[HISTORY: Adopted by the City Council of the City of Paterson 9-27-2005 by Ord. No. 05-066. Amendments noted where applicable.]
For the purpose of this chapter, the following words shall have the meanings respectively ascribed 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 for on-site consumption.
- That area of the public right-of-way reserved for pedestrian traffic from the curb to the front line of the building housing a proposed or existing outdoor cafe.
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 City of Paterson 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 meets the following conditions:
The licensee must have existing approved indoor seating for a minimum of 20 persons (five tables of four persons or equivalent), and the total combined indoor and outdoor seating shall not exceed the maximum number of indoor seating allowed by state and local regulation.
The licensee 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 contiguous to an eating establishment as hereinabove defined.
Outdoor seating may not displace parking spaces required by building and zoning regulations.
No food or drinks served at such outdoor cafe shall be prepared other than in the interior of the eating establishment.
The licensee shall demonstrate adequate controls to prevent vermin entrance into the interior of the food establishment, such as air curtains and pass-through windows.
Tables and chairs must be removed from the public sidewalks when the establishment is not open for business.
Application for the license required hereunder shall be made to the Health Officer 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, partner or, if a domestic corporation or limited liability company (LLC), the names, residence addresses and telephone numbers of the members, directors and officers owning a ten-percent or greater interest in the corporation or LLC and the chief operating executive of the corporation or LLC 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, 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.
Three sets of proposed layout plans containing scaled drawings clearly illustrating the number, type of material, color and location of all tables, chairs, umbrellas, or other furnishings or fixtures intended to be located in the outdoor cafe. The perimeter of the outdoor cafe may, if appropriate, 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:
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 passage 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.
The application fee and annual license fee shall be $100.
Licenses shall expire annually on March 1.
The Health Officer in conjunction with the Department of Community Development will review the application for completeness and compliance with the terms of this chapter. If the application is complete, the Health Officer 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 Health 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 the chapter, the Health 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 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 City to inspect the outdoor cafe for continued compliance with the terms and conditions of this chapter.
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 Health Officer a statement agreeing to indemnify and hold harmless the City of Paterson, 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.
Liability insurance requirement. 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 Health 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 Paterson, 155 Market Street, Paterson, New Jersey 07505, 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 Health Officer shall contain a clause obligating the company issuing the same to give not less than 30 days' written notice to the City 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 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 Health Officer and a letter confirming in writing the new effective date of the license is issued by the Health Officer.
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 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 license issued hereunder is issued solely as a revocable license, which shall be subject to revocation or suspension by the Business Administrator 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 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 generated by the cafe. Areas must be cleaned 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.
No signs shall be permitted in the area of the outdoor cafe except signs on the awnings or umbrellas complying with the Zoning and/or Sign Ordinances of the City of Paterson.
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 10 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 10 days' written notice in the event the City 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 Business Administrator, the license may be suspended or revoked without notice. Any appeal of the revocation of a license shall be heard by the Business Administrator.
If the applicant is the holder of an alcoholic beverage control license pursuant to laws of the State of New Jersey, it shall be the applicant's responsibility to cause the Alcohol Beverage Control license to be amended to include the premises utilized for outdoor cafe purposes in order to serve alcoholic beverages therein.
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, or other fixtures, curb or sidewalk, within or near the licensed area.
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.
The licensee shall not direct 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. nor remain open for business after 11:00 p.m.
Table service is required.