[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:
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:
A.
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.
B.
A copy of the trade name or 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.
Proposed layout plan.
(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 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.
(2)
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 passages of pedestrian traffic around or through each outdoor
cafe.
(c)
The location of the place where any food or drink is
intended to be prepared.
(d)
An illustration of the enclosure or protective barrier
separating the eating and serving area of each outdoor cafe from pedestrian
traffic.
(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.
F.
An application fee of $100 (per season) to be paid by
the applicant.
G.
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.
A.
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:
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 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.
