[HISTORY: Adopted by the Municipal Council
of the City of Clifton 8-18-1998 by Ord. No. 5992-98. 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 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.
A.
Unless specifically defined below, words and phrases
used in this chapter shall be interpreted so as to give them the meanings
they have in common usage and to give this chapter its most reasonable
application.
B.
OUTDOOR CAFE
PUBLIC PLAZA
As used in this chapter, the following shall the meanings
indicated:
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 or place of business where food and/or
other refreshments are served, or a public plaza immediately adjacent
to any restaurant, cafe or place of business where food and/or other
refreshments are served, or where permitted on private property pursuant
to the land use and zoning ordinances.[1] Said outdoor area shall be considered as part of the building
structure and shall be limited in use to table service only for patrons
of the eating establishment. Consumption of permitted alcoholic beverages
in an outdoor cafe by patrons shall not be considered in violation
of state regulations and/or local ordinances prohibiting the consumption
of such beverages in open containers.
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, but excluding that portion of the public right-of-way
occupied by shade trees, fire hydrants, parking meters and utility
poles.
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.
A.
The sidewalk area upon which a cafe has been authorized
to operate pursuant to this chapter may constitute premises duly licensed
for the sale and consumption of alcoholic beverages; provided, however,
that the related restaurant of which the cafe is a part and an extension
of is so licensed; and provided further, however, that specific approval
has been obtained from the City of Clifton Board of Alcoholic Beverage
Control for the extension of the alcoholic beverage consumption license
to the sidewalk area. Such approval shall be separate from and must
be obtained in addition to the license to operate a sidewalk cafe
pursuant to this chapter.
B.
Retail food establishments which do not have a license
to sell alcoholic beverages within their premises shall not be permitted
to allow patrons to carry onto or consume alcoholic beverages on any
sidewalk area licensed as a cafe hereunder.
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.
A.
Application for the license required hereunder shall
be made to the Zoning Officer and be signed by the applicant. The
application shall be in such form and shall contain the following
information:
(1)
The full name, address and telephone number of each
individual, owner, partner or chief operating executive of the corporation.
(2)
A copy of the trade, corporate, business or fictitious
name upon which the applicant intends to do business pursuant to this
chapter.
(3)
The address of each place where the applicant intends
to establish or operate an outdoor cafe.
(4)
The full name and address of the person owning the
premises, if other than the applicant, with the consent of the owner
of the premises attached to the application.
(5)
Three sets of a proposed layout plan containing drawings
clearly illustrating the number and location of all tables, chairs
and umbrellas intended to be located in the outdoor cafe.
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.
A.
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 Zoning Officer 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 City of Clifton, 900 Clifton Avenue, Clifton,
New Jersey 07013, its agents, officers, servants, representatives,
and employees as an 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 Zoning Officer shall
contain an endorsement for 30 days' notice of cancellation or nonrenewal,
stating that the City and licensee shall receive, in writing, 30 days'
notice of cancellation or nonrenewal by certified mail, return receipt
requested. The City shall be named as an additional insured under
the liability portion of the insurance coverage. 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 with the provisions of
this section is filed with the Zoning Officer and a letter, in writing,
confirming the new effective date of license is issued by the Zoning
Officer.
C.
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.
A.
Any license issued hereunder is issued solely as a
revocable license, which shall be subject to revocation or suspension
by the City of Clifton 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
of said license. It shall be considered a violation of this chapter
for any person to operate an outdoor cafe after the suspension or
termination of the applicable license.
B.
In addition to the powers of suspension or revocation
as set forth above, the City reserves the right to modify, suspend
or revoke any license on five days' written notice if the City 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 City determines adversely affects the City because
of such operation. The license may also be suspended or revoked on
five days' written notice in the event that the City determines that
it is necessary to utilize the area or any part thereof for the maintenance
or installation of underground facilities. In the event of any emergency,
which emergency is certified by the City Manager, the license may
be suspended or revoked without notice.
A.
Each licensee is responsible for keeping the area
of the outdoor cafe and the adjacent walks, plazas and streets free
and clear of any debris or litter occasioned by the cafe. Areas must
be cleaned as needed at the time the business is closed and at the
beginning of each business day, but not later than 9:00 a.m.
B.
No vending machines of any kind are permitted on the
exterior of any building operating an outdoor cafe.
C.
No signs shall be permitted in the area of the outdoor cafe except signs on the awning complying with Chapter 461, Zoning, of the City of Clifton Code.
D.
Within 30 minutes after the closing of the outdoor
cafe, the operator shall have all furniture, apparatus, decoration
and appurtenances and any other items used in connection with the
operation of such outdoor cafe removed from the sidewalk. All such
materials shall be stored in a safe and secure interior location.
[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.
A.
No tables, chairs or other equipment 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 City of Clifton within
or near the licensed area.
B.
Any umbrellas or awnings used in connection with an
outdoor cafe shall provide a minimum clearance of seven feet from
its lowest point to the sidewalk grade.
C.
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 City
the right to remove any property on the sidewalk, and the licensee
agrees to reimburse the City for the cost of removing and storing
the same.
D.
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.
E.
No outdoor cafe shall 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 11:00 p.m.
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.
