The Code of the City of Salem, adopted October 16, 1995, is hereby amended to add a new chapter, specifically Chapter
148, entitled "Outdoor Sidewalk Cafes," and providing as follows.
No outdoor sidewalk cafe license shall be issued
unless the licensee shall have first executed and filed with the City
Clerk an indemnification agreement pursuant to which the licensee,
in further consideration of the issuance of the license, shall agree
to forever defend, protect, indemnify and save harmless the City of
Salem, its officers, agents and employees from and against any and
all claims, causes of action, injuries, losses, damages, expenses,
fees and costs arising out of or which may arise out of the licensee's
operation of such outdoor sidewalk cafe.
The fee for an outdoor sidewalk cafe license
shall be $100 per season.
All outdoor sidewalk cafe licenses shall be
issued for the six-month period commencing May 1 and ending October
31 of the particular year. Licenses may be renewed annually by the
filing of an application in accordance with the provision of this
chapter.
An outdoor sidewalk cafe authorized and operating
pursuant to this chapter shall comply with all of the following rules
and regulations and such others as may be adopted from time to time
by resolution of the Common Council of the City of Salem.
A. The cafe shall be operated and maintained in accordance
with the layout plan as finally approved.
B. No furniture, apparatus, decoration or appurtenance
used in connection with the operation of the outdoor sidewalk cafe
shall be located in such a way as to impede the safe and speedy ingress
or egress to or from any building or structure.
C. No furniture, apparatus, decoration or appurtenance
used in connection with the operation of the outdoor sidewalk cafe
shall be located in such a way that less than three feet of paved
sidewalk remains for the exclusive use of pedestrians (the "required
pedestrian passageway"), nor shall any such furniture, apparatus,
decoration or appurtenance project or protrude into, on or above the
required pedestrian passageway.
D. Service in the outdoor sidewalk cafe shall be provided
by persons engaged or employed for that purpose and shall be furnished
to seated patrons only.
E. The sidewalk area utilized for the cafe shall be kept
clean and free of litter. Trash receptacles shall be provided as required
and approved from time to time by the city.
F. Noise shall be kept at such a level as to comply in
all respects with the provisions of the Code of the City of Salem.
G. Outdoor sidewalk cafes shall be permitted to operate
only within the permitted zones and only from 7:00 a.m. until 11:00
p.m during the months of May to October, inclusive.
H. Within 30 minutes after the closing of the outdoor
sidewalk cafe, the operator shall have all furniture, apparatus, decorations
or appurtenances and any other items used in connection with the operation
of such outdoor sidewalk cafe removed from the sidewalk. All such
materials shall be stored in a safe and secure interior location.
I. The operation shall comply with all the requirements
of N.J.A.C. 8:24-1 et. seq. (also known as "Chapter XII of the New
Jersey State Sanitary Code") and N.J.S.A. 24:15-1 et. seq.
J. The outdoor sidewalk cafe shall be actually operated
and maintained by the same person who operates and maintains the related
restaurant of which the cafe is a part and an extension.
K. The operator shall comply with all other ordinances
of the City of Salem.
[Amended 7-20-2020 by Ord. No. 20-06]
Any person violating this chapter shall, upon conviction, be
subject to a fine of not less than $100 nor more than $2,000; or imprisonment
in the county jail for a term not exceeding 90 days or by a period
of community service not exceeding 90 days. Any person who is convicted
of violating this chapter within one year of the date of a previous
violation of the same chapter and who was fined for the previous violation,
shall be sentenced by a court to an additional fine as a repeat offender.
The additional fine imposed by a court upon a person for a repeated
offense shall not be less than the minimum or exceed the maximum fine
fixed for a violation of the chapter, but shall be calculated separately
from the fine imposed for the violation of the chapter.