[HISTORY: Adopted by the Mayor and Council
of the Borough of Closter 9-25-1996 by Ord. No. 1996:726. Amendments
noted where applicable.]
The purpose of this chapter is to establish
a procedure and authorize rules and regulations thereunder for the
licensing of outdoor cafes in the Business Zone District of the Borough
of Closter.
For the purpose of this chapter, the following
words shall have the meanings respectively ascribed in this section:
Any eating establishment where food and other refreshments are served upon the public right-of-way, namely the sidewalks immediately in front of any restaurant, cafe, cafeteria or place of business where food and/or other refreshments are served, or where permitted on private property pursuant to the Zoning Ordinance (Chapter 200).
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.
A.
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 Borough of Closter, or on private property, unless
such person shall hold a currently valid license issued pursuant to
the terms of this chapter.
B.
The outdoor
cafe shall be operated in accordance with the layout plan as finally
approved and by the same person who operates and maintains the restaurant.
[Added 12-12-2012 by Ord. No. 2012:1134]
C.
Should
the restaurant apply for an outdoor cafe license, the following regulations
would apply in addition to all other rules and regulations applicable
to restaurants and outdoor cafes:
[Added 12-12-2012 by Ord. No. 2012:1134]
(1)
The
outdoor cafe is only permitted to operate during the period of April
15 to October 15 of each calendar year; and
(2)
During
the period in question, the restaurant shall be permitted to increase
by up to 50% the number of seats available for its use, provided that
the additional number of seats that shall be allowed for a restaurant
that uses an outdoor cafe shall be governed by the number of seats
sought to be used in the outdoor cafe portion of the restaurant, so
that for every two seats sought to be installed in the outdoor cafe
portion of the restaurant, one otherwise allowable seat must be taken
out of service from the interior portion of the restaurant.
[Amended 12-12-2012 by Ord. No. 2012:1134]
A.
No license
shall be issued hereunder unless the applicant for the license ("applicant")
shall demonstrate that a minimum four-foot-wide area of unobstructed
paved surface will be available for pedestrian movement, including
unimpeded passage of handicapped individuals.
B.
No food
or drink, including alcoholic beverages, shall be prepared or stored
other than in the interior of the restaurant.
C.
Each licensee
is responsible for keeping the area of the outdoor cafe and the adjacent
sidewalks and streets free and clear of any debris or litter occasioned
by the cafe. Areas must be cleaned as needed, not less than twice
daily, at the beginning of each business day, but not earlier than
6:30 a.m., and at the time the business closes for the evening.
Application for the license required hereunder
shall be made to the Construction Code Official and shall be signed
by the applicant. The application shall contain the following information:
A.
The name, residence address and telephone number of
each individual, owner, partner or, if a domestic corporation, the
names, residence addresses and telephone numbers of the directors
and officers owning a ten-percent or greater interest in the corporation
and the chief operating executive of the corporation and, if a nondomestic
corporation, the name, residence address and telephone number of the
managing officer for service of process within the State of New Jersey
and a copy of the qualification of said nondomestic corporation to
conduct business in the State of New Jersey.
B.
A copy of the trade, corporate, business or fictitious
name upon which the applicant intends to do business pursuant to this
chapter.
C.
The address and description of each place where the
applicant intends to establish or operate an outdoor cafe.
D.
The name and address of the person owning the premises,
if other than the applicant, and the consent of the owner of the premises
to the application.
E.
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 and other furnishings
or fixtures intended to be located in the outdoor cafe. The perimeter
of the outdoor cafe shall be defined and set off by a portable-type
enclosure, which may include live plantings. The enclosure shall define
the perimeter of the area to be used as an outdoor cafe and shall
separate it from the pedestrians traversing the adjacent sidewalk.
The enclosure shall not contain doors or windows nor air conditioning
or heating equipment and shall be open at all times to the air from
a height of not more than three feet. Awnings or outdoor umbrellas
extending over the enclosure are permitted. The scaled drawings shall
also illustrate the following:
(1)
The location of any doors leading from the eating
establishment to the outdoor cafe. No such doors may be obstructed
in any manner.
(2)
The number of feet and location of unobstructed space
permitting free passage of pedestrian traffic around or through each
outdoor cafe.
(3)
The location of the place where any food or drink
is intended to be prepared.
(4)
An illustration of the enclosure or protective barrier
separating the eating and serving area of each outdoor cafe from pedestrian
traffic.
(5)
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.
(6)
The type and location of any proposed outdoor lighting
and fixtures.
(7)
An application fee as set forth in § A301-1C(1)(p) of the Borough of Closter Code.
The Construction Code Official will review the
application for completeness and compliance with the terms of this
chapter. If the application is complete, the Construction Code Official
will act upon the same within 10 business days of the submittal of
the application or within 10 business days after the application becomes
complete. If the application is not complete, the Construction Code
official will so notify the applicant within ten business days of
the submission and specifically detail the areas in which the application
lacks compliance with the requirements of this chapter.
If the application complies with this chapter,
the Construction Code Official shall issue a license strictly subject
to the terms and conditions of this chapter.
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 chapter.
Acceptance of the license by the applicant shall
operate as a consent to the health, fire, police and building officials
of the Borough of Closter to inspect the outdoor cafe for continued
compliance with the terms and conditions of this chapter and any federal,
state, county or local law, ordinance or regulation affecting the
same.
No license required by this chapter shall be
granted to any person to operate an outdoor cafe until such person
shall have filed with the Borough Clark a statement agreeing to indemnify
and hold harmless the Borough of Closter, its agents, servants, representatives
or employees from any or all claims, damages, judgment 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 damage suffered by any person or persons as a result of or
related in any way to the operation and maintenance of the outdoor
cafe for which the license is issued.
No license required by this chapter shall be
granted to any person to operate an outdoor cafe until such person
shall have first filed with the Borough Clerk a commercial 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 Borough of Closter, 295 Closter Dock Road, Closter,
New Jersey 07624, its agents, officers, servants, representatives
and employees as additional insured with respect to the operation
and maintenance of the outdoor cafe for bodily injury and property
damage in the amount of $1,000,000 combined single limit. The insurance
coverage required by this inspection shall at all times be maintained
for the full amount. The policy or certificate of insurance required
by this section to be filed with the Borough Clerk shall contain a
clause obligating the company issuing the same to give not fewer than
30 days' written notice to the Borough Clerk by certified mail, return
receipt requested, 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 affect or 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 Construction
Code Official and a letter in writing confirming the new effective
date of the license is issued by the Construction Code Official.
Every insurance policy required hereunder shall
contain a provision for continuing liability thereunder to the full
amount thereof notwithstanding any recovery thereon, that the liability
of the insured shall not be affected by the insolvency or the bankruptcy
of the insured and that until the policy is canceled the insurance
company will not be relieved from liability on account of nonpayment
of premium or of any act or omission by the named insured. Such policy
of insurance shall be further conditioned for the payment of any and
all judgments up to the limits of such policy. All policies or certificates
of insurance shall be submitted to the borough's Risk Management Consultant
for review and approval prior to the granting of a license and annually
thereafter.
Any license issued hereunder is issued solely
as a revocable license, which shall be subject to revocation or suspension
by the Mayor and Council for failure of any licensee to comply with
this chapter or for violation of any other applicable federal, state,
county or municipal law, regulation or ordinance. Any license issued
hereunder is issued upon the express understanding that the licensee
obtains no property right thereunder, nor any interest in the continuation
or said license.
It shall be unlawful for any person to operate
an outdoor cafe after the suspension or termination of the applicable
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.
No vending machines of any kind are permitted
on the exterior of any building operating an outdoor cafe.
[Amended 12-12-2012 by Ord. No. 2012:1134]
No signs shall be permitted in the area of the
outdoor cafe except for signs on the facade of the retail food service
establishment and on the awnings, complying with the applicable sign
regulations of the Closter Code, other than a "sandwich board" type
of sign, which shall not be allowed to remain outside after the end
of each business day.
In addition to the powers of suspension or revocation
as set forth above, the borough reserves the right to modify, suspend
or revoke any license on 10 days' written notice if the borough determines
that pedestrian traffic is, in fact, impeded or made unsafe because
of the operation of the outdoor cafe or because of any other safety
issue which the borough determines adversely affects the borough because
of such operation. The license may also be suspended or revoked on
10 days written notice in the event that the borough 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 Borough Manager, the license may
be suspended or revoked without notice.
[Amended 12-12-2012 by Ord. No. 2012:1134]
Alcoholic beverages may be served outdoors in
accordance with the alcoholic beverage control licensing requirements
of the State of New Jersey. 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 alcoholic
beverage control license to be amended to include the premises utilized
for outdoor cafe purposes in order to serve alcoholic beverages therein.
[Amended 12-12-2012 by Ord. No. 2012:1134]
Outdoor cafes shall be permitted to operate as authorized in § 141-3. The license, when issued, shall be valid for the calendar year in which it was issued.
[Amended 12-12-2012 by Ord. No. 2012:1134]
No tables, chairs or other equipment shall be
attached, chained or in any manner affixed to any tree, post, sign,
curb or sidewalk or to property of the Borough in any way.
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 days' written notice shall grant
to the borough the right to remove any property on the sidewalk, and
the licensee agrees to reimburse the borough for the cost of removing
and storing the same.
[Amended 12-12-2012 by Ord. No. 2012:1134]
The applicant shall not direct or permit to
be directed to or from the outdoor cafe any bell, whistle, siren,
loudspeaker, public-address system, radio, sound amplifier or similar
sound device.
[Amended 12-12-2012 by Ord. No. 2012:1134]
A.
No outdoor
cafe shall be open for business prior to 7:00 a.m. nor remain open
for business after 11:00 p.m. All persons occupying the outdoor cafe
shall vacate the same no later than 11:30 p.m.
B.
The applicant
shall remove all chairs and other equipment from the sidewalk within
30 minutes of the time in which the outdoor cafe is vacated at the
end of each business day; however, tables may remain outside at night
during the time of the calendar year allowed hereunder.
[Amended 12-12-2012 by Ord. No. 2012:1134]
Table service is required. Any table service
provided at the outdoor cafe shall be provided by persons engaged
or employed for that purpose and shall be furnished to seated patrons
only.
