[HISTORY: Adopted by the Mayor and Council of the Borough of Dunellen 3-19-2012 by Ord. No. 2012-04. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meaning indicated:
OBSTRUCTION
Any tree, trash receptacle, street curb, parking meter, newspaper box, street sign or basement entry hatch lying within the area of the sidewalk café.
PERMITTED ZONE
The Redevelopment Zone as defined in the Dunellen Downtown Redevelopment Plan and as shown on the Zoning Map of the Borough of Dunellen.
PERSON
Any individual, partnership, corporation, limited liability company, association, or other entity.
PRINCIPAL BUILDING
The building whose principal façade fronts on the sidewalk where the sidewalk café is, or is proposed to be located. The "principal façade" shall be the face of the principal building facing the street right-of-way.
RESTAURANT
An establishment actually located within the principal building, the primary activity of which is the preparation of food for consumption by the public on its premises.
SERVICE ITEMS
All dishes, utensils, containers, tablecloths, napkins, cutlery and other items used in the operation or decoration of the sidewalk café.
SIDEWALK
The paved surface provided for the exclusive use of pedestrians and situated between and extending from any building line to the curb of any street (excluding there from any unpaved area).
SIDEWALK CAFÉ or CAFÉ
A restaurant as defined herein which also is characterized by the following:
A. 
The consumption of food 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 façade, and the imaginary perpendicular lines running from the outer edge of such principal façade to the public street; and
B. 
Containing readily removable tables, chairs, temporary railings and/or planters; and
C. 
Unenclosed by fixed walls or ceilings, fences, except for retractable awnings, removable barriers, umbrellas or other nonpermanent enclosures.
No person shall operate a sidewalk café within the Borough of Dunellen without first obtaining a sidewalk café license and satisfying all the requirements of this chapter. The license shall be initially issued by the Borough Council and may contain conditions. All renewals of a sidewalk café license issued shall also be issued by the Borough Council.
[Amended 10-7-2024 by Ord. No. 2024-24]
A. 
Each applicant for a sidewalk cafe license shall submit and file an application with the Municipal Clerk, together with three copies of a development plan (as defined below), and the appropriate fee. The application shall set forth:
(1) 
The name and address of the applicant;
(2) 
The name and address of the owner of the principal building (if other than the applicant); and
(3) 
The name and address of the person who has prepared the development plan; shall be accompanied by the written authorization and approval of the owner of the principal building (if other than the applicant).
B. 
The term "development plan" shall mean a written plan setting forth the following information and such other additional information, if any, as may be subsequently requested by the Borough:
(1) 
A description of the principal building and a description of all properties immediately adjacent to such building; and
(2) 
A description of the proposed design and location of the sidewalk cafe, its dimensions, and all temporary structures, equipment, and apparatus to be used in connection with its operation, including tables, temporary fences and barriers, planters, serving carts, chairs, awning, umbrellas (including any name to be displayed thereon), lighting and electrical outlets (if any); and
(3) 
A statement of the seating capacity of the proposed sidewalk cafe and of the eating restaurant actually operated by the applicant in the principal building; and
(4) 
A diagram demonstrating that pedestrian traffic along the sidewalk on which the sidewalk cafe is proposed to be located will in no way be impeded; and that the provisions of § 237-8 be satisfied. Such diagram shall also include a drawing of the sidewalk cafe itself with all appurtenances and shall show all obstructions located within the area of the sidewalk cafe. The diagram shall be drawn to scale and shall include all dimensions of any and all items located or proposed to be located within the area of the sidewalk cafe.
C. 
The development plan shall be referred to the Borough Clerk, Chief of the Fire Department, or other appropriate official designated by the Borough Council from time to time to review such plans, who shall thereupon recommend approval, disapproval or modification of the plan within 10 business days following its submission. The Municipal Clerk and Fire Chief may also refer the development plan to the Chief of Police, Zoning Officer, Construction Official, Health Officer, Code Enforcement Officer and the Borough Engineer, for their review and recommendation.
D. 
Under no circumstances shall a license be granted for the seating of more than 30 people per outdoor dining area.
E. 
In the application to be submitted, the applicant may request that the Borough Council grant the applicant a waiver from compliance with certain requirements of this chapter. The Borough Council, however, is under no obligation to grant said waiver and any decision made shall be left to the sole discretion of the Council.
[Amended 10-7-2024 by Ord. No. 2024-24]
No sidewalk cafe license shall be issued unless the licensee shall have first filed with the Municipal Clerk a copy of an insurance policy or certificate of insurance, issued by a company duly authorized to transact business under the laws of this state, providing for the payment of not less than $1,000,000 to satisfy all claims for damage by reason of bodily injuries to, or the death of, any person as a direct or indirect result of the operation of the sidewalk cafe or for injury to any person occurring on the premises occupied by such cafe, and further providing for the payment of not less than $10,000 to satisfy all claims for property damage occurring as a direct or indirect result of the operation of such cafe and naming the Borough of Dunellen as an additional insured. In further consideration of the issuance of a license, the licensee shall agree, at the option of the Borough, to either repair, at the licensee's sole cost and expense, any damage caused to the sidewalk by the operation of the cafe, or to reimburse the Borough in full for all costs and expenses incurred by it in making any such repairs.
[Amended 10-7-2024 by Ord. No. 2024-24]
No sidewalk café license shall be issued unless the licensee shall have first executed and filed with the Municipal Clerk an indemnification agreement pursuant to which the licensee, in further consideration of the issuance of the license, shall agree to forever defend, protect, indemnify and save harmless the Borough of Dunellen, 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 licensee's operation of such sidewalk café.
[Amended 10-7-2024 by Ord. No. 2024-24]
The fees for a sidewalk café license shall be as follows: $50 for new business or renewal. If any fee is not paid within 30 days of its due date, a late fee surcharge of $50 will be assessed for each calendar month or any part thereof following the due date of such fee.
All sidewalk café licenses shall be issued for the seven-month period commencing April 1 and ending October 31 of a particular year. Licenses may be renewed annually by the filing of an application in accordance with the provisions of § 237-3.
[Amended 10-7-2024 by Ord. No. 2024-24]
A sidewalk cafe authorized and operating pursuant to this chapter shall comply with all of the following regulations and specifications and such others as may be adopted from time to time by resolution of the Borough Council of the Borough of Dunellen:
A. 
The cafe shall be operated and maintained in accordance with the development plan as finally approved.
B. 
No furniture, apparatus, decoration, or appurtenance used in connection with the operation of the sidewalk cafe shall be placed within 50 feet of any fire hydrant, plug, or standpipe without the specific written authorization of the Chief of the Fire Department; and
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. At least six feet of unobstructed walkway shall be provided for access from any door or opening on the business facade to the street.
D. 
No furniture, apparatus, decoration, or appurtenance used in connection with the operation of the sidewalk cafe shall be located in such a way that less than six feet of paved sidewalk unobstructed by any obstructions remain for the exclusive use of pedestrians (the "required pedestrian passageway"), nor shall any such furniture, apparatus, decoration or appurtenance project or protrude into, on or above, the required pedestrian passageway. Any sidewalk cafes that choose to have portable barriers or planters shall not install any such barrier that is less than three feet nor more than four feet in height and should be placed around the sidewalk cafe area on the sidewalk to better define their cafe area and the unobstructed pedestrian passageway area.
E. 
Service items shall be made of non-disposable and reusable materials; provided, however, that upon a showing of need by the applicant and of adequate provision of outdoor waste receptacles for the disposal of disposable and non-reusable materials, a sidewalk cafe licensee may provide for the use of disposable and non-reusable service items. The furniture to be used in the operation of the sidewalk cafe shall be made of durable material, such as sturdy vinyl/plastic, wrought iron, or wood. Tables shall have a diameter not larger than 24 inches.
F. 
The sidewalk area utilized by the cafe shall be kept clean and free of litter. Sidewalks shall be washed daily and trash receptacles shall be provided as required and approved from time to time by the Borough.
G. 
Noise shall be kept at such a level as to comply in all respects with the provisions of the Dunellen Borough Code Chapter 195, Noise.
H. 
Sidewalk cafes shall be permitted to operate only within the permitted zone and only from 7:00 a.m. until 10:00 p.m. during the months of April through October inclusive.
I. 
Within 30 minutes after the closing of the cafe, the operator shall have all furniture, apparatus, decorations, barriers, planters, appurtenances, and any other items used in connection with the operation of such cafe in a manner consistent with the approved development plan.
J. 
The operator shall comply with all the requirements of N.J.A.C. 8:24-1 et seq. (also known as Chapter XII of the New Jersey State Sanitary Code) and N.J.S.A. 24:15-1 et seq.
K. 
The cafe shall be actually operated and maintained by the same person who operates and maintains the related restaurant of which the cafe is a part and an extension.
L. 
The operator shall comply with all other ordinances of the Borough of Dunellen.
M. 
Notwithstanding anything to the contrary in this chapter or any other laws and ordinances of the Borough but subject to the review and approval of the Borough Council, a person may be permitted to display the name of the establishment operating the cafe on umbrellas to be used at the cafe.
N. 
(Reserved)
O. 
No smoking is permitted in outdoor dining areas.
Notwithstanding anything to the contrary contained in this chapter or any other laws and ordinances of the Borough of Dunellen, the Borough may temporarily suspend a sidewalk café license in the event of emergency or for other reasons or purposes, including, but not limited to, the facilitation of Borough-sponsored events.
[Amended 10-7-2024 by Ord. No. 2024-24]
A. 
The Code Enforcement Officer of the Borough of Dunellen (or his designee) shall be charged with the responsibility for enforcing the provisions of this chapter. Upon a determination by the Code Enforcement Officer (or his designee) that a licensee has violated one or more of such provisions, the Code Enforcer 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, the licensee's sidewalk cafe license shall thereupon, and automatically, be revoked.
B. 
Upon the revocation of such license, the licensee, upon written request, shall be entitled to a hearing before the Borough Council of the Borough of Dunellen within 14 days of the date of its request. The Borough Police may also enforce the provisions of this chapter.
C. 
A violation of this chapter shall be punishable by a fine not to exceed $500 for each violation committed hereunder. Each violation of a section or subsection of this chapter shall constitute a separate and distinct violation independent of any other section or subsection. Each day's failure to comply with any such section or subsection shall constitute a separate violation.
Any person convicted of a violation of this chapter shall be subject to a fine not to exceed $500 or 90 days imprisonment, or both. Each violation of a section or subsection of this chapter, and each day that a violation continues, shall constitute a separate offense.