Any person, firm, corporation or organization which operates
a restaurant may operate the business of an outdoor cafe, as hereinafter
defined, in the B-1 Central Business District, commercial district,
and any licensed eating establishment where food and other refreshments
are served; provided, however, that such use and operation in the
various zone districts shall be in accordance with the terms and conditions
hereinafter set forth. An "outdoor cafe" shall mean and include any
licensed eating establishment where food is served.
The fee for an outdoor cafe shall be $100 per season, and there
shall be no proration of the fee for the initial season or for any
shorter period of time for which a license is obtained.
[Amended 2-14-2023 by Ord. No. 2978]
All outdoor cafe licenses issued under this section shall expire
on November 30, 2024, unless the Mayor and Council, by ordinance,
extend the time for which this section shall apply.
An outdoor cafe, authorized and operating pursuant to this section,
shall comply with all of the following rules and regulations and such
others as may be adopted from time to time by resolution or ordinance
of the Mayor and Council of the City of Garfield:
A. The cafe shall be operated and maintained in accordance with the
layout plan as finally approved.
B. All outdoor dining areas shall allow at least eight feet of passage
between tables and chairs and the curb.
C. All outdoor dining areas shall allow at least six feet of unobstructed
access to building entrances and exits.
D. Dining tables must be spaced at least six feet apart and be on a
paved surface or other stable surface.
E. No furniture, apparatus, decoration or appurtenance used in connection
with the operation of the outdoor cafe shall be located in such a
way as to impede the safe and speedy ingress and egress to or from
any building or structure. Tables and chairs shall be placed adjacent
to the building on the premises.
F. Service in the outdoor cafe shall be provided by persons engaged
or employed for that exclusive purpose and shall be furnished to seated
patrons at tables only.
G. The area utilized for the cafe shall be kept clean and free of litter.
Trash receptacles shall be provided. Sidewalk areas shall be kept
clean during hours of operation. Litter shall not be permitted on
adjoining sidewalks or property. Sidewalks must be swept daily and
debris placed in appropriate containers and not in the street or gutter.
Sidewalks shall be washed as necessary.
H. Noise shall be kept at such a level as to comply with all provisions
of the City ordinances relating to noise. In addition, there shall
not be any public address systems, loudspeakers, sound systems, radios,
or any other type of exterior sound system. No entertainment of any
kind shall be permitted.
I. Outdoor cafes shall be permitted to operate from 11:00 a.m. to 10:00
p.m.
J. The outdoor cafe shall be actually operated and maintained by the
same person who operates and maintains the related restaurant of which
the cafe is a part and extension thereof.
K. All food preparation shall be in the regular kitchen area of the
related restaurant, and such food preparation shall not be permitted
inside the cafe area.
L. All outdoor furniture used in the cafe operation shall be of quality
construction and durable for continued outdoor use. Outdoor furniture,
including umbrellas, shall not contain advertising or logos of any
type.
M. No food or beverage items shall be served in or upon paper products,
plastic products or styrofoam, and no plastic utensils shall be utilized.
N. Alcoholic beverage service and consumption shall only be permitted
with food service to the customers. This alcoholic beverage service
and consumption shall be allowed in public notwithstanding any City
ordinance to the contrary; however, the service of alcoholic beverages
shall be in strict conformance with any and all rules and regulations
of the Alcohol Beverage Commission.
O. All necessary amendments to liquor license applications with regard
to the description of the area of the licensed premises shall be made
and approval for such obtained prior to the operation of an outdoor
cafe which is a part of a premises for which a liquor license has
been previously issued.
P. Public restroom facilities shall be provided in the building on the
premises.
Q. There shall be no additional signage on the premises.
R. The City retains the right to temporarily suspend an outdoor cafe
license to allow for construction activity, utility repairs, special
events or for any reasons deemed appropriate.
Any person convicted of a violation of any of the provisions
of this chapter shall be subject to a fine not to exceed $1,000. Each
violation of a provision of this section, and each day that a violation
continues, shall constitute a separate offense.
The City Clerk shall be responsible for receiving applications
under this article and shall forward the applications for review,
to the City Manager. The City Clerk shall also be responsible for
the collection of fees. This article shall be enforced by the Zoning
Officer, the Police Department, the Board of Health as to the Sanitary
Code, the Superintendent of Public Works as to trash, litter and recycling
regulations, the City's Fire Safety Official, the City Construction
Official, the City Manager, or any other City official as designated
by the City Manager.