[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 § 22:24-6; 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.