[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:
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:
A.
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.
B.
A copy of the trade, corporate, business or fictitious
name upon which the applicant intends to do business pursuant to this
chapter.
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 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:
(1)
The location of any doors 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 and location of any proposed outdoor lighting
and fixtures.
(7)
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.
