[HISTORY: Adopted by the Mayor and Council of the Borough of Dumont 10-20-1988 by Ord. No. 1249. 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 Business Zone District of the Borough of Dumont.
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, or where permitted on private property pursuant to the Zoning Ordinance.
- 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 Dumont, 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 five 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 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.
Application for the license required hereunder shall be made to the Building Department and shall be signed by the applicant. The application shall contain the following information:
The name, resident address and telephone number of each individual, owner, 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.
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 a proposed layout plan containing scaled drawings clearly illustrating the number, type of materials, color and location of all tables, chairs, umbrellas and 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 hearing 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.
An application fee of $150.
The Construction Code Official/Zoning Officer will review the application for completeness and compliance with the terms of this chapter. If the application is complete, the Construction Code Official/Zoning Officer will act upon the same within 20 business days of the submittal of the application or within 20 business days after the application becomes complete. If the application is not complete, the Construction Code Official/Zoning Officer will so notify the applicant within 20 business days of the submission and specifically detail the areas in which the application lacks compliance with the requirements of this chapter. In no event shall the failure of the Construction Code Official/Zoning Officer to act within the periods set forth herein constitute an approval.
If the application complies with this chapter, the Building Department 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 of Dumont 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 license required by this chapter shall be granted to any person to operate an outdoor cafe until such person shall have filed with the Building Department a statement agreeing to indemnify and hold harmless the Borough of Dumont, 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.
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 Building Department a commercial 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 Borough of Dumont, 50 Washington Avenue, Dumont, New Jersey 07628, its agents, officers, servants, representatives and employees as additional insured with respect to the operation and maintenance of the outdoor cafe for bodily injury and property damage in the amount of $1,000,000 combined single limit. The insurance coverage required by this section shall at all times be maintained for the full amount. The policy or certificate of insurance required by this section to be filed with the Building Department shall contain a clause obligating the company issuing the same to give not fewer than 30 days' written notice to the Building Department by certified mail, return receipt requested, 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 section is filed with the Building Department and a letter in writing confirming the new effective date of the license 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 or 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. All policies or certificates of insurance shall be submitted to the Borough's Risk Management Consultant for review and approval prior to the granting of a license and annually thereafter.
Any license issued hereunder is issued solely as a revocable license, which shall be subject to revocation or suspension by the Mayor and Council or Construction Code Official/Building Department 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 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 8:00 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 an other safety issue which the Borough determines adversely affects the Borough because of such operations. 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 an emergency, which emergency is certified by the Borough Manager, 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, alcohol may not be served in any outdoor cafe. In premises without a liquor license, the owner, manager, or party in control of the premises shall not suffer, permit, or allow any patron to consume alcohol in any outdoor area regardless of where the alcoholic beverage is purchased.
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 was 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 Dumont 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 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. nor 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.
Table service is required.