[Ord. No. 2006-06, § I; Ord. No. 2007-11, § I; Ord. No. 2019-14]
For the purposes of this Chapter, the following words or phrases
shall have the meanings respectively ascribed to them by this section:
The building whose principal facade fronts on the sidewalk
where the sidewalk cafe is or is proposed to be located.
The portion of the facade of a building, which fronts on
a public street.
An area of sidewalk, parallel to the principal facade, at
least six feet wide between the sidewalk cafe and the adjacent curb,
which area shall be unobstructed by trees, light poles, trash receptacles,
parking meter posts, telephone booths and similar structures.
An establishment actually located within the adjacent 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, soda fountain, sandwich shop, and delicatessen.
The paved surface provided for the exclusive use of pedestrians
and situated between and extending from any building to the curb of
any street, whether private or public property (excluding any unpaved
area).
A retail food establishment (as defined herein):
Serving food that has been prepared on the premises to be consumed
by the public at tables located within that more or less rectangular
portion of the sidewalk which lies within the area bounded by the
public street, the principal facade of the adjacent building, and
the imaginary perpendicular lines running from the outer edge of such
principal facade to the public street;
Containing one row of readily removable tables and chairs not
exceeding six feet in width with temporary railings and/or planters;
and
Unenclosed by fixed walls or ceilings, except for retractable
awnings, umbrellas or other nonpermanent enclosures that in no way
present a safety hazard to or impede pedestrian traffic.
[Ord. No. 2006-06, § I; Ord. No. 2019-14]
No person, firm, or corporation shall pursue the business or
occupation of selling food or drink in a public place as defined in
section 29-1, to be consumed on the premises in the Municipality of
Princeton, until the owner, lessee, or proprietor shall have first
obtained from the Municipal Clerk a license to carry on or conduct
the same and paid to the Municipal Clerk an annual fee to be determined
in the following manner:
|
Exterior sidewalk cafe seating:
| |
|---|---|
|
1 to 8
|
$200
|
|
9 to 12
|
$300
|
|
Over 12 not to exceed 24 seats
|
$600
|
[Ord. No. 2006-06, § I; Ord. No. 2019-14]
(a)
Each applicant for a sidewalk cafe license shall submit and file
an application with the Municipal Clerk, together with four copies
of a cafe plan (as defined below), and the nonrefundable $250 application
review fee. The application shall set forth:
(1)
The name and address of the applicant;
(2)
The name and address of the owner of the adjacent building (if other
than the applicant); and
(3)
The name and address of the person who has prepared the cafe plan;
and shall be accompanied by the written authorization and approval
of the owner of the adjacent building (if other than the applicant).
(b)
The term cafe plan shall mean a plan setting forth the following
information:
(1)
Identification of the adjacent building and all properties immediately
adjacent to such building;
(2)
A scaled drawing of the proposed design and location of the sidewalk
cafe, 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
the storage of such structures, equipment and apparatus, proposed
signage and the location of any fire hydrant, plug or standpipe, utility
pole, parking meter stanchion, telephone booth, or other permanent
fixture between the adjacent building and the curb, including a clear
indication of the presence of the required pedestrian passageway.
(The plan shall be drawn to scale, but need not be prepared professionally.)
The plan shall demonstrate that pedestrian traffic along the sidewalk
upon which the sidewalk cafe is proposed to be located will in no
way be impeded, and that the provisions of Section 29-6 of this Chapter
will be satisfied.
(3)
A certificate of insurance as set forth in Section 29-4 of this Chapter.
(4)
A statement of the seating capacity of the proposed sidewalk cafe
and of the existing retail food establishment actually operated by
the applicant in the adjacent building.
The Municipal Clerk shall approve or disapprove the initial
application or request for modification of the cafe plan within 15
days following its submission after referral of the cafe plan to the
Chief of Police, the Fire Official, Health Officer and the Zoning
Officer for inspection and written recommendation.
In the case of the zoning officer, such recommendation shall
include an inspection of the condition of the sidewalk upon which
the sidewalk cafe is proposed to be located and the adjacent curbing.
[Ord. No. 2006-06, § I; Ord. No. 2019-14]
(a)
The following wording must appear on the insurance certificate:
"The certificate holder (Municipality of Princeton) is included
as an additional insured with respect to losses arising solely from
the operation of the Sidewalk Cafe."
(b)
The following wording may appear on the insurance certificate or
the applicant may provide this statement as a separate signed notarized
agreement:
"The licensee shall indemnify and hold harmless the Municipality
of Princeton and its agents and employees from and against all claims,
damages, losses and expenses, including but not limited to attorney
fees, arising out of the operation of the Sidewalk Cafe, providing
that such claims, damages, losses or expenses (1) are attributable
to bodily injury, sickness, disease or death, or to injury to or destruction
of tangible property, including the loss of use resulting therefrom
and (2) are caused in full or in part by a party indemnified hereunder."
(c)
Ten days' written notice of cancellation must be provided to
the Municipality.
(d)
Insurance in force must be written by a company licensed to do business
in the State of New Jersey.
(e)
Minimum coverage requirements are:
(1)
General aggregate - $1,000,000;
(2)
Products and completed operation aggregate - $1,000,000;
(3)
Personal and advertising injury - $1,000,000;
(4)
Each occurrence - $1,000,000;
(5)
Fire damage (any one fire) - $50,000;
(6)
Medical expense (any one person) - $5,000;
(7)
Workmen's compensation - Statutory requirements;
(8)
Employers liability - $100,000 (each Accident) $500,000 (Disease
- policy limit) $100,000 (Disease - each employee)
[Ord. No. 2006-06, § I; Ord. No. 2019-14]
All sidewalk cafe licenses shall be issued for the twelve-month
period commencing April 1 and ending March 31 of the following year.
Licenses may be renewed annually by the filing of an application in
accordance with the provisions of Section 29-3. If the cafe plan is
to be modified, a new cafe plan with a nonrefundable $250 application
review fee must accompany the renewal application. The Municipality
may temporarily suspend a sidewalk cafe license if access to the sidewalk
is needed in connection with public work to be performed in the area.
[Ord. No. 2006-06, § I; Ord. No. 2019-14]
A sidewalk cafe authorized and operating pursuant to this Chapter
shall comply with all of the following rules and regulations, and
such others as may be adopted by ordinance of the common council.
(a)
The cafe shall be operated and maintained in accordance with the
cafe plan as finally approved, and by the same person who operated
and maintains the abutting retail food establishment.
(b)
The placement of commercial grade wood or metal furniture, apparatus,
decoration or appurtenance used in connection with the operation of
the sidewalk cafe 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 cafe plan.
(c)
No furniture, apparatus, decoration or appurtenance used in connection
with the operation of the sidewalk 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.
(d)
No furniture, apparatus, decoration or appurtenance used in connection
with the operation of the sidewalk cafe shall be located in or project
or protrude into the required pedestrian passageway.
(e)
The sidewalk cafe may be separated from the required pedestrian passageway
by a suitable temporary and portable barrier designed for such or
similar use and not exceeding four feet in height, which shall have
been shown on the approved as part of the cafe plan.
(f)
Any table service provided at the sidewalk cafe shall be provided
by 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
sidewalk cafes in which patrons carry their food from inside the premises
to tables located in the sidewalk cafe.
(g)
The sidewalk area utilized by the sidewalk cafe shall be kept clean
and free of litter and shall be washed as required. Trash receptacles
shall be provided as required and approved by the Municipality. If
no table service is provide, the trash receptacles shall include those
needed for recycling.
(h)
The following types of signs and decorations are prohibited within
the sidewalk cafe and the portable barrier:
(i)
Noise shall be kept at such a level as to comply in all respects
with the provisions of applicable ordinances of the Municipality.
(j)
Sidewalk cafes shall be permitted to operate only within a zoning
district in which retail food establishments are permitted by right
or when otherwise authorized under the applicable Land Use Code, and
only from 7:00 a.m. until 10:00 p.m.
(k)
Furniture, apparatus, decorations and appurtenances may be secured
in accordance with a sidewalk cafe plan which describes the method
for securing same that is specifically approved by the chief of police
and the fire chief with particular attention being material being
used to create a public hazard.
(l)
No food may be prepared in the sidewalk cafe or outside the adjacent
building.
(m)
The licensee shall comply with all other ordinances of the Municipality.
[Ord. No. 2006-06, § I; Ord. No. 2019-14]
Nothing in this Chapter shall be construed as prohibiting the
holder of a license issued under this Chapter, who does not also hold
a plenary retail consumption, plenary retail distribution or club
license issued under Chapter 3 of the "Code of the Township of Princeton,
New Jersey, 1968," to permit its customers and patrons to consume
wine or malt alcoholic beverages in accordance with N.J.S.A. 2C:33-27.
[Ord. No. 2006-06, § I; Ord. No. 2019-14]
Upon a determination by the Municipal Clerk that a licensee
has violated one or more of such provisions, the Municipal Clerk shall
give written notice to the licensee to correct such violation within
24 hours of the receipt of such notice by the licensee. In the event
that the licensee fails or refuses to correct such violation within
such period, a license revocation shall take effect immediately. A
revoked license holder shall be subject to daily penalties if immediate
compliance does not occur.
[Ord. No. 2006-06, § I; Ord. No. 2019-14]
Any person aggrieved by any action of the Municipal Clerk, in
the denial or revocation of a sidewalk cafe license, shall have the
right to appeal to the borough administrator. The appeal shall be
taken by filing with the Municipal Clerk, within 10 days after the
notice of the action complained of has been served personally upon
the licensee or mailed, postage prepaid, to the licensee at the address
given by the licensee in making application under section 29-3 herein,
a written statement setting forth fully the grounds for appeal. The
Municipal Clerk shall set a time and place of hearing for the appeal,
at which time the Municipal Administrator shall conduct a hearing
and affirm, modify or reverse the action appealed from.
Any person aggrieved by a decision of the Municipal Administrator
may make an appeal to the common council. Such appeal shall be taken
by filing with the Municipal Clerk within 10 days after notice of
the decision has been made, a written statement setting forth fully
the grounds of the appeal, along with a fee of $25. The Municipal
Clerk shall set a time and place of hearing for the appeal, at which
time the common council shall conduct a hearing and affirm, modify
or reverse the decision appealed from.
[Ord. No. 2006-06, § I; Ord. No. 2019-14]
Any person convicted of a violation of any of the provisions
of this Chapter shall be subject to a fine of at least $200 and not
exceeding $500 for each and every offense in addition to court costs.
