[HISTORY: Adopted by the Township Council of the Township of Hillside 11-12-2003. Amendments noted where applicable.]
The purpose of this chapter is to establish a procedure and authorize rule and regulations thereunder for the issuance of permits for outdoor cafes in the Township of Hillside.
For the purpose of this chapter, the following words shall have the meanings respectively described in this section:
- OUTDOOR CAFE
- 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 Chapter 188, Land Use, § 188-22.
- 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 Township of Hillside, or on private property, unless such person shall hold a currently valid permit issued pursuant to the terms of this chapter.
No permit shall be issued hereunder unless the permittee shall demonstrate that a minimum of five feet of unobstructed paved surface will be available for pedestrian traffic around or through such outdoor cafe and that such outdoor cafe is directly in front of an eating establishment as herein above defined. No food or drinks served at such outdoor cafe shall be prepared or stored other than in the interior of the eating establishment. The term "directly in front of" shall confine the cafe to the area represented by an extension of each side of the store occupied by the eating establishment projected directly to the curbline immediately in front thereof. Tables are to be restricted to a maximum of 15 and no more than four chairs per table.
Application for the permit required hereunder shall be made to the Construction Code Official 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 and 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.
A copy of the trade name or corporate, business or fictitious name upon which the applicant intends to do business pursuant to this chapter.
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.
Proposed layout plan.
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 shall be submitted. 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. Awnings or outdoor umbrellas extending over the enclosure are permitted.
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 passages of pedestrian traffic around or through each outdoor cafe.
The location of the place where any food or drink is intended to be prepared.
An illustration of the enclosure or protective barrier separating the eating and serving area of each outdoor cafe from pedestrian traffic.
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.
An application fee of $100 (per season) to be paid by the applicant.
An application fee of $50 (per season) to be paid by the applicant.
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 10 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 the chapter, the Construction Code Official shall issue a permit strictly subject to the terms and conditions of this chapter.
The permit is personal to the applicant, and any change or transfer of ownership of the outdoor cafe shall terminate the permit and shall require new application and a new permit in conformance with all of the requirements of this chapter.
Acceptance of the permit by the applicant shall operate as a consent to the health, fire, police and building officials of the Township 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 permit required by this chapter shall be granted to any person to operate an outdoor cafe until such person shall have filed with the Construction Code Official a statement agreeing to indemnify and hold harmless the Township of Hillside and its agents, servants, representatives or employees from any or all claims, damages, judgments costs or expenses, including attorney 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 permit is issued.
No permit required by this chapter shall be granted to any person to operate an outdoor cafe until such person shall have first filed with the Construction Code Official 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 Township of Hillside, Hillside and Liberty Avenues, Hillside, New Jersey 07205, and 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 Construction Code Official shall contain a clause obligating the company issuing the same to give not less than 30 days' written notice to the Township 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 permit of such person to operate the outdoor cafe covered thereby until a new policy complying with the provisions of this section is filed with the Construction Code Official and a letter in writing confirming the new effective date of the permit 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.
Any permit issued hereunder is issued solely as a revocable permit, which shall be subject to revocation or suspension by the Construction Code Official for failure of any permittee to comply with this chapter or for violation of any other applicable federal, state, county or municipal law, regulation or ordinance. Any permit issued hereunder is issued upon the express understanding that the permittee obtains no property right thereunder nor any interest in the continuation of said permit.
It shall be unlawful for any person to operate an outdoor cafe after the suspension or termination of the applicable permit.
Each permittee 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, food serving stations or bars of any kind are permitted on the exterior of any building operating an outdoor cafe.
No signs shall be permitted in the area of the outdoor cafe.
In addition to the powers of suspension or revocation as set forth above, the Township reserves the right to modify, suspend or revoke any permit on 10 days' written notice if the Township 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 Township determines adversely affects the Township because of such operation. The permit may also be suspended or revoked on five days' written notice in the event that the Township 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 Township, the permit may be suspended or revoked without notice.
If the applicant is the holder of an alcoholic beverage control permit pursuant to the laws of the State of New Jersey, it shall be the applicant's responsibility to cause the alcoholic beverage control permit to be amended to include the premises utilized for outdoor cafe purposes in order to serve alcoholic beverages therein. Such application shall be restricted to table service of wine and beer only.
Outdoor cafes shall be permitted to operate from April 1 to October 31 in any calendar year. The permit, when issued, shall be valid for one season.
No tables, chairs 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 Township of Hillside within or near the permitted area.
The permittee agrees at the end of the permit period, or in the event that the permit is temporarily or permanently suspended or revoked, that the permittee 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 Township the right to remove any property on the sidewalk, and the permittee agrees to reimburse the Township for the cost of removing and storing the same.
The permittee 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 open for business prior to 7:00 a.m. or 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. Said closing times may be extended by the permittee for one hour on Friday and Saturday only.
Table service is required.
Any violations of the permit will be subject to a $250 minimum fine and mandatory revocation of the permit.