in the State; and a sketch of the area of the business showing sales area, pedestrians and vehicle traffic patterns, parking, traffic control signs, advertising signs.

If employed, the name and address of the employer.

The length of time for which the right to do business is desired.

A photograph of the applicant taken within 60 days immediately prior to the date of the filing of the application.

Fingerprints of the applicant, and the names of at least two reliable property owners of the County who will certify as to the applicant's good character and business responsibility, or, in lieu of such names of reference, such other valuable evidence of good character and business responsibility of the applicant as will enable an investigator to evaluate properly such character and business responsibility. Approval or recommendation by the Better Business Bureau or the Chamber of Commerce may be accepted in lieu of the above references.

A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violations of any municipal ordinance other than traffic violation, the nature of the offense and the punishment or penalty assessed therefor.

Proof that property taxes are paid up to date at the location of the property where such business will be conducted. Address, lot and block number of the location where the business activity will take place.

Sales tax certificate issued by the New Jersey Division of Taxation for the premises and business.

The days of the week and hours of the day during which the licensed activity will be conducted.

Written consent of the property owner.

Such other information as the City Council or its delegated agent may prescribe.

Any application filed within 60 days of the sale shall be denied.

Paragraphs h, i, and j shall not apply to permits for exemption.

§ 5-5.8 Investigation of Applicant.

[1990 Code § 5-5.8]

When the application is properly filled out and signed by the applicant, the original and duplicate thereof shall be filed with the City Clerk. The Clerk shall refer the original to the Police Director who shall make or cause to be made such investigation of the applicant's business responsibility and character as he deems necessary for the protection of the public welfare.

If as a result of such investigation the applicant's character or business responsibility is found to be unsatisfactory, the Police Director shall endorse on such application his disapproval and his reasons therefor and shall return the application to the City Clerk, who shall notify the applicant that his application is disapproved. Any determination by the Police Director that an application is unsatisfactory shall be based on one or more of the following findings with respect to the applicant; however, such determination is not limited to the items listed below:

Conviction or pending charges of a crime involving moral turpitude;

Prior violation of an ordinance or law pertaining to itinerant vendors;

Previous fraudulent acts or conduct.

Record of breach of solicited contracts.

Concrete evidence of bad character.

Any additional information revealed in the investigation that is not included above.

If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the Police Director shall endorse his approval on the application returning the application to the City Clerk, who shall, upon submission of the required bond, issue the proper license to the applicant. The City Clerk shall keep a record of all licenses issued, and of all complaints received, if any, concerning each license.

§ 5-5.9 Revocation.

[1990 Code § 5-5.9]

Licenses issued under this section may be revoked by the Mayor and Council after reasonable notice and hearing, for any of the following causes:

Misrepresentation or false statement contained in the application for license.

Misrepresentation or false statements made in the course of carrying on the activities regulated herein.

Conviction of any crime or misdemeanor involving moral turpitude.

Conducting the business of an itinerant vendor in an unlawful manner, in violation of this section, or in such manner as to constitute a breach of the peace, or to constitute a menace to the health, safety or general welfare to the public.

If the licensee has violated the regulations enumerated in the zoning and development ordinances and regulations of the City.

Notice of hearing for revocation of license shall be given in writing setting forth the grounds of the complaint and the time and place of hearing. Such notice shall be served personally upon the licensee or mailed, postage prepaid, to the licensee at the addresses given by the licensee in making application, at least five days prior to the date set for the hearing.

§ 5-5.10 Appeals.

[1990 Code § 5-5.10]

Any person aggrieved by the action of the Police Director or the City Clerk in the denial of an application for a permit or license, shall have the right to appeal to the Mayor and Council. Such appeal shall be taken by filing with the Mayor and Council, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Mayor and Council shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the applicant in the manner as provided here for notice of hearing on revocation. The decision and order of the Mayor and Council on such appeal shall be final and conclusive.

§ 5-5.11 Exhibition of License or Permit.

[1990 Code § 5-5.11]

All persons holding a license or permit of exemption under this section shall display the license prominently at the location of such business.

§ 5-6 BINGO AND RAFFLES.

§ 5-6.1 License Required.

[1990 Code § 5-6.1; amended 12-19-2019 by Ord. No. 29-2019]

It shall be unlawful for any person whether as principal or agent, clerk or employee, either for himself or any other person, or for any body corporate or as an officer of any corporation, or otherwise, to conduct bingo or raffle games without obtaining a license from the City Clerk as required by N.J.S.A. 5:8-1 et seq. or any other state law.

§ 5-6.2 Fees.

[1990 Code § 5-6.2]

All qualified organizations are exempt for the payment of any municipal licensing fee.

§ 5-7 CONTRACTOR REGISTRATION - NONRESIDENTIAL SITES.

§ 5-7.1 Purpose; Applicability.

[Ord. No. 2005-04 § 2; Ord. No. 2010-17 § 2]

The purpose of this section is to adopt a procedure for the registration of all construction contractors who are not required to register with the State of New Jersey to perform certain work within the City of Lambertville. This section shall apply to contractors performing services on all nonresidential sites.

This section shall apply to all persons, partnerships, corporations or other entities not otherwise licensed by the State of New Jersey who undertake to provide services within the City of Lambertville for a fee.

Registration pursuant to this section does not relieve the contractor of the requirement to obtain a construction permit or of any liability resulting from contractor's performance of service.

§ 5-7.2 Definitions.

[Ord. No. 2005-04 § 3; Ord. No. 2010-17 § 3]

Services shall mean to erect any new structure, add or remove rooms, dormers or other structures or to improve, modernize or modify an existing room or rooms or structures, including all plumbing, electrical, HVAC (mechanical) and fire additions and/or alternation, or to install, resurface or improve driveways or sidewalks or any improvement whatsoever upon any structure in the City of Lambertville where persons reside, will reside or conduct any type of business upon completion of the work.

§ 5-7.3 Application.

[Ord. No. 2005-04 § 4; Ord. No. 2010-17 § 4]

Any person, partnership, corporation or other entity to whom this section applies shall, prior to commencing any work or service as herein described in the City of Lambertville, make application to the City Construction Office for registration as a contractor in the City of Lambertville. The failure to make application for such registration prior to commencement of work or services shall constitute a violation of this section. The form of application may be found on file in the City Offices.

§ 5-7.4 Term of Registration; Fee.

[Ord. No. 2005-04 § 5; Ord. No. 2010-17 § 5]

All registration numbers issued pursuant to this section shall expire one year from the date of issuance. Such registration may be renewed annually upon payment of the required fee and submission to the City Construction Office of a current certificate insurance.

The initial fee to register as a contractor in the City of Lambertville shall be $200. The fee for renewal registrations shall be $100.

§ 5-7.5 Insurance Requirements.

[Ord. No. 2005-04 § 6; Ord. No. 2010-17 § 6]

Each applicant shall be required to submit a certificate of insurance to the City Construction Office evidencing a current policy for workers compensation insurance and public liability insurance with a minimum liability of $100,000/$300,000.

§ 5-7.6 Grounds for Denial of Initial Registration or Revocation or Denial of Existing Registration.

[Ord. No. 2005-04 § 7; Ord. No. 2010-17 § 7]

The following constitutes but is not limited to grounds for denial or revocation of registration:

Failure to maintain and keep current an adequate workers compensation insurance policy or certification of no employees requiring workers compensation insurance.

Failure to maintain and keep current a public liability insurance policy;

Failure to comply with the construction standards required by State laws or regulations or local ordinances or codes after having been given notice of such noncompliance and failing to alleviate noncompliance without just cause;

Any of the following:

Failure to comply with the lawful instructions of the Construction Code Official regarding site safety, or building code violations.

Altering plans submitted in obtaining a construction (building, electrical, plumbing, fire) permit without further receiving the approval of the Construction Official;

Failure to obtain a construction permit where required;

One owner/resident complaint against the contractor for unsafe services, unjustified interruption of work, or substandard workmanship which complaint has been personally verified by the Construction Official or his deputy;

Failure to complete the project according to terms of contract;

Failure to correct building, zoning or City violations in connection with project;

Breach of contract by registrant;

Failure to request and obtain final inspection approvals and Certificate of Approval/Occupancy within the timeframe allowed by the Uniform Construction Code.

Any registrant that has had his registration revoked three times, in accordance with this section, the City Clerk or Construction Official may, upon notice to the registrant, request the Mayor and City Council conduct a public hearing to determine whether or not said registrant shall be permanently barred from performing work within the City.

The revocation of prior registration by the City of Lambertville City Clerk or Construction Official or the revocation of any local contractor's license or registration by another municipality in the State of New Jersey for any cause other than failure to pay licensing or registration fees.

§ 5-7.7 Appeals or Denial or Revocation.

[Ord. No. 2005-04 § 8; Ord. No. 2010-17 § 8]

In the event that the City Clerk denied or revoked a registration to an applicant or has refused to renew such registration upon submission of the required fee, the aggrieved contractor may appeal such denial, in writing to the Mayor and Council of the City of Lambertville. Upon such appeal the following action shall be taken:

Upon receipt of the written appeal, the City Clerk shall set a date for the Mayor and Council to hear such appeal. This date may be adjourned for a period of 60 days at the request of the Mayor and Council or the contractor.

At the time, date and place set for the hearing, the Mayor and Council shall hear testimony from the City Clerk and/or Construction Official as to the grounds for denial and hear testimony from the contractor contesting such denial. At the hearing, the contractor shall be entitled to call witnesses and to be represented by counsel.

At the conclusion of the hearing, a determination shall be made. If denial is deemed to have been inappropriate, the City Clerk shall be directed to issue a registration number to the contractor. If it is determined that the denial was proper, the Mayor and Council shall have the discretion to take one of the following actions:

Uphold the denial without further action.

If circumstances warrant, direct the City Clerk to register the contractor upon conditions imposed by the Mayor and Council and Construction Official which are designed to reasonably ensure compliance by the contractor and this section.

If circumstances warrant, direct the Construction Official to register the contractor when the deficiencies have been alleviated by the contractor to the Construction Official's satisfaction.

Within 10 business days from the hearing date, the Construction Official and the contractor shall receive notification, in writing, with the determination of the Mayor and Council and any conditions which have been placed upon the approval for the application for registration.

§ 5-7.8 Duties of the Construction Official.

[Ord. No. 2005-04 § 8; Ord. No. 2010-17 § 8]

The Construction Official shall have the responsibility to do the following:

Monitor the accuracy and current status of the information contained in the application for contractor's registration.

Keep all registration applications on file so that they are available for inspection and copying by any interested party as public documents.

Notify the owner of the property on which work is being performed by the contractor of the revocation of contractor's registration for failure to keep current its public liability insurance.

§ 5-7.9 Violations and Penalties.

[Ord. No. 2005-04 § 9; Ord. No. 2010-17 § 9]

It shall be considered a violation of this section for any person or firm as described herein to fail to make application for a contractor's registration or to perform any work as described herein without first having applied for and received a contractor's registration number. Following a conviction of violation of this section by a court of competent jurisdiction, a fine of not less than $250 nor more than $1,000 shall be imposed.

§ 5-8 OUTDOOR DINING.

§ 5-8.1 Definitions.

[Ord. No. 2005-15; amended 12-16-2021 by Ord. No. 24-2021]

As used in this section:

OUTDOOR DINING

Outdoor seating, parklet, sidewalk cafe or streatery as defined herein.

OUTDOOR SEATING

A retail food establishment (as defined herein):

Serving food to be consumed by the public at tables located adjacent to the primary building on private property and not within the public right-of-way.

Containing readily movable tables, chairs, and/or planters; and

Unenclosed by fixed walls or ceilings, except for retractable awnings, umbrellas or other non-permanent enclosures which in no way present a safety hazard to or implied pedestrian traffic.

PARKLET

A platform or similar level surface extending into the public right-of- way with amenities such as but not limited to tables, chairs, benches, umbrellas, landscaping and other accessory components, designated as public space, located in or on the public right-of-way or resting on, or projecting into, the sidewalk and parking area, which is not physically or structurally attached to a building, retaining wall or fence.

PERSON

Any individual, partnership, corporation, association or other entity.

PRIMARY BUILDING

The building whose principal facade is adjacent to where the outdoor seating is or is proposed to be located.

PRINCIPAL FACADE

That portion of the facade of a building which fronts on a public street.

An establishment actually located within the primary building for which a current retail establishment inspection certificate has been issued by the Board of Health and shall include, by way of example, a restaurant, hotel, coffee shop, tea room, dining room, cafeteria, luncheonette, sandwich shop, delicatessen, and the like.

SIDEWALK

The paved surface provided for the exclusive use of pedestrians and situated between and extending from any building to the curb of any street (excluding therefrom any unpaved area).

SIDEWALK CAFE

A portion of an eating or drinking establishment located on a public sidewalk which functions as an extension of the use of the adjacent private property by an eating or drinking establishment. A sidewalk cafe is open to the sky except that it may have awnings or umbrellas. No portion of the sidewalk cafe shall be used for any purpose other than dining, drinking, and the associated circulation therein.

STREATERY

A portion of an eating or drinking establishment located within any legal parking zone that is accessed with an ADA accessible ramp with amenities such as but not limited to tables, chairs, benches, umbrellas, landscaping and other accessory components that is surrounded by a protective barrier.

§ 5-8.2 License Required.

[Ord. No. 2005-15; amended 12-16-2021 by Ord. No. 24-2021]

Outdoor Seating.

No person shall operate outdoor seating within the City without first having obtained an outdoor seating license in accordance with the requirements of this section. The license shall not be transferable and shall be for the period of April 15th of the issuing year through April 14th of the following year. The license shall, however, be subject to future amendments to this section or other applicable regulations.

A person who has received approval by resolution of the Planning Board or Board of Adjustment for outdoor seating is exempt from the above licensing requirement. This exemption applies only for the specified number of seats permitted in the approving resolution. A person seeking to use more outdoor seating that approved by the Planning Board or Board of Adjustment shall be required to obtain an outdoor seating license for the additional seats greater than approved by the Board of Jurisdiction or seek an amended approval from the Board of Jurisdiction for the additional seats.

Sidewalk Cafe.

No person shall operate a sidewalk cafe within the City without first having obtained a sidewalk cafe license in accordance with the requirements of § 5- 8.4b.

The license shall not be transferable and shall be for the period of April 15th through November 15th.

The license shall, however, be subject to future amendments to this section or other applicable regulations.

Parklet and/or Streatery.

No person shall operate a parklet or streatery within the City without first having obtained a parklet or streatery license in accordance with the requirements of Subsection 5-8.4c.

No parking space, parking lane or other portion of the public right-of-way shall be encumbered without prior approval by the Police Department. No parklet or streatery shall be installed without prior approval of the Zoning Officer. Use of the right-of-way along a State roadway may require consent, approval, or waiver by the New Jersey Department of Transportation.

The approval must be on premises and displayed in an unobstructed location.

The license shall not be transferable.

The license shall be valid for April 15th through November 15th.

The license shall, however, be subject to future amendments to this section or other applicable regulations.

§ 5-8.3 Fee.

[Ord. No. 2005-15; amended 12-16-2021 by Ord. No. 24-2021]

The following fees shall be required for the various outdoor dining options:

Outdoor Seating.

The annual fee for an outdoor seating license shall be $50 per seat payable upon submission of an application for a license.

Exempt from the annual license are retail food establishments that have received approval by resolution of the Planning Board or Board of Adjustment for outdoor seating. This exemption applies only for the specified number of seats permitted in the approving resolution.

Sidewalk Cafe.

The application fee shall be $100 payable upon submission of an application for sidewalk cafe license.

The annual fee shall be $50 per seat payable upon submission of an application for a license.

Parklet/Streatery.

The application fee shall be $100 payable upon submission of an application for a parklet or streatery license.

The annual fee shall be $1,000 per parking space (or for every 20 feet if a parking space is not marked) payable upon submission of an application for a license.

§ 5-8.4 Application.

[Ord. No. 2005-15; amended 12-16-2021 by Ord. No. 24-2021]

Outdoor Seating.

Each applicant for an outdoor seating license shall submit and file an application with the City Clerk together with three copies of an Outdoor Seating 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 primary building (if other than the applicant); and

The name and address of the person who has prepared the Outdoor Seating Plan; and shall be accompanied by the written authorization and approval of the owner of the primary building (if other than the applicant).

The "Outdoor Seating Plan" shall include the following information (and such other additional information, if any as may be deemed necessary and subsequently requested by the City):

Identification of the primary building and all properties immediately adjacent to such building, including names and addresses of the adjacent property owners; and

The plan shall be drawn to scale but does not require professional seals. The scaled drawing of the proposed design and location of the outdoor seating shall include setbacks, all temporary structures, equipment and apparatus to be used in connection with its operation, including tables, chairs, planters, awnings, lighting and electrical outlets (if any), provisions for storage of such structures, equipment and apparatus, and the location of any fire hydrant, plug or standpipe, utility pole, parking meter, or other permanent fixture between the primary building and the curb, including a clear indication of the presence of the required pedestrian passageway. If the outdoor seating is located on private property adjacent to the sidewalk, the plan shall demonstrate that the pedestrian traffic will in no way be impeded.

A statement of the seating capacity of the proposed outdoor seating and of the existing retail food establishment actually operated by the applicant in the primary building. The Zoning Officer in conjunction with the City Clerk shall approve or disapprove modification of the Outdoor Seating Plan within 15 business days following its submission.

Sidewalk Cafe.

Each applicant for a sidewalk cafe license shall submit and file an application with the City Clerk. The application shall set forth:

The name and address of the business that will be utilizing the sidewalk cafe;

The name and address of the business operator/owner;

The name and address of the property owner's name in which the business is located (if different from business operator/owner); and

A signed Hold Harmless clause for use of a sidewalk cafe within the public right-of-way.

The application fee, as specified in Subsection 5-3b.

The applicant shall submit three copies of a "Sidewalk Cafe Plan" and photographs of the storefront and the sidewalk. The "Sidewalk Cafe Plan" shall include the following information (and other such additional information, if any as may be deemed necessary and subsequently requested by the City):

All buildings, trees, street furniture, parking meters, utility poles, and other obstructions in front of the property within 10 feet of the proposed sidewalk cafe;

The width of the sidewalk cafe along the building facade;

The depth of the sidewalk cafe measured from the building facade to the outer partition or extent of tables, chairs, signs and accessories;

The width of the sidewalk measured from the outer partition or extent of tables, chairs, signs and accessories to the curb;

The identification of building entrance(s), including the establishment's entrance and any residential entrances;

All proposed partitions, tables, chairs, signs and accessories with the number of proposed seats identified;

Photographs or renderings of the proposed partitions, as applicable.

The applicant shall submit a Certificate of Liability Insurance that identifies the following:

A copy of the establishment's certificate of liability insurance in a minimum amount of $1,000,000 per occurrence and $2,000,000 in aggregate, naming the City of Lambertville and its agents, servants, and employees as additional insured.

The policy shall be kept in full force and effect during the license period.

The policy insurance must be occurrence based coverage.

Each Certificate of Insurance required hereunder shall include a thirty-day cancellation clause which shall provide notice to the Office of the City Clerk of the City of Lambertville. Any lapse in insurance coverage, for any reason, will result in the immediate suspension of the sidewalk cafe license.

The applicant shall submit an Insurance Certificate naming the City of Lambertville as additional insured and showing coverage for BYOB (Bring Your Own Bottle) and/or serving alcoholic beverages outside your premises.

A letter from the property owner (if different from the business operator/owner) authorizing a sidewalk cafe in front of the building.

Parklet or Streatery.

Each applicant for a sidewalk cafe license shall submit and file an application with the City Clerk. The application shall set forth:

The name and address of the business that will be utilizing the sidewalk cafe;

The name and address of the business operator/owner;

The name and address of the property owner's name in which the business is located (if different from business operator/owner);

The type of application the applicant is applying for (i.e. parklet or streatery);

The proposed days of the week and hours that the parklet or streatery will be utilized; and

A signed Hold Harmless clause for use of a sidewalk cafe within the public right-of-way.

The application fee, as specified in Subsection 5-3c.

The applicant shall submit three copies of a "Parklet or Streatery Plan" which shall include the following information (and other such additional information, if any as may be deemed necessary and subsequently requested by the City):

Length in feet and number of parking spaces (if not demarcated on the street, then a length of 20 feet per parking space shall be used);

Depth - the distance from the curb to the outer divider/barrier. Note this dimension will be limited by the parking lane width and required buffer/offset (if not demarcated on the street, then a width of seven feet per parking space shall be used);

The identification of hydrants, parking meters, as applicable, utility poles, street signs and any building entrances within the area;

The identification of building entrance(s), including the establishment's entrance and any residential entrances;

The number and placement of tables, chairs, signs and any other equipment;

For parklets, an architectural plan or rendering showing the proposed dimensions and materials of the parklet; and

For streateries, an architectural plan, sketch or rendering showing the proposed protective barriers and the location of the temporary ADA curb-ramp(s).

The applicant shall submit a Certificate of Liability Insurance that identifies the following:

The policy shall be kept in full force and effect during the license period.

The policy insurance must be occurrence based coverage.

A letter from the property owner (if different from the business operator/owner) authorizing a parklet or streatery front of the building.

§ 5-8.5 Term of License; Renewals.

[Ord. No. 2005-15; amended 12-16-2021 by Ord. No. 24-2021]

Outdoor Seating: All outdoor seating licenses shall be issued from April 15th and ending April 14th of the following year. Licenses may be renewed annually by filing of an application in accordance with the provisions of this section.

Sidewalk Cafe: All sidewalk cafe licenses shall be issued from April 15th and ending November 15th of the same calendar year. Licenses may be renewed annually by filing of an application in accordance with the provisions of this section.

Parlet or Streatery: All parklet and streatery licenses shall be issued from April 15th and ending November 15th of the same calendar year. Licenses may be renewed annually by filing of an application in accordance with the provisions of this section. Parklet or streatery structures must be removed from the parking zones outside of the permitted licenses timeframe.

§ 5-8.6 Rules, Regulations and Specifications.

[Ord. No. 2005-15; amended 12-16-2021 by Ord. No. 24-2021]

Provisions Applicable to All Outdoor Dining:

All outdoor dining activity must obtain the proper permits or licenses from the City.

Tents and Structures require separate approval. Obtaining an outdoor seating, sidewalk cafe, parklet or streatery license does not grant permission to erect a tent or structure.

All heating equipment must comply with the City's Fire Code.

Propane may not be stored in the right-of-way, including sidewalks).

Appropriate lighting is required at night.

Tables, chairs, accessories, and barriers must be provided by the licensee.

Outdoor dining operations can be shut down if found to be a nuisance to neighbors.

Outdoor Seating. Outdoor seating as authorized and operating pursuant to this section shall comply with all of the following rules and regulations, and such others as may be adopted by ordinance of the City Council.

The outdoor seating shall be operated and maintained in accordance with the Outdoor Seating Plan as finally approved, and by the same person who operates and maintains the abutting retail food establishment.

The placement of furniture, apparatus, decoration or appurtenance used in connection with the operation of the outdoor seating in relation to any fire hydrant, plug or standpipe permanent fixture shall be approved by specific written authorization of the Fire Official based upon his review of the Outdoor Seating Plan.

No furniture, apparatus, decoration or appurtenance used in connection with the operation of the outdoor seating shall be located in such a way as to impede the safe and speedy ingress and egress to or from any building or structure.

No furniture, apparatus, decoration or appurtenance used in connection with the operation of the outdoor seating shall be located in or project or protrude into the required pedestrian passageway.

Any table service provided at the outdoor seating shall be provided be persons engaged or employed for that purpose and shall be furnished to seated patrons only. Table service is not required, and retail food establishments that do not provide table service may operate outdoor seating in which patrons carry their food from inside the premises to tables located in the outdoor seating.

The outdoor area utilized by the outdoor seating shall be kept clear and free of litter and shall be washed as required. Trash receptacles shall be provided as required and approved by the City. If no table service is provided, the trash receptacles shall include those needed for recycling.

Noise shall be kept at such a level as to comply in all respects with the provisions of applicable ordinances of the City.

Outdoor seating shall be permitted to operate only within a licensed facility and only from 7:00 a.m. until 10:00 p.m. Monday through Thursday and 7:00 a.m. until 11:00 p.m. Friday through Sunday during the months of license period, inclusive.

Furniture, apparatus, decorations and appurtenances may be secured in accordance with an Outside Seating Plan which describes the method for securing same that is specifically approved by the Chief of Police and Fire Official, with particular attention being given to issues of ingress and egress and the possibility of the stored material being used to create a public hazard.

10.

No food may be prepared in the outside seating area or outside the primary building without the approval of the Fire Official.

11.

The licensee shall comply with all other ordinances of the City.

12.

Outdoor seating is prohibited on the public sidewalk.

Sidewalk Cafe. A sidewalk cafe as authorized and operating pursuant to this section shall comply with all of the following rules and regulations, and such others as may be adopted by ordinance of the City Council.

Sidewalk cafes are permitted so long as a minimum of four feet of pedestrian walkway is maintained on the sidewalk and provided for the general public subject to applicable ADA requirements, such as providing passing spaces at intervals of 200 feet maximum, that are five-foot by five-foot in dimension or, an intersection of two walking surfaces providing a T-shaped space with a five-foot square minimum with arms and base a minimum of three feet wide.

Where an operating establishment is located on a corner, all of the sidewalks fronting the establishment may be used for the sidewalk cafe.

Seating and tables must be up against the wall of the business or as close as possible unless an alternative design is approved by the Zoning Officer.

The sidewalk cafe area shall be separated from the public portion of the sidewalk, by a partition that is between 30 inches and 42 inches in height. The partition shall not obstruct, in any way, patrons, pedestrians, or public safety personnel from entering or exiting the establishment. Sidewalk cafes shall be exempt from the partition requirements provided the projection into the sidewalk is less than three feet and the Sidewalk Cafe Plan has been approved.

At no time shall the sidewalk cafe patrician, tables, chairs and any other cafe furniture or accessory block any residential entrance. A clear straight path from door to curb shall be provided and maintained for public safety reasons.

String lights, cafe lights, and similar temporary lights are permitted. While electrical cords running across the sidewalk are discouraged, if necessary, the cord shall be covered and secured to the sidewalk.

Any overhead covering shall be appropriate in style to the facade of the building and a permit application for the use of a tent shall be submitted as may be required. Advertising is not permitted on any overhead covering.

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 the governing body.

Outside speakers or other sound reproduction devices shall not be operated or used within a sidewalk cafe for any reason.

10.

Smoking shall not be permitted within a sidewalk cafe.

11.

The entire sidewalk area in front of the premises, including 18 inches into the street, must be maintained by sweeping or washing daily or more frequently, as needed, by the license.

12.

No preparation of food or beverages shall take place outdoors but shall be restricted to the inside of the establishment.

13.

No persons, other than those being served and personnel, shall be within the sidewalk cafe area except for those persons passing through the sidewalk cafe to enter or exit the premises. Patrons shall not be served outside of the partition.

14.

Holes drilled into the sidewalk for the support of partitions or overhead coverings shall not be permitted.

15.

Establishments 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 partition area, and shall be removed from the sidewalk each day.

Parklet or Streatery. A parklet or streatery as authorized and operating pursuant to this section shall comply with all of the following rules and regulations, and such others as may be adopted by ordinance of the City Council.

Provisions applicable to parklets and streateries:

Hours of operation shall be between 8:00 a.m. and 9:00 p.m. daily in residential (R) zones and between the hours of 8:00 a.m. and 11:00 p.m. in commercial (C) and nonresidential zones.

Parklets and streateries shall not be located within 25 feet of a crosswalk, 10 feet of hydrants or in handicap spaces, fire zones or loading zones.

The parklet and streatery design shall include a protective safety barrier, 36-42 inches in height (excluding plantings), around three sides adjacent to parking spaces and the drive aisle to preserve visibility for motorists and provide protection for patrons.

The protective safety barrier may be water-filled barriers, concrete barriers, heavy planters, self-built planters weighted with sand bags, or objects of similar size and weight, to visible separate seating from the travel lane and parking areas. These barriers must be at-least 18 inches wide at the base and at least 36 inches high. Barriers may not penetrate the surface of the public way.

The protective safety barriers shall also comply with design standards to be created and provided by the City.

Place the protective barriers directly adjacent to each other and no more than seven feet from the curb.

Do not place seating or barriers within eight feet of a crosswalk to provide for safe vehicle turns and avoid crowding.

(h)

Ensure visibility of patrons and protective barriers at night by clearly marking all barriers with yellow high intensity retro-reflective tape or reflectors.

(i)

Shade coverings, such as umbrellas or pop-up canopies, may be included as long as no part of the shade canopy extends into the travel lane or over the sidewalk; the shade covering must be anchored securely against wind; and all coverings are closed or removed overnight. Shade covering shall not contain advertising. Any shade covering shall be appropriate in style to the facade of the building and an application for the use of a tent shall be submitted as may be required.

(j)

No preparation of food or beverages shall take place outdoors but shall be restricted to the inside of the establishment.

(k)

No persons, other than those being served and personnel, shall be within the parklet or streatery area. Patrons shall not be served outside of the protective barrier.

(l)

Holes drilled into the sidewalk and/or roadway for the support of partitions or overhead coverings shall not be permitted.

(m)

If being used for non-table service use, refuse containers for trash and recycling shall be built into the design or provided and shall be emptied daily by the abutting retail food establishment. The abutting retail food establishment shall be responsible for cleaning in and around the parklet or streatery. The City of Lambertville shall not be responsible for cleaning or maintenance.

(n)

(o)

Outside speakers or other sound reproduction devices shall not be operated or used within a parklet or streatery for any reason.

(p)

Smoking shall not be permitted within a parklet or streatery.

(q)

The City reserves the right to require the removal or temporary relocation of any parklet or streatery within 14 days of written notice to the licensee for purposes of street repairs or other municipal work in or around the location of the parklet or streatery. The City further reserves the right to remove or have removed or relocated any parklet or streatery, upon order of the Police Lieutenant or Office of Emergency Management, in the case of an emergency or imminent hazard, or for reasons of public safety.

Provisions applicable to a parklet only.

The parklet shall consist of a platform design to be level with the top of the curb line and the adjacent sidewalk.

The platform shall be designed in such a way as to not impede rainwater sheet-flow of curbside drainage.

The platform shall not have more than a two-inch gap between planks of the platform.

The platform shall not obstruct access to or ventilation of utility covers.

The parklet platform shall also be anchored in such a way as to prevent floatation displacement.

One permanent sign identifying the abutting retail food establishment sponsor(s) of the parklet may be installed or painted on the protective safety barrier. The sign shall not exceed six square feet in size unless incorporated as an integral part of the design and approved by the zoning officer.

Lighting, if any, incorporated into the design of the parklet shall be low voltage, low-lumen and indirect with screening to prevent light shed onto adjacent properties and the vehicular travel lane. Any overhead lighting shall be turned off when the parklet is not in use. An exception may be made for security lighting at floor and bench height, such an exception may be approved by the Zoning Officer on a case by case basis.

(h)

Upon expiration or termination of the license, the licensee, at his/her/their own expense, shall remove the parklet platform and any accessory or appurtenances associated with it from the public right-of-way and shall restore the right-of-way as nearly as practicable to a condition consistent with the surrounding pavement. If the licensee fails to remove the parklet in full, the City may remove such improvements and make any repairs as may be necessary to restore the public right-of-way, at the sole cost and expense of the property owner; the cost of such removal, repair and/or replacement shall be a municipal lien against the licensee.

Provisions applicable to a streatery only.

Temporary ADA curb-ramps must be provided. For streateries up to two parking spaces or 40 feet in length, one ADA curb-ramp shall be required centrally located within the streatery. For streateries more than two parking spaces or greater than 40 feet in length, two ADA curb-ramps shall be required.

One sign, up to six square feet in size, shall be included for a streatery up to 280 square feet in size (i.e. seven feet by 40 feet in size or two parking spaces). For streateries larger than 280 square feet, two signs, up to six square feet in size, shall be located at either end of the streatery. Signs shall be positioned on the pavement within the boundaries of the streatery and not on the adjacent sidewalk. Signs shall:

(1)

The sign(s) shall clearly state whether the streatery is for table service only or open to the public, whichever the case may be; and

(2)

The sign(s) may identify the licensee of the streatery.