[Ord. 6 F+FI, 4-17-1996 § 22:24-1]
These regulations shall hereafter be known and cited as "Sidewalk
Cafes."
[Ord. 6 S+FI, 4-17-1996 § 22:24-2]
As used in this chapter:
Shall mean an establishment whose primary activity is the
preparation of food for consumption by the public on its premises.
By way of example retail food establishments may include a restaurant,
coffeeshop, luncheonette or sandwich shop. Pushcart vendors are specifically
excluded.
Shall mean a designated outdoor area that is located on the
public sidewalk or right-of-way immediately adjacent to the property
of an existing retail food establishment and where food and beverages
that are normally offered to the public inside the retail food establishment
are offered and served to the public in the designated outdoor area.
[Ord. 6 S+FI, 4-17-1996 § 22:24-3]
No person shall operate a sidewalk cafe without having first
obtained a license from the City of Newark and satisfying all the
requirements of this chapter.
[Ord. 6 S+FI, 4-17-1996 § 22:24-4]
An application for a sidewalk cafe license shall be made on
a form to be issued by the Division of Tax Abatements/Special Taxes.
The applicant must be the owner or registered agent of a permitted
retail food establishment in the City. All sidewalk cafes must 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.
The application must contain a sketch indicating the location
and dimensions of the sidewalk cafe, the number and placement of tables
and chairs, and all other information deemed necessary by the Director,
Department of Engineering. Once a completed application is received
by the Manager, Division of Tax Abatements/Special Taxes, it shall
be forwarded to the Director of the Department of Engineering who
shall conduct an investigation into the data contained in the application.
The Director of Engineering shall take into consideration the location,
potential interference with pedestrian or vehicular traffic, appropriateness
of design, business record of the applicant, and safety, health and
welfare considerations. Based upon the investigation, the Director
of the Department of Engineering shall recommend approval, disapproval
or modification of the license.
All local property taxes and water and sewer charges must be
current at the time an application for a sidewalk cafe is received
by the City or review of the application will not take place.
[Ord. 6 S+FI, 4-17-1996 § 22:24-5]
[Ord. 6 S+FI, 4-17-1996 § 22:24-6; Ord. 6 S+FE, 6-21-2006 § 1]
a.
No sidewalk cafe shall be permitted to project into the public right-of-way,
so as to leave less than five feet for the passage of pedestrian traffic.
The five-foot passage area must be free and clear of all obstructions
including street lights, stanchions, street signs, utility poles,
street trees, fire hydrants, etc.
b.
No preparation of food or beverages shall take place outdoors but
shall be restricted to the inside of the licensed establishment.
c.
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 by the licensee and as prescribed in Section 15:9-1 of these Revised General Ordinances.
d.
Outdoor or patio type furniture must be used. Upholstered furniture
is prohibited.
e.
After closing of the cafe, the operator shall have all furniture,
apparatus, barriers, planters that weigh less than 100 pounds, and
any other items used in connection with the sidewalk cafe removed
from the sidewalk and into the property of the operator within 30
minutes after closing.
f.
No permanent form of space delineation or construction for the sidewalk
cafe will be permitted within the public right-of-way. Portable barriers
or planters not less than three feet nor more than four feet in height
shall be placed on the sidewalk to define the cafe area and the unobstructed
passageway and shall be removed when the cafe is not in operation.
g.
Canopies or awnings over a sidewalk cafe must be totally retractable
and have a minimum clearance of 10 feet from the sidewalk to the bottom
of the canopy/awning.
h.
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.
i.
Signage including advertising signage for the sidewalk cafe is prohibited.
j.
Musical instruments or sound reproduction devices shall not be operated
or used within a sidewalk cafe for any reason.
k.
Sidewalk cafes shall be permitted to operate between the hours of
11:00 a.m. and 1:00 a.m. only.
l.
Sidewalk cafes shall be permitted to operate in front of the entire
building facade provided the licensee provides an executed lease with
the building owner for the sidewalk area.
[Ord. 6 S+FI, 4-17-1996 § 22:24-7]
No retail food establishment may sell, serve, deliver or allow
consumption of alcoholic beverages in or upon any premises or upon
any sidewalk cafe as defined under this chapter without having first
obtained the necessary approval by the City of Newark Alcohol Beverage
Control Board in accordance with all applicable State and Municipal
regulations. Such approval is separate from and must be obtained in
addition to a license to operate a sidewalk cafe.
Patrons of a sidewalk cafe that does not have a license to sell
alcoholic beverages on the sidewalk area upon which the cafe has been
authorized to operate pursuant to these regulations shall not be permitted
to carry onto or consume any alcoholic beverages on such sidewalk
area.
[Ord. 6 S+FI, 4-17-1996 § 22:24-8]
The sidewalk cafe license shall be personal to the applicant
and may not be sold, leased or transferred and shall be deemed revoked
by the sale or transfer of lease or of title to the building to which
the sidewalk cafe is related.
Any and all licenses issued pursuant to the terms of this chapter
shall permit sidewalk cafe operations to begin no earlier in the year
than April 15th and shall terminate not later than October 30th of
the year in which the license is issued. All licenses must be renewed
annually.
[Ord. 6 S+FI, 4-17-1996 § 22:24-9]
Every applicant for a sidewalk cafe license shall, before the
license is granted, file with the Division of Tax Abatement/Special
Taxes, a Comprehensive (Commercial) General Liability Insurance Policy
naming the City of Newark as an additional insured in an amount of
at least $2,000,000 covering bodily injury and property damage arising
out of any accident. The insurance policy must be issued by an insurance
company authorized to do business in the State of New Jersey which
has a policyholders' rating of "A" or better in the latest edition
of Best's Insurance Reports. The insurance shall be on an "occurrence"
basis. The policy shall agree to defend, indemnify and save harmless
the City of Newark from any and all damages, judgments, costs or expense
which may result by reason of the granting of the license or operation
of the sidewalk cafe. The policy shall be kept in full force and effect
during the operation of the sidewalk cafe and is subject to the approval
of the Corporation Counsel. Should the licensee fail to maintain the
insurance as required by this section, the license shall be immediately
revoked and the sidewalk cafe removed. Should the licensee fail to
remove the sidewalk cafe, the Director of Engineering shall have the
same removed and charge the cost to the licensee which shall exist
as a lien against the property.
[Ord. 6 S+FI, 4-17-1996 § 22:24-10]
In addition to obtaining the insurance coverage, the applicant/owner
of the sidewalk cafe shall execute a hold harmless agreement in which
the applicant/owner of the sidewalk cafe 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.
[Ord. 6 S+FI, 4-17-1996 § 22:24-11; Ord. 6PSF-F, 6-15-2016]
If a sidewalk cafe is found to be in violation of this chapter
or any other chapter, the Manager, Division of Tax Abatement/Special
Taxes shall conduct a hearing after providing written notice of same
at least 10 days in advance thereof to all affected parties. At the
request of the Manager, Division of Tax Abatement and Special Taxes,
a representative of the Department of Engineering and a representative
from the Office of Inspections and Enforcement of the Department of
Engineering shall conduct an investigation of the sidewalk cafe and
report their findings to the Manager at the hearing which he/she shall
conduct. If found to be in violation of this or any other chapter,
he/she shall revoke the sidewalk cafe license.
Upon revocation of any license by the Manager, Division of Tax
Abatement and Special Taxes, he shall order the removal of the sidewalk
cafe within 10 days of written notice.
Any applicant/establishment which has had its sidewalk cafe
license revoked under the terms of this chapter shall be prohibited
from operating a sidewalk cafe for a period of two years.
[Ord. 6 S+FI, 4-17-1996 § 22:24-12]
The City of Newark reserves all rights, privileges and immunities
concerning its public easement over all streets and sidewalks within
the City whether or not any projection or encumbrance has been permitted
to be erected on same without any waiver of such rights, privileges
or immunities whether expressed or implied.
