[Added 6-7-1993 by Ord. No. 2412; amended 4-11-1995 by Ord. No. 2515; 2-13-2001 by Ord. No. 2730; 7-18-2007 by Ord. No. 3071; 8-8-2018 by Ord. No. 3659; 2-13-2019 by Ord. No. 3700]
The purpose of this article is to establish a procedure and authorize rules and regulations thereunder for the licensing of outdoor cafes in the B-1 and B-2 Zones of the Village of Ridgewood.
For the purpose of this article, the following words shall have the meanings respectively ascribed in this section:
- MOVEABLE BARRIER
- A barrier of the kind and type approved by this article that can be physically moved about the sidewalk by one average human being (person) without the aid of a mechanized lifting device or machine.
- OUTDOOR CAFE
- Any eating establishment where food and other refreshments are served or consumed outside the interior of the eating establishment on private property or 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 consumed or where permitted on private property pursuant to Chapter 190, Land Use and 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 Village of Ridgewood, or on private property, unless such person shall hold a currently valid license issued pursuant to the terms of this article.
When located within the public right-of-way, outdoor cafes shall only be located on the public sidewalk directly in front of the eating establishment to which the outdoor cafe is accessory. For purposes of administering this provision, the term "directly in front of" shall be construed to mean the area represented by an extension of each side of the store occupied by the eating establishment projected directly to the curb line immediately in front thereof. Such cafes shall be required to maintain an unobstructed paved surface for pedestrian traffic at least 52 inches wide, located on the public sidewalk, around or through such outdoor cafe.
Outdoor dining shall only be permitted in front of the business it is approved for. Outdoor dining areas shall not be permitted to encroach into the frontage of a neighboring (adjoining) business (with or without dining).
When located on private property, outdoor cafes may be located in front of, on the side of and/or to the rear of the eating establishment to which the outdoor cafe is accessory. Such cafes shall be located on the property containing the eating establishment and/or within the public right-of-way as permitted by Subsection A above. In the case of outdoor cafes that are located on properties containing multiple tenants, such cafes shall not be permitted to be located in front of, on the side of and/or to the rear of any other establishment on the same property unless both the property owner and other tenant(s) give their consent in writing prior to the issuance of the license for the outdoor cafe. Such consent shall be valid only for the term specified in the consent or for the term of the license, whichever is less, and such consent shall be required to be renewed prior to the renewal of the license. Such cafes shall be required to maintain an unobstructed paved surface for pedestrian traffic at least 52 inches wide around or through such outdoor cafe.
Application for the license required hereunder shall be made to the Department of Buildings and Inspections and shall be signed by the applicant. The application shall contain the following information:
The name, residence address and telephone number of each individual, owner or partner, or if a domestic corporation, the names, residence addresses and telephone numbers of the directors and officers owning a 10% 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.
The address and description of each place where the applicant intends to establish or operate an outdoor cafe.
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.
[Amended 3-6-2019 by Ord. No. 3704; 4-10-2019 by Ord. No. 3717]
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. The outdoor cafe shall be defined and set off by portable-type barriers (moveable barrier, as defined by this article), which may include live plantings.
The moveable barrier shall define the area to be used as an outdoor cafe and shall separate it from pedestrians traversing the adjacent sidewalk. However, a moveable barrier between the outdoor cafe and the pedestrians traversing the sidewalk shall not be required where there are tables placed at the curb. The moveable barrier 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 four feet.
The maximum four feet for height shall include the height of any plants if they are part of the barrier. All curbside moveable barriers must be placed a minimum of 2.5 feet or 30 inches in from the face of the curb, except those areas adjacent to loading zones and areas where there is no curbside parking where the curbside barrier of the outdoor cafe can be placed within six inches of the face of the curb. For streets that have angled parking, the curbside barrier of the outdoor cafe can be placed within six inches of the face of the curb if and only if the barrier has a three feet wide opening for every eight feet of barrier placed.
All curbside moveable barriers must have a minimum three-foot-wide horizontal opening for every eight feet of horizontal barrier to allow for pedestrian traffic. All moveable barriers must be weighted to prevent them from blowing over in the wind.
The scaled drawings shall also illustrate the following:
The location of any doors leading from the eating establishment to the outdoor cafe. No such doors may be obstructed in any manner.
The number of feet and location of unobstructed space permitting free passage of pedestrian traffic around or through each outdoor cafe.
Food preparation is only permitted within the restaurant. Hostess stations or wait stations for the outdoor cafe must be indicated on the plans.
An illustration of the barrier delineating the serving area of each outdoor cafe.
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.
The type and location of any proposed outdoor lighting and fixtures.
The layout must show the location of any proposed portable heaters. A Fire Prevention Bureau permit is required for any portable heaters and proof of same must be included with the outdoor cafe application.
For streets that do not permit public parking alongside of the curb that an outdoor cafe fronts to, or if there is a defined parallel parking or loading zone along the curb in front of an outdoor cafe, the moveable barrier shall be permitted to be six inches from the face of the curb instead of 30 inches.
The Department of Buildings and Inspections will review the application for completeness and compliance with the terms of this article. Once the application is deemed complete, the Department of Buildings and Inspections shall issue the outdoor cafe permit within 10 calendar days. Once an application is approved, no changes are permitted unless it is resubmitted. Unauthorized changes to the approved plan may result in administrative action.
If the application complies with the article, the Department of Buildings and Inspections shall issue a license strictly subject to the terms and conditions of this article.
The license is personal to the applicant, and any change or transfer of ownership of the outdoor cafe shall terminate the license and shall require a new application and a new license in conformance with all of the requirements of this article.
Acceptance of the license by the applicant shall operate as a consent to the Health, Fire, Police and Building Officials of the Village to inspect the outdoor cafe for continued compliance with the terms and conditions of this article and any federal, state, county or local law, article or regulation affecting the same.
No license required by this article shall be granted to any person to operate an outdoor cafe until such person has filed with the Department of Buildings and Inspections a statement agreeing to indemnify and hold harmless the Village of Ridgewood, its agents, servants, representatives or employees from any or all claims, damages, judgement costs or expenses, including attorneys' fees, which they or any of them may incur or be required to pay because of any personal injury, including death, or property damaged 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 license is issued.
No license required by this article shall be granted to any person to operate an outdoor cafe until such person shall have first filed with the Department of Buildings and Inspections 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 Village of Ridgewood, 131 North Maple Avenue, Ridgewood, New Jersey 07451, 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:
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 Department of Buildings and Inspections shall contain a clause obligating the company issuing the same to give not less than 30 days' written notice to the Village 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 license of such person to operate the outdoor cafe covered thereby until a new policy complying the provisions of this section is filed with the Department of Buildings and Inspections and a letter in writing confirming the new effective date of the license is issued by the Department of Buildings and Inspections.
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 of 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 judgements up to the limits of such policy.
Any license issued hereunder is issued solely as a revocable license, which shall be subject to revocation or suspension by the Village Manager for failure of any licensee to comply with this article or for violation of any other applicable federal, state, county or municipal law, regulation or article. Any license issued hereunder is issued upon the express understanding that the licensee obtains no property rights thereunder, nor any interest in the continuation of said license.
Any licensee subject to three separate violations of any provisions of this article during the outdoor dining season as defined elsewhere in this article, shall have their license revoked by the Village Manager for a period of not less than 30 calendar days. Licensees may apply for reinstatement after the 30 calendar day revocation period and only upon submission of a new application and payment of appropriate fee(s).
It shall be unlawful for any person to operate an outdoor cafe after the suspension or termination of the applicable license or without ever the issuance of a license.
Each licensee 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. Sidewalks shall be washed and kept free of all debris. All foreign substances shall be removed from the sidewalk surface and disposed of properly.
No vending machines of any kind are permitted on the exterior of any building operating an outdoor cafe or within the outdoor cafe area.
No signs shall be permitted in the area of the outdoor cafe except signs on the awnings complying with the Sign Ordinance of the Ridgewood Village Code. Outdoor umbrellas located in the outdoor cafe shall be exempt from the Sign Ordinance of the Village of Ridgewood.
In addition to the powers of suspension or revocation as set forth above, the Village reserves the right to modify, suspend or revoke any license on 10 calendar days' written notice if the Village determines that pedestrian traffic is, in fact negatively impacted, impeded or made unsafe because of the operation of the outdoor cafe or because of any other safety issue which the Village determines adversely affects the Village because of such operation. The license may also be suspended or revoked on 10 calendar days' written notice, in the event that the Village 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 Village Manager, the license may be suspended or revoked without notice.
If the applicant is the holder of an alcoholic beverage control license pursuant to the laws of the State of New Jersey, it shall be the applicant's responsibility to cause the alcohol beverage control license to be amended to include the premises utilized for outdoor cafe purposes in order to serve alcoholic beverages therein.
[Amended 4-10-2019 by Ord. No. 3717]
Outdoor cafes shall be permitted to operate March 1 through December 31. No dining items (tables, barriers, equipment, etc.) would be permitted outside from January 1 through February 28/29 on the public sidewalk or right-of-way.
No tables, chairs, benches 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 Village of Ridgewood within or near the license area.
The licensee agrees at the end of the license period, or in the event that the license is temporarily or permanently suspended or revoked, that the licensee will at his own cost and expense vacate the sidewalk space and promptly remove any property placed thereon. Failure to do so on five calendar days' written notice shall grant to the Village the right to remove any property on the sidewalk, and the licensee agrees to reimburse the Village for the cost of removing and storing the same.
The licensee 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.
No outdoor cafe shall be open for business prior to 7:00 a.m. nor remain open for business after 12:00 midnight. All persons occupying the outdoor cafe shall vacate the same no later than 12:30 a.m.
No food or drinks served or consumed at outdoor cafes located either on public or private property shall be prepared or stored other than in the interior of the eating establishment. Table service is required at restaurants only.
The Village of Ridgewood shall issue a permit certificate upon payment in full of the appropriate annual fee and compliance by the applicant of the prerequisites set forth in this article. The licensee is required to display the permit certificate prominently in the front window facing toward the sidewalk of the establishment. Failure to properly display the requisite permit certificate shall result in suspension or termination of the license by order of the Village Manager.