The purpose of this chapter is to establish
a procedure and authorize rules and regulations thereunder for the
licensing of outdoor cafes in any zone of the City of Clifton except
the R-A1, R-A2, R-A3, R-B1, R-B2, R-B3, R-TH and R-HR zones.
It shall be unlawful for any person, firm, partnership,
corporation, association or organization (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 or public plazas of the City of Clifton, or on
private property, unless such person shall hold a currently valid
license issued pursuant to the terms of this chapter.
No license shall be issued hereunder unless
the licensee shall demonstrate that a minimum of four feet of unobstructed
paved surface will be available for pedestrian traffic around or through
such outdoor cafe, and that such outdoor cafe be directly in front
of or behind an eating establishment as hereinabove 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.
The Zoning Officer will review the application
for completeness and compliance with the terms of this chapter. If
the application is complete, the Zoning Officer will act upon the
same within 10 business days after the application becomes complete.
If the application is not complete, the Zoning Officer 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 this chapter,
the Zoning Officer 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 new license in
conformance with all of the requirements of this ordinance.
Acceptance of the license by the applicant shall
operate as a consent to the health, fire, police and building officials
of the City 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 regulations 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 Zoning Officer a statement agreeing to indemnify
and hold harmless the City of Clifton, 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. Said indemnification agreement
shall be in a form acceptable to the municipal attorney.
[Amended 3-1-2011 by Ord. No. 6934-11]
A. Outdoor cafes on the public right-of-way, public sidewalks or public plaza, as defined in §
377-2 hereof, shall be permitted to operate from April 1 to October 31 in any calendar year.
B. Outdoor
cafes located exclusively on private property shall be permitted to
operate from March 1 to November 30 in any calendar year.
C. A license
issued under Section A or B hereof, when issued, shall be valid for
one season.
Any person who shall violate any of the provisions
of this chapter shall, upon conviction, be punished by a fine not
to exceed $500, or by imprisonment in the County Jail for a period
not to exceed 30 days, or by both such fine and imprisonment, and
each violation of any of the provisions of this chapter and each day
there is a violation thereof shall be deemed and taken to be a separate
and distinct offense.