[HISTORY: Adopted by the Mayor and Council of the Borough of Leonia 9-9-2002 by Ord.
No. 08-02. 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 the
D Business Zone district of the Borough of Leonia.
The following words shall have the meanings respectively ascribed in
this chapter:
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
the Land Use Ordinance.[1]
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 Borough
of Leonia, 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 shall be directly in front of 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 building or portion of building occupied by the eating
establishment projected directly to the curbline immediately in front thereof.
Application for the license 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 or 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, corporate, business or fictitious
name upon which the applicant intends to do business.
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.
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. 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. 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:
(1)
The location of any door leading from the eating establishment
to the outdoor cafe. No such doors may be obstructed in any manner.
(2)
The number of feet and location of unobstructed space
permitting free passage of pedestrian traffic around or through each outdoor
cafe.
(3)
The location of the place where any food or drink is
intended to be prepared.
(4)
An illustration of the enclosure or protective barrier
separating the eating and serving area of each outdoor cafe from pedestrian
traffic.
(5)
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.
(6)
The type of location of any proposed outdoor lighting
and fixtures.
F.
All application fee in the amount of $50.
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
is deemed 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 this chapter, the Construction Code
Official 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 Borough to inspect
the outdoor cafe for continued compliance with the terms and conditions of
this chapter and any federal, state, county, or local law, article, or regulation
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 Construction
Code Official a statement agreeing to indemnify and hold harmless the Borough
of Leonia, its agents, servants, representatives, or employees from any and
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.
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 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 amount specified. Such insurance policy shall name the Borough
of Leonia, 312 Broad Avenue, Leonia, New Jersey, 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 chapter shall
at all times be maintained for the full amount. The policy of insurance required
by this chapter to be filed with the Construction Code Official shall contain
a clause obligating the company issuing the sane to give not less than 30
days' written notice to the Borough 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 the provisions
of this chapter is filed with the Construction Code Official and a letter
confirming receipt of the new policy 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 license issued hereunder is issued solely as a revocable license,
which shall be subject to revocation or suspension by the Borough 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
article. 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 clean or 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 of any kind are permitted on the exterior of any
building operating an outdoor cafe.
In addition to the powers of suspension or revocation as set forth above,
the Borough reserves the right to modify, suspend or revoke any license on
10 days' written notice if the Borough 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 Borough determines adversely
affects the Borough because of such operation. The license may also be suspended
or revoked on 10 days' written notice, in the event that the Borough 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 any emergency, which
emergency is certified by the Borough Administrator, the license may be suspended
or revoked without notice.
If the applicant is the holder of an alcoholic beverage control license
pursuant to the 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.
Outdoor cafes shall be permitted to operate on any day of the year.
The license, when issued, shall be valid for the calendar year in which it
is issued.
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 Borough of Leonia 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 Borough the right to remove any property
on the sidewalk, and the licensee agrees to reimburse the Borough for the
cost of removing and storing the same.
The licensee shall not directly 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 be open for business prior to 7:00 a.m. nor remain
open for business after 12:00 midnight., all persons occupying the outdoor
cafe shall vacate the same no later than 12:30 a.m.
Table service is required.
