[HISTORY: Adopted by the Township Committee
of the Township of Union 7-13-1993 by Ord. No. 4260 (Ch. 390, Art. I, of
the 2004 Code). Amendments noted where applicable.]
[Amended 9-14-1993 by Ord. No. 4269]
The purpose of this chapter is to establish
a procedure and authorize rules and regulations thereunder for the
issuance of permits for outdoor cafes in the Township of Union.
For the purpose of this chapter, the following
words shall have the meanings respectively ascribed in this section:
Any eating establishment where food and other refreshments are served upon the public right-of-way, namely the sidewalks immediately in front of any restaurant, cafe, cafeteria or place of business where food and/or other refreshments are served, or where permitted on private property pursuant to Chapter 170, Land Development.
That area of the public right-of-way reserved for pedestrian
traffic from the curb to the front line of the building housing an
eating establishment.
It shall be unlawful for any person, firm, partnership,
corporation, association or organization of any kind (hereinafter
collectively referred to as "person") to create, establish, operate,
maintain or otherwise be engaged in the business of conducting an
outdoor cafe upon the sidewalks of the Township of Union, or on private
property, unless such person shall hold a currently valid permit issued
pursuant to the terms of this chapter.
No permit shall be issued hereunder unless the
permittee shall demonstrate that a minimum of six feet of unobstructed
paved surface will be available for pedestrian traffic around or through
such outdoor cafe and that such outdoor cafe is directly in front
of an eating establishment as hereinabove defined. No food or drinks
served at such outdoor cafe shall be prepared or stored other than
in the interior of the eating establishment. The term "directly in
front of" shall confine the cafe to the area represented by an extension
of each side of the store occupied by the eating establishment projected
directly to the curbline immediately in front thereof.
Application for the permit required hereunder
shall be made to the Construction Code Official and shall be signed
by the applicant. The application shall contain the following information:
A.
The name, residence,
address and telephone number of each individual, owner and partner;
or if a domestic corporation, the names, residence addresses and telephone
numbers of the directors and officers owning a ten-percent or greater
interest in the corporation and the chief operating executive of the
corporation; and if a nondomestic corporation, the name, residence
address and telephone number of the managing officer for service of
process within the State of New Jersey and a copy of the qualification
of said nondomestic corporation to conduct business in the State of
New Jersey.
B.
A copy of the
trade name or corporate, business or fictitious name upon which the
applicant intends to do business pursuant to this chapter.
C.
The address and
description of each place where the applicant intends to establish
or operate an outdoor cafe.
D.
The name and address
of the person owning the premises, if other than the applicant, and
the consent of the owner of the premises to the application.
E.
Proposed layout
plan.
(1)
Three sets
of a proposed layout plan containing scaled drawings clearly illustrating
the number, type of materials, color and location of all tables, chairs,
umbrellas or other furnishings or fixtures intended to be located
in the outdoor cafe shall be submitted. The perimeter of the outdoor
cafe shall be defined and set off by a portable-type enclosure, which
may include live plantings. The enclosure shall define the perimeter
of the area to be used as an outdoor cafe and shall separate it from
the pedestrians traversing the adjacent sidewalk. The enclosure shall
not contain doors or windows nor air-conditioning or heating equipment
and shall be open at all times to the air from a height of not more
than three feet. Awnings or outdoor umbrellas extending over the enclosure
are permitted.
(2)
The scaled
drawings shall also illustrate the following:
(a)
The location
of any doors leading from the eating establishment to the outdoor
cafe. No such doors may be obstructed in any manner.
(b)
The number
of feet and location of unobstructed space permitting free passages
of pedestrian traffic around or through each outdoor cafe.
(c)
The location
of the place where any food or drink is intended to be prepared.
(d)
An illustration
of the enclosure or protective barrier separating the eating and serving
area of each outdoor cafe from pedestrian traffic.
(e)
The location
of all fire hydrants, parking meters, utility poles, benches, handicap
ramps, street furniture, trees and any other fixtures permanently
located on the sidewalk in front of the eating establishment or within
10 feet thereof on either or any side.
F.
An application
fee of $150 (per season) to be paid by the applicant for any establishment
located within the Special Improvement District. All other application
fees shall be $275.
[Added 9-14-1993 by Ord. No. 4269; amended 9-10-2002 by Ord. No.
4745]
The Construction Code Official will review the
application for completeness and compliance with the terms of this
chapter. If the application is complete, the Construction Code Official
will act upon the same within 10 business days of the submittal of
the application or within 10 business days after the application becomes
complete. If the application is not complete, the Construction Code
Official will so notify the applicant within 10 business days of the
submission and specifically detail the areas in which the application
lacks compliance with the requirements of this chapter.
If the application complies with the article,
the Construction Code Official shall issue a permit strictly subject
to the terms and conditions of this chapter.
The permit is personal to the applicant, and
any change or transfer of ownership of the outdoor cafe shall terminate
the permit and shall require new application and a new permit in conformance
with all of the requirements of this chapter.
Acceptance of the permit by the applicant shall
operate as a consent to the health, fire, police and building officials
of the Township to inspect the outdoor cafe for continued compliance
with the terms and conditions of this chapter and any federal, state,
county or local law, ordinance or regulation affecting the same.
No permit required by this chapter shall be
granted to any person to operate an outdoor cafe until such person
shall have filed with the Construction Code Official a statement agreeing
to indemnify and hold harmless the Township of Union and its agents,
servants, representatives or employees from any or all claims, damages,
judgment costs or expenses, including attorney fees, which they or
any of them may incur or be required to pay because of any personal
injury, including death, or property damage suffered by any person
or persons as a result of or related in any way to the operation and
maintenance of the outdoor cafe for which the permit is issued.
A.
No permit required
by this chapter shall be granted to any person to operate an outdoor
cafe until such person shall have first filed with the Construction
Code Official a comprehensive general liability policy issued to such
person by a public liability insurance company authorized to do business
in the State of New Jersey affording the coverages set forth below
in the amounts specified. Such insurance policy shall name the Township
of Union, 1976 Morris Avenue, Union, New Jersey 07083, and its agents,
officers, servants, representatives and employees, as additional insured
with respect to the operation and maintenance of the outdoor cafe
in the following amounts:
[Amended 4-25-1994 by Ord. No. 4316]
B.
The insurance
coverage required by this section shall at all times be maintained
for the full amount. The policy of insurance required by this section
to be filed with the Construction Code Official shall contain a clause
obligating the company issuing the same to give not less than 30 days'
written notice to the Township Clerk before cancellation or amendments
of any of the terms thereof. Notice of cancellation shall not relieve
the company issuing such policy of liability for any injury or claim
arising before the cancellation becomes effective. The cancellation
of any such policy shall have the immediate effect of suspending the
permit of such person to operate the outdoor cafe covered thereby
until a new policy complying with the provisions of this section is
filed with the Construction Code Official and a letter in writing
confirming the new effective date of the permit is issued by the Construction
Code Official.
Every insurance policy required hereunder shall
contain a provision for continuing liability thereunder to the full
amount thereof, notwithstanding any recovery thereon, that the liability
of the insured shall not be affected by the insolvency or the bankruptcy
of the insured and that until the policy is canceled the insurance
company will not be relieved from liability on account of nonpayment
of premium or of any act or omission by the named insured. Such policy
of insurance shall be further conditioned for the payment of any and
all judgments up to the limits of such policy.
Any permit issued hereunder is issued solely
as a revocable permit, which shall be subject to revocation or suspension
by the Township Administrator or Construction Code Official for failure
of any permittee to comply with this chapter or for violation of any
other applicable federal, state, county or municipal law, regulation
or ordinance. Any permit issued hereunder is issued upon the express
understanding that the permittee obtains no property right thereunder
nor any interest in the continuation of said permit.
It shall be unlawful for any person to operate
an outdoor cafe after the suspension or termination of the applicable
permit.
Each permittee is responsible for keeping the
area of the outdoor cafe and the adjacent walks and streets free and
clear of any debris or litter occasioned by the cafe. Areas must be
cleaned as needed and at the time that business is closed and at the
beginning of each business day, but not later than 9:00 a.m. No disposable
paper plates, styrofoam or plastic cups, paper napkins or plastic
utensils shall be used.
[Amended 9-14-1993 by Ord. No. 4269]
No vending machines, food serving stations or
bars of any kind, are permitted on the exterior of any building operating
an outdoor cafe.
No signs shall be permitted in the area of the outdoor cafe except signs on the awnings complying with § 170-2201 of Chapter 170, Land Development, of the Township of Union Code. Outdoor umbrellas located in the outdoor cafe shall be exempt from § 170-2201 of Chapter 170, Land Development, of the Township of Union.
In addition to the powers of suspension or revocation
as set forth above, the Township reserves the right to modify, suspend
or revoke any permit on 10 days' written notice if the Township determines
that pedestrian traffic is, in fact, impeded or made unsafe because
of the operation of the outdoor cafe or because of any other safety
issue which the Township determines adversely affects the Township
because of such operation. The permit may also be suspended or revoked
on 10 days' written notice in the event that the Township determines
that it is necessary to utilize the area or any part thereof for the
maintenance or installation of underground utilities. In the event
of an emergency, which emergency is certified by the Township Administrator,
the permit may be suspended or revoked without notice.
[Amended 9-14-1993 by Ord. No. 4269]
If the applicant is the holder of an alcoholic
beverage control permit pursuant to the laws of the State of New Jersey,
it shall be the applicant's responsibility to cause the alcoholic
beverage control permit to be amended to include the premises utilized
for outdoor cafe purposes in order to serve alcoholic beverages therein.
Such application shall be restricted to table service of wine and
beer only.
[Amended 8-23-2011 by Ord. No. 5207]
Outdoor cafes shall be permitted to operate
from January 1 to December 31 in any calendar year, said permit to
be valid for one year.
No tables, chairs or other equipment used in
the outdoor cafe shall be attached, chained or in any manner affixed
to any tree, post, sign, curb or sidewalk or property of the Township
of Union within or near the permitted area.
The permittee agrees at the end of the permit
period, or in the event that the permit is temporarily or permanently
suspended or revoked, that the permittee will, at his own cost and
expense, vacate the sidewalk space and promptly remove any property
placed thereon. Failure to do so on five days' written notice shall
grant to the Township the right to remove any property on the sidewalk,
and the permittee agrees to reimburse the Township for the cost of
removing and storing the same.
The permittee shall not direct or permit to
be directed to or from the area occupied by the outdoor cafe any bell,
chime, siren, whistle, loudspeaker, public address system, radio,
sound amplifier or similar device.
[Amended 9-14-1993 by Ord. No. 4269]
No outdoor cafe shall open for business prior
to 7:00 a.m. or remain open for business after 11:00 p.m. All persons
occupying the outdoor cafe shall vacate the same no later than 11:30
p.m. Said closing times may be extended by the permittee for one hour
on Friday and Saturday only.
Table service is required.
[Added 10-26-2004 by Ord. No. 4842; amended at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
Any person violating any of the provisions of
this chapter shall, upon conviction thereof, be subject to one or
more of the following: imprisonment in the county jail or in any other
place provided by the municipality for the detention of prisoners
for any term not exceeding 90 days or by a fine not exceeding $2,000
or by a period of community service not exceeding 90 days.
