[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:
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.
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.
A.
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.
B.
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).
C.
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:
A.
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.
B.
The address and description of each place where the applicant intends
to establish or operate an outdoor cafe.
C.
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.
D.
Layout plan.
[Amended 3-6-2019 by Ord.
No. 3704; 4-10-2019 by Ord. No. 3717]
(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. 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.
(2)
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.
(3)
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.
(4)
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.
(5)
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 passage of pedestrian traffic around or through each outdoor
cafe.
(c)
Food preparation is only permitted within the restaurant. Hostess
stations or wait stations for the outdoor cafe must be indicated on
the plans.
(d)
An illustration of the barrier delineating the serving area
of each outdoor cafe.
(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)
The type and location of any proposed outdoor lighting and fixtures.
(g)
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.
(h)
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.
A.
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:
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 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.
A.
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.
B.
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.
[Amended 3-8-2023 by Ord. No. 3944]
A.
Each licensee
is responsible for keeping the area of the outdoor cafe and the adjacent
or encompassed sidewalks, curbs, streets and areas in which the licensee
outdoor cafe is permitted to operate free from obstruction, nuisance,
debris, weeds, fallen limbs and branches, holes, pits, loose stones,
rubbish, paper, litter and other objects and maintain such areas in
a safe condition so as to not constitute a hazard or dangerous condition
to persons utilizing the outdoor cafe and any persons/pedestrians
or passersby traveling through or adjacent to the area designated
for outdoor cafe dining. Sidewalks shall be washed and cleaned of
any and all of the identified materials above when appropriate, to
promote safety and aesthetic appearance of the licensed area.
B.
Each licensee
shall further remove all snow and ice from the sidewalks, curbs, streets
and areas encompassed in the licensed outdoor cafe area, or in case
the snow and/or ice may be so frozen to make removal impracticable,
the licensee shall cause such snow and ice to be thoroughly covered
with sand, salt or other abrasive material within 12 hours of daylight
after it has fallen or is formed.
C.
Each licensee
shall remove any and all chairs, tables, barriers or other types of
equipment or furnishings used in its operation of its outdoor cafe
from the right-of-way, sidewalks, curbs, streets and areas in which
the outdoor cafe has been licensed, every time that it is required
by the Village, upon notice in writing to the licensee, and whenever
snow accumulates in such area. This shall permit and allow the Village,
its employees and agents, if necessary, unrestricted access to clean
and otherwise remove the snow and ice, from those areas identified
above, which belong to the Village.
D.
In the
case of any failure to satisfy or conform to the requirements or regulations
as stated above, a licensee shall be deemed to have violated this
section and/or any of the above three subsections regarding maintenance
of the area encompassed in the outdoor cafe license. In the instance
of any such violation, the licensee may suffer the following:
(1)
The revocation or a period of suspension of the license to operate an outdoor cafe at the sole discretion of the Village Manager consistent with § 156-78 above;
(2)
Shall
be subject to the reimbursement to the Village of any cost incurred
by the Village to remove or otherwise remediate any such violative
condition;
(3)
A
fine in an amount not greater than $250 for the first offense, not
greater than $500 for the second offense, and not greater than $750
for any third or subsequent offense, in a given calendar year.
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[1] 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; 3-8-2023 by Ord. No. 3943]
Outdoor cafes shall be permitted to operate 12 months a year,
from January 1 to December 31 of each year. The Village Manager, in
advice and discussion with the Village Council, shall be permitted
to establish rules and regulations relating to dining equipment and/or
dining items, including but not limited to tables, chairs, heaters,
fire pits and/or enclosures, that may be used by any licensee for
outdoor dining, depending on such considerations as weather, daylight
and other factors which may impact the use and viability of outdoor
cafes in the B-1 and B-2 Districts.
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.
