City of Hoboken, NJ Chapter 138 Outdoor Dining

[HISTORY: Adopted by the City Council of the City of Hoboken 3-9-2022 by Ord. No. B-441. Amendments noted where applicable.]

§ 138-1 Purpose; applicability.

[Amended 4-26-2024 by Ord. No. B-658; 2-19-2025 by Ord. No. B-738]

A. The purpose of this chapter is to stimulate the local economy by creating opportunities for restaurants, bars, distilleries, and breweries through expanded outdoor dining opportunities and to provide a safe, comfortable environment for residents and visitors to enjoy public spaces within the City of Hoboken.

B. The provisions of this chapter shall take effect immediately upon of the chapter as provided by law.

C. This chapter is not intended to supersede but shall be read in pari materia with other applicable State of New Jersey, County of Hudson, and City of Hoboken laws governing the use of streets, sidewalks, and rights-of-way, and with State of New Jersey and City of Hoboken laws pertaining to the service and consumption of alcoholic beverages.

D. As of the effective date, any parklet not in compliance with Chapter 138 must remedy non-compliant elements of the parklet within 30 days. If the violations of this chapter are not remedied within 30 days, then the owner of the parklet must cease parklet operations immediately and remove the parklet from the public right-of-way until the structure meets the new requirements under this section of the Code. Nothing in this section shall preclude the City of Hoboken from issuing violations for non-compliance at any time, regardless of whether the owner has received prior notice.

E. Effective April 1, 2025, parklets must be structured to allow for access to the entire area underneath their structures for daily cleaning and/or inspection. This requirement may be met through multiple means, including but not limited to:

(1) Hinged trap doors.

(2) An open base with full visibility.

(3) Other structurally sound designs that allow for cleaning access.

§ 138-2 Definitions.

[Amended 2-19-2025 by Ord. No. B-738]

As used in this chapter, the following terms shall have the meanings indicated:

AMENITY STRIP

The outside portion of the sidewalk, closest to the street, typically two feet to four feet in width, where signs, parking meters, trees and public amenities such as benches and bike racks are located.

BAR

A place of business duly licensed by the Alcoholic Beverage Control Board for the sale and on-premises consumption of alcoholic beverages by the drink as the principal or primary use, with the option of some food service provided, including but not limited to prepackaged snacks.

BREWERY

A business operating under a brewery license pursuant to N.J.S.A. 33:1-10 of the State of New Jersey.

DISTILLERY

A business that has been issued, and is in compliance with, a distillery license pursuant to N.J.S.A. 33:1-10 of the State of New Jersey.

PARKLET

A semi-permanent patio or deck, whether covered or uncovered, used for outdoor dining. A parklet may be constructed using curbside parking spaces adjacent to the business premises. A parklet may also be constructed in a parking lot owned or leased by the business and adjacent to the business establishment subject to the provisions herein. Parklets must be constructed in a manner that the entire area under the floorboards will be accessible for cleaning on a daily basis.

RESTAURANT

A place of business or portion thereof where food and beverages are cooked, prepared, sold, served, and consumed on the business premises.

SIDEWALK

That portion of the public easement which lies between the building line and the curb, including the amenity strip.

SIDEWALK CAFE

Sidewalk space beyond the building line and to the front of a qualifying establishment as defined herein which could be expanded to include space in front of a building which is immediately next door to the qualifying establishment, which space is used to accommodate tables and chairs for patrons to utilize.

StrEATERY

A temporary outdoor dining area created by converting curbside parking space adjacent to the business premises using movable barriers, tables and chairs, street covering, pop-up canopies and/or similar delineation as permitted herein.

YARD

Any open space within the boundaries of the property. Rear yards are at the back of the lot. Side yards are next to the building and may or may not have frontage exposure on the right-of-way.

§ 138-3 Licensing required.

[Amended 2-19-2025 by Ord. No. B-738]

A. License required. Any restaurant, bar, distillery, or brewery desiring to utilize outdoor space as an extension of their business for dining shall file an application, annually, with the City Zoning Officer.

B. New applications. New applicants for use of public space for outdoor dining shall submit their application, on a form so provided by the City. New applications shall be accompanied by, at minimum:

(1) Architectural drawings (as required), or a diagram, sketch, and photographs, that depict the design, dimensions, boundaries, and placement of barriers, tables, chairs, benches, canopies, planters, heaters, and other fixtures of the outdoor seating area. Additional design standards and submission requirements are noted in the section specific to each license type;

(2) A plan for the control of litter, the removal and storage of garbage, the cleaning of fixtures, and the cleaning of the grounds on and around which the outdoor dining area is located. Such plans must show ability to comply with Chapters 110, Garbage, Rubbish and Litter, and 136, Nuisances, for rodent migration;

(3) When applicable, proof of compliance with New Jersey State Alcoholic Beverage Control rules and regulations governing extension of premises for the sale, service and consumption of alcoholic beverages;

(4) Written consent of the owner of the premises, if other than the applicant;

(5) Proof of insurance. A certificate of liability insurance in a minimum amount of $1,000,000 per occurrence and $2,000,000 in aggregate, naming the City of Hoboken and its agents, servants, and employees as additional insured, shall be provided. The policy shall be occurrence-based coverage. The policy shall remain in full force and effect during the licensing period and shall include a thirty-day cancellation clause that shall provide notice to the City Zoning Officer; and

(6) Application fees, and, for parklets only, the required maintenance bond.

(7) Parklet and strEATERY applications. Following submission of a complete application and issuance of a zoning permit for approval of a new parklet or strEATERY, the parklet or strEATERY applicant shall provide notice, via certified mail, in a form consistent with N.J.S.A. 40:55D-12b and will include the following language: "§ 138-3G of the Hoboken City Municipal Code allows an appeal to be filed within 20 days of the certified mail date of this notice." If, pursuant to Subsection F herein, after 20 days of the certified mailing date, no appeal has been filed with the governing body and Zoning Officer through the Municipal Clerk, permits for construction of the parklet or strEATERY may be issued, and construction of the parklet or strEATERY may commence.

C. License renewal, annual. Applicants who, at the time of adoption of this chapter, have a parklet or who have been licensed by the City previously for operation of a strEATERY or sidewalk cafe shall apply annually for renewal of their license(s), on forms so provided by the City. Renewal applications shall be accompanied by, at minimum:

(1) Photographs of the prior year's setup;

(2) Written consent of the owner of the premises, if other than the applicant;

(3) Proof of insurance. A certificate of liability insurance in a minimum amount of $1,000,000 per occurrence and $2,000,000 in aggregate, naming the City of Hoboken and its agents, servants, and employees as additional insured, shall be provided. The policy shall be occurrence-based coverage. The policy shall remain in full force and effect during the licensing period and shall include a thirty-day cancellation clause that shall provide notice to the City Zoning Officer;

(4) License renewal fees; and, for first-time renewal for existing parklets, the required maintenance bond;

(5) Notice of compliance from the Zoning Officer indicating that the structure of the parklet is in compliance with Hoboken's laws;

(6) Notice of compliance from the Division of Health indicating a satisfactory inspection for access to the complete area under the floorboards, cleanliness, health, safety and rodent mitigation; and

(7) Affirmation from the Municipal Court that there are no outstanding, unresolved violations relating to the restaurant in any capacity.

D. Approval. The Municipal Zoning Officer or other authorized City officer shall be the licensing authority. Upon receipt of an application, the Zoning Officer or other authorized City officer shall review the outdoor dining application for completeness, subject to the requirements set forth in this chapter and any other applicable laws. Once the application is deemed complete, the Zoning Officer or other authorized City officer shall issue a license or zoning permit, as the case may be, or a denial. The Zoning Officer or other authorized City officer may deny an application based on current violations or any other health, safety, fire, use, or zoning regulation, or upon any applicable law permitting the denial of a zoning permit that is not otherwise directly superseded by this chapter. An application under this chapter shall not be considered a variance under the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).

E. Denial; revocation; suspension. The City of Hoboken may deny, revoke, or temporarily suspend the license of any applicant or licensee that violates, or is not in compliance with, any provision of this chapter or any provision of a law, ordinance, or regulation related to the consumption or control of alcoholic beverages not otherwise under the jurisdiction of the Division of Alcoholic Beverage Control, and the City of Hoboken may also deny, revoke, or temporarily suspend the license of any applicant or licensee based on any action taken against the applicant or licensee by the Division of Alcoholic Beverage Control related to the division's enforcement of any law or regulation under its jurisdiction. If a parklet applicant is issued a denial of a permit or a revocation or suspension of a permit, the parklet applicant/permittee may file an appeal as set forth in Subsection F. The parklet appellant shall provide notice of its pending appeal, via certified mail, in a form consistent with N.J.S.A. 40:55D-12b, including the time and date of the appeal or instructions where such information may be obtained.

F. Appeal. An appeal for a review of any approval, denial, revocation, or suspension issued by the Zoning Officer or other authorized City officer may be filed through the Municipal Clerk with the governing body of the municipality, with a copy forwarded to the Zoning Officer. The governing body, or a designee if so delegated by the governing body, shall conduct a hearing within 30 days of the appeal properly being filed with the municipal clerk, unless an extension is agreed to between the governing body and the appellant. The governing body shall thereafter render a decision. The decision of the governing body or its designee shall be based on the criteria in this chapter 138, to the extent applicable.

G. One-time appeal opportunity. For all new parklet and StrEATERY approvals, an appeal for review of any such approval may be filed as set forth in Subsection F above, within 20 days of the certified mailing date of the notice given pursuant to § 138-3B(7) herein. After the expiration of that twenty-day period, all such prior approvals are final and no longer subject to review under the appeal process set forth in Subsection F, above.

§ 138-4 General provision applicable to all outdoor dining facilities.

[Amended 9-20-2023 by Ord. No. B-603A; 2-19-2025 by Ord. No. B-738]

A. Public health procedures. Any restaurant, bar, distillery, or brewery operating pursuant to this chapter shall follow, maintain, and enforce protocols promulgated by any executive order of the Governor or Mayor, or by the New Jersey Commissioner of Health, in response to any public health emergency concerning social distancing and use of personal protective equipment during the period such protocols are in effect.

B. Expiration of yard provisions. Notwithstanding the provisions of any law to the contrary, use of a rear and/or side yard by a restaurant, bar, distillery, or brewery shall expire November 30, 2022, after which date continued use of a yard for dining shall require approval by the Planning Board or Board of Adjustment, as the case may be.

C. Emergency or scheduled construction removal. The City reserves the right to order the temporary suspension of outdoor dining and the removal of all fixtures associated with any restaurant, bar, distillery, or brewery's sidewalk cafe, strEATERY, or parklet, at the licensee's expense, from the public sidewalk or roadway because of road or utility construction, predicted high winds or severe weather, the need to remove snow or ice from the sidewalks and streets, or any other public emergency that may arise.

D. Restoration of right-of-way. The licensee of any outdoor dining facility and/or the owner of the property on which the outdoor dining facility is located shall be jointly and severally responsible for restoration of the sidewalk or street upon the expiration or termination of the license. As such, the licensee and/or property owner, at either of his/her own expense, shall remove all fixtures and constructions associated with the outdoor dining facility, and shall restore the sidewalk or street, as nearly as practicable, to a condition that is consistent with adjacent sidewalks or streets. If the licensee or property owner fails to remove the aforementioned improvements, the City may remove such improvements and make such repairs as may be necessary to restore the sidewalk or street, at the sole cost and expense of the property owner, and the cost of removal, repair, and/or replacement shall be a municipal lien against the property owner.

E. Hours of operation. Hours of operation for parklets, strEATERIES, sidewalk cafes, and rooftops, where permitted in association with a restaurant, bar, distillery, or brewery, shall be between the hours of 8:00 a.m. and 11:00 p.m., Sunday through Wednesday, and between 8:00 a.m. and 12:00 midnight Thursday, Friday, and Saturday. On three-day weekends where Monday is a federal holiday, hours of operation for Sunday may extend to midnight. The sale and service of alcoholic beverages shall adhere to the times set forth in Chapter 68, Alcoholic Beverages, of the Municipal Code of the City of Hoboken, or other restrictions placed on the business in approvals granted by a land use board.

F. Hours of operation. Hours of operation for outdoor dining in rear or side yards associated with a restaurant, bar, distillery, or brewery shall be between 10:00 a.m. and 10:00 p.m. daily until November 30, 2022, at which time all such operation is prohibited.

G. Music and AV. Live acoustic music is permitted but shall be limited to 4:00 p.m. to 10:00 p.m. weeknights; and 12:00 noon to 10:00 p.m. Saturday and Sunday. The playing of any other audio from a recording, streaming service, or cable or internet broadcasting service in outdoor spaces or on public sidewalks is prohibited. Television or video screens, where permitted, shall be muted, without sound, at all times.

H. Signage. No flashing or moving lights or additional signage shall be part of the outdoor dining setup, except as permitted herein. Freestanding signs such as A-frames permitted by § 196-31 may continue to be used but shall not obstruct the required pedestrian ingress and egress.

I. Heaters. The licensee of an outdoor dining facility may apply to the Hoboken Fire Department for approval to use propane heaters in the outdoor dining area. Such approval shall specify the number of heaters approved by the Fire Department and what provisions are to be made for storage of the propane tanks when not in use. A copy of the Hoboken Fire Department approval shall be filed with the Zoning Officer.

J. Food and beverage service. No food or beverages shall be prepared in the outdoor dining areas. All food and beverage preparation shall take place within the business premises and served or carried out to the outdoor seating area.

K. License display. Each applicable license shall be displayed and/or readily available for inspection on the business premises.

L. No smoking. As an extension of the business premises, there shall be no smoking in outdoor dining areas.

M. Cleaning and pest control. Licensees of outdoor dining facilities shall be responsible for the cleanliness of the sidewalk and street around their establishments, and for rodent control associated with the outdoor dining facility, including, but not limited to, the following:

(1) Each day customers are served in outdoor dining areas, inspection of the outdoor dining space, planters, and any adjacent street tree pits to assure they are clean and that there is no food residue or signs of rats.

(2) Each day customers are served in outdoor dining areas, broom clean and wash all outdoor dining areas, including sidewalks, curbs and the space underneath a raised platform. All dining areas must be washed each day customers are served in outdoor dining areas, with soap and water or a 10% bleach solution (one cup of bleach to two gallons of water). For safety purposes, washing is not required when temperatures fall below freezing.

(3) Power-wash sidewalks and underneath platforms on a weekly basis, or more often if necessary, to flush out any rats and discourage nesting beneath the platform. Remove any standing water. For safety purposes, washing is not required when temperatures fall below freezing.

(4) Clean up and dispose of any spilled food immediately.

(5) Schedule monthly extermination inspection and treatment of the dining area and nearby street trees. The examination schedule and service contract should be made available to the Health Officer upon request.

(6) Modify dining structures to prevent pests. Any empty space created by the dining structure can become a harborage for rodents, including gaps underneath and space inside the walls of your structure. This entire area must be easily available for daily inspection and cleaning, at any time, as necessary:

(a) Via hinged trap doors in the platform/floor of the structure, an open base with full visibility, or other structurally sound designs that allow for access to the entire area under the floorboards for inspection and cleaning;

(b) Leave walls open between the studs;

(c) If burrow holes are present in planters around the structure, empty the containers of all soil and rodent nesting material and replace;

(d) Allow drainage to pass under the floors of seating areas. Dining structures must not block rainwater drainage from getting to or flowing along the curb; and

(e) Trash storage must comply with Hoboken's ordinance, and must not be placed on or near the dining platform or any adjacent street trees.

N. Violation; fines. Any person who shall violate any provision of this chapter pursuant to the authority granted by this chapter shall, upon conviction or guilty plea in the Municipal Court of Hoboken, or other court of competent jurisdiction, be punished by a fine of not less than $500 for the first offense; $1,000 and ten-day license suspension for the second offense; and $2,000 and license revocation upon a third offense.

§ 138-5 Provisions specific to sidewalk cafes.

A. The term of an annual sidewalk cafe license shall commence on January 1 and expire on December 31 of each year. A sidewalk cafe license is not transferable to another person or business entity. There shall be no proration of license fees.

B. A clear, unobstructed pedestrian pathway, not less than six feet wide, must be maintained at all times on all public sidewalk wider than 10 feet. On sidewalks that are less than 10 feet wide, a walking path of not less than four feet wide must be maintained.

C. Where the sidewalk is 20 feet or more wide, the sidewalk cafe may occupy the space immediately in front of the restaurant as well as the amenity strip along the curb with the pedestrian pathway in between. Existing street amenities shall not be disturbed or obstructed by cafe seating. Seating within the amenity strip shall be limited to a maximum width of four feet, measured from the curb edge into the sidewalk.

D. No fixtures associated with a sidewalk cafe, including railings, shall be permanent or semi-permanent unless expressly approved by the Zoning Officer and certified in writing.

E. All fixtures associated with the sidewalk cafe shall be removed from the public sidewalk at the conclusion of each business day except for the period between Memorial Day and Labor Day, when delineating barriers and furniture may remain on the sidewalk and safely secured in place overnight. Notwithstanding the preceding, all lightweight equipment shall be removed, and umbrellas and canopies shall be closed and/or removed each evening.

F. No sidewalk cafe fixtures may be set up or stored on the sidewalk when the sidewalk is snow-covered or when snow prevents the maintenance of the required pedestrian walking path.

G. Fees. Effective January 1, 2022, there shall be a $50 application fee and an annual user fee of $2 per square foot of sidewalk encumbered. Effective January 1, 2023, the annual user fee shall be $2.25 per square foot.

H. Required specifications.

(1) Entrance and exit doorways for any residential or nonresidential use located above the restaurant, bar, distillery, or brewery, including a straight unobstructed pathway from such door to the pedestrian lane of the sidewalk, shall be maintained free of sidewalk cafe fixtures.

(2) Sidewalk cafes may extend in front of adjacent properties on either side of the business establishment, up to an additional 25 feet total, provided: a) the owner of the adjacent property agrees in writing to allow the business to operate a sidewalk cafe in front of their property; b) any commercial tenant(s) occupying street-level space within the adjacent property shall provide written consent; c) the liability insurance includes the adjoining property, property owner, and tenants as additional insureds; and d) a clear path of ingress and agress is maintained to entrances and exits of the adjoining property.

(3) Sidewalk cafes that accommodate eight or more patrons should be separated from the pedestrian walking path by a temporary barrier such as a fence or planters. Where a fence is used, the fence should be: a) freestanding and stable enough to not be easily tipped over; b) not less than 36 inches or more than 42 inches in height; and c) made of quality materials such as metal, wood, and/or canvas that can be easily maintained in good condition throughout the season. Planters or plant material that are part of a cafe barrier shall be fully within the sidewalk cafe area and shall not encroach on the pedestrian pathway.

(4) Where drilled holes already exist in the sidewalk for the installation of temporary barriers, they may remain and continue to be used as is until either a) the fence is replaced, or b) the sidewalk cafe is no longer operated, then the sidewalk shall be repaired and the holes filled in. No new holes shall be drilled into the sidewalk for sidewalk fencing. All holes drilled in the sidewalk shall be covered by the business operator when not in use.

(5) Sidewalk cafes shall be at the same elevation as the sidewalk.

(6) Overhead coverings, such as retractable awnings, umbrellas, or pop-up canopies are encouraged but are not required. All coverings shall be contained within the designated area of the allowed sidewalk cafe so as not to interfere with the pedestrian pathway and be closed and/or removed from the sidewalk overnight.

(7) Except for business identification of the licensee that is incorporated into a temporary barrier, no other signage or advertising shall be part of a sidewalk cafe setup.

§ 138-6 Provisions specific to parklets.

[Amended 2-19-2025 by Ord. No. B-738; 2-23-2026 by Ord. No. J-13]

A. Term of licenses. The term/s of annual parklet license/s shall commence on January 1 and expire on December 31 of each year. The parklet license is not transferable to another person or business entity. There shall be no proration of license fees.

B. Bond requirement. Applicants for new parklet construction or for first license renewal following adoption of this chapter shall provide the City of Hoboken a one-time maintenance bond at a rate of $15 per square foot to cover parklet removal and/or street repairs in the event that the licensee responsible for the parklet fails to remove the parklet upon closure or fails to repair the right-of-way returning it to its original condition. The bond will be carried from year to year for the life of the parklet. When a parklet is no longer in use and has been removed by the licensee, the licensee may request, in writing, that the bond be returned. The City Engineer will conduct an inspection of the premises and shall recommend to the City Council that the bond, or any balance thereof as the case may be, be released and the funds returned to the licensee.

C. Use of the right-of-way. The parklet may encumber up to but not more than the width of street frontage adjacent to the restaurant, bar, distillery or brewery, unless express written consent, in a form approved by the City of Hoboken, has been obtained from the adjacent property owner and from any commercial tenant(s) occupying street-level space within the adjacent property.

D. Other approvals. No parking space, parking lane, or other portion of the public street shall be encumbered without the consent of the Director of Transportation and Parking and the City Engineer. Use of a county roadway shall also require consent, approval, or waiver from the Hudson County Division of Planning.

E. No-parking signs. It is the responsibility of the licensee to request temporary no-parking signs as needed to reserve curbside space.

F. Right to limit parklets per block. The City reserves the right to limit the number of parklets per block based on available space and the need to maintain publicly accessible curbside space on each block for other uses.

G. Location. Parklets shall not be located: over a gas line; within 25 feet of a crosswalk measured from the nearest pavement markings; within 10 feet of a fire hydrant; or in handicap spaces or loading zones.

H. Cleaning of the right-of-way. The licensee of the parklet shall be responsible for maintaining the cleanliness of the sidewalk and street for, at a minimum, two feet in all directions around the parklet, and for the removal of snow and ice, at minimum, four feet in all directions around the parklet or otherwise as directed by the Department of Infrastructure.

I. Fees. Effective January 1, 2022, new parklet applications shall be accompanied by a $250 application fee; parklet renewal applications shall be accompanied by a $100 application/inspection fee. All licensees shall be subject to a monthly user fee for occupancy of the parking lane according to the following schedule:

(1) For 2022: $2.25 per square foot per month.

(2) For 2023: $2.50 per square foot per month.

(3) Thereafter, user fees may be amended annually at the discretion of the Director of Transportation and Parking in a manner consistent with parking meter rates.

(4) User fees will be charged only for months in which a parklet occupies the street, regardless of whether it is present for the entire month or just a portion of it. Fees will not be prorated. For example, if a parklet occupies the street for only a portion of the month, the licensee will be charged for the entire month. When a parklet is removed and does not occupy the street for an entire calendar month, the licensee will not be required to pay any user fee for that month.

J. Nonpayment of user fees. Operators of parklets that fail to remit monthly user fees in a timely manner shall, after 60 days, receive a one-time warning notification. After 90 days of nonpayment, a violation will be issued and/or the operator's license may be suspended or revoked. If revoked, the parklet shall be removed at the operator's expense.

K. Required specifications (minimum).

(1) Architectural drawings shall be required for parklets providing: a) construction details; b) dimensions; c) calculation of vertical wall area, square footage percentage of open vs. enclosed wall area; d) electrical service and heat/cooling specifications, as applicable; e) snow and wind load calculations; f) drainage accommodations for the street; g) location of all utility service lines; h) location of adjacent travel lanes, bike lanes, sidewalks, crosswalks, ADA curb ramps, tree pits, utility poles, and any other right-of-way appurtenances with dimensions and distances from each; i) handicap accessibility details; j) specifications for all construction materials to be used; k) safety measures; l) seating plans and proposed occupancy; and m) signage specifications.

(2) A parklet shall be constructed of quality building materials like wood, wood composite, metal, fiberglass, corrugated plastic or similar, and shall incorporate a safety barrier at the leading end of the platform facing oncoming traffic. Lightweight materials like plastic sheeting, vinyl, or fabric are not permitted.

(3) Maximum width shall be seven feet from the curb for a parallel parking lane, or 14 feet from the curb for an angled parking lane.

(4) Parklets shall be constructed a) in sections of not more than seven feet wide and six feet long that can be assembled and disassembled on-site to facilitate street or utility work, or temporary removal in case of an emergency and b) in a way that allows for full access to the entire area under the floorboards to be accessed daily for cleaning and inspection.

(5) The finished floor of the deck platform shall be level with the top of the curb.

(6) Decks shall be enclosed on the three sides that abut the street by a built-in planter, benches, low wall or railing not to exceed 42 inches in height. If planters are utilized, the dimension of that planter must be included in the calculation of the overall parklet dimensions. The side facing the sidewalk shall be open with the exception of supporting posts for a roof or canopy. The side facing the street shall be finished, and not left as unfinished surfaces.

(7) Removable umbrellas, awnings or pop-up canopies may be included in the parklet design, provided: a) there is no reduction in vehicular or pedestrian visibility; b) no part of the umbrella, awning, or canopy extends into the travel lane or over the curb; c) the umbrella, awning, or canopy is anchored securely against wind; and d) the umbrella, awning or canopy is closed and/or removed overnight.

(8) A roof, where permitted, shall not exceed nine feet from sidewalk to its highest point.

(9) Plexiglass or other clear plastic screening is permitted on the three enclosed sides that abut the street, provided there is at least one foot of ventilation space between the top of the screen and the roof structure. The sidewalk-facing side shall remain open.

(10) If the parklet will have power or lighting, an electrical plan must be included with the architectural drawings submitted with the application.

(11) Except for business identification of the parklet licensee that is incorporated into the walls or railings of the parklet and any required signs associated with public health guidance, no promotion banners or advertising signage shall be part of a parklet setup. Identification signs or logos shall be limited to a maximum of one on each end, and three on the street side spaced 20 feet on center; the size of each identification should not exceed 16 square feet per occurrence.

(12) Where nonfixed furniture and fixtures are part of a parklet setup, that furniture and those fixtures must be able to be stored securely within the parklet or removed to a safe location nightly.

(13) Parklet operators are responsible for baiting beneath and/or immediately adjacent to the parklet to control vermin.

L. Occupancy. The maximum occupancy for the parklet, approved by the Zoning Officer, shall be displayed on the parklet.

M. Storage limitations. Tables, chairs and heaters that are part of the outdoor dining setup may only be secured and stored in the parklet during the hours the restaurant is not open. The parklet shall not be used to store any other furniture, equipment or materials from the business that are not part of their approved outdoor dining setup.

N. Quarterly inspection. All parklets shall be subject to a quarterly inspection by the Division of Health which shall include, inter alia, a certification that the structure allows for daily access to the entire area under the floorboards. Any parklet found to be unsafe for public use or habitation, or that fails to meet the above specifications, will receive a notice to remedy the deficiencies within 30 days or otherwise will result in suspension of the license, and the parklet may not be occupied until it is brought into compliance.

O. Setup requirements. During all hours the restaurant is open and serving customers, and during the time restrictions allowed under this chapter for outdoor dining at parklets, the licensee shall set up its tables, chairs, and heaters in the parklet. At no time will the parklet be used for storage only, except for overnight or during times when the licensee is not open.

§ 138-7 Provisions specific to strEATERIES.

[Amended 2-19-2025 by Ord. No. B-738]

A. Term of license. The term of a seasonal strEATERY license shall begin on March 1 and end on November 30 of each year. The strEATERY license is not transferable to another person or business entity. There shall be no proration of license fees.

B. Use of right-of-way. A strEATERY may encumber up to but not more than the width of street frontage adjacent to the restaurant, bar, distillery, or brewery, unless express written consent, in a form approved by the City of Hoboken, has been obtained from the adjacent property owner and from any commercial tenant(s) occupying street-level space within the adjacent property.

C. Other approvals. No parking space, parking lane, or other portion of the public street shall be encumbered without the consent of the Director of Transportation and Parking and the City Engineer. Use of a county roadway will also require consent, approval, or waiver from the Hudson County Division of Planning.

D. No-parking signs. It is the responsibility of the licensee to request temporary no-parking signs as needed to reserve curbside space.

E. Right to limit strEATERIES per block. The City reserves the right to limit the number of strEATERIES per block based on available space and the need to maintain publicly accessible curbside space on each block for other uses.

F. Location. StrEATERIES shall not be located within 25 feet of a crosswalk, measured from the nearest pavement markings, 10 feet of a fire hydrant, or in handicap spaces. Use of loading zones is permitted beginning one hour after the zone's posted loading hours; during posted hours of loading zone use, the loading zone shall remain clear of obstruction.

G. Cleaning of the right-of-way. The licensee of the strEATERY shall be responsible for maintaining the cleanliness of the sidewalk and street for, at a minimum, two feet in all directions around the strEATERY.

H. Snow-covered streets and sidewalks. StrEATERIES may not be set up when there is snow on the street or sidewalk.

I. Fees. Effective January 1, 2022, all strEATERY applications, new and renewal, shall be accompanied by a $100 application fee. All licensees shall be subject to a monthly user fee, charged per approved days of use, for occupancy of the parking lane according to the following schedule:

(1) For 2022: $2.25 per square foot per month.

(2) For 2023: $2.50 per square foot per month.

(3) Thereafter, user fees may be amended annually at the discretion of the Director of Transportation and Parking in a manner consistent with parking meter rates.

(4) User fees will be charged only for months in which a strEATERY occupies the street, regardless of whether it is present for the entire month or just a portion of it. Fees will not be prorated. For example, if a strEATERY occupies the street for only a portion of the month, the licensee will be charged for the entire month. When a strEATERY is removed and does not occupy the street for an entire calendar month, the licensee will not be required to pay any user fee for that month.

J. Nonpayment of user fees. Operators of strEATERIES that fail to remit monthly user fees in a timely manner shall, after 60 days, receive a one-time warning. After 90 days, a violation will be issued and/or the operator's license may be suspended or revoked.

K. Equipment storage. All fixtures associated with the strEATERY shall be removed from the street at the conclusion of each business day to facilitate street cleaning. Barriers and larger fixtures may be removed to the amenity zone of the adjacent sidewalk, provided they can be safely stored there and provided they do not, in any way, obstruct the flow of pedestrian traffic or obstruct access to the curb for passenger vehicles. Where expressly approved by the Zoning Officer, the Director of Environmental Services, and the Director of Transportation and Parking, an exception may be granted to permit a strEATERY setup to remain on the street overnight; in cases where such an exception is granted, the strEATERY shall pay the same fees as a parklet.

L. Required specifications.

(1) A detailed sketch or architectural drawings shall accompany the application that include, at minimum: a) dimensions; b) electrical service and heat/cooling specifications, if applicable; c) location of all utility service lines; d) adjacent travel lanes, bike lanes, sidewalk, crosswalk, ADA curb ramps, tree pits, utility poles, and any other right-of-way appurtenances with dimensions and distances from each; e) handicap accessibility details; f) specifications for all materials to be used; g) safety measures; h) seating plans and proposed occupancy; and i) signage specifications.

(2) A strEATERY shall be delineated from the adjacent parking spaces and street using City-approved temporary crowd control barriers, bollards, poles, planters or other substantial and easily visible means approved by the City.

(3) For a strEATERY adjacent to parallel parking spaces, wheel stops are required three feet from the leading side (facing oncoming traffic) and 4.5 feet on the trailing side of the strEATERY.

(4) A minimum of one ADA-compliant portable ramp shall be provided. For strEATERIES exceeding 40 feet in length, two shall be provided.

(5) Maximum width shall be seven feet from the curb for a parallel parking lane, or 14 feet from the curb for an angled parking lane.

(6) The road surface shall be covered with synthetic turf, solid color indoor-outdoor carpeting, or other approved street covering.

(7) Removable tables, chairs, or other seating options shall be provided. No table shall accommodate more than eight persons.

(8) Removable umbrellas, awnings or pop-up canopies may be included in the strEATERY design, provided: a) there is no reduction in vehicular or pedestrian visibility; b) no part of the umbrella, awning, or canopy extends into the travel lane or over the curb; c) the umbrella, awning or canopy is anchored securely against wind; and d) the umbrella, awning or canopy is closed and/or removed overnight.

(9) If the strEATERY is to have power or lighting, an electrical plan must be submitted with the application. No extension cords shall cross over or above the sidewalk unless approved by the Electrical Subcode Official and/or Construction Official.

(10) Except for business identification of the licensee that is incorporated into the temporary barrier and any required signs associated with public health guidance, no other business identification signage or advertising shall be part of a strEATERY setup.

§ 138-8 Rights; privileges; immunities.

A. The City of Hoboken reserves all rights, privileges, and immunities concerning its inalienable ownership over all sidewalks, streets, public lanes, alleys or other public grounds within the City, whether or not any projection or encumbrance has been permitted to be erected on the same, without any waiver of such rights, privileges, or immunities, whether expressed or implied.

B. The City of Hoboken expressly reserves the right to inspect outdoor dining establishments and to require, at the owner's expense, the correction of any violation of the conditions set forth in this chapter, or to require, at the owner's expense, the removal of any or all encroachments of the public right-of-way, and other such encumbrances upon any sidewalk, street, public lane, alley, or other public ground that present a danger to the health, safety, and welfare of the public.

C. As part of the petition process, the applicant for any license or revocable consent must agree that if a license or consent is granted, it shall defend, protect, indemnify, and hold harmless the City of Hoboken, its officers, agents, and employees from and against any and all claims, causes of action, injuries, losses, damages, expenses, fees, and costs arising out of, or which may arise out of, the grantee's use of the public right-of-way.