[HISTORY: Adopted by the City Council of
the City of Hackensack 5-5-1997 by Ord. No. 7-97. Amendments noted where
applicable.]
The purpose of this chapter is to establish
a procedure and authorize rules and regulation thereunder for the
licensing of outdoor cafes in the B-1 and B-2 Zones of the City of
Hackensack.
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 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 Hackensack 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:
A.
The licensee must have existing approved indoor seating,
and the total combined indoor and outdoor seating shall not exceed
the maximum number of indoor seating allowed by state and local regulation.
B.
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 be contiguous to an eating establishment as hereinabove defined.
C.
The minimum requirement for unobstructed paved surface
shall be four feet.
D.
Outdoor seating may not displace parking spaces required
by building and zoning regulations.
E.
No food or drinks served at such outdoor cafe shall
be prepared other than in the interior of the eating establishment.
F.
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.
G.
Tables and chairs must be removed from the public
sidewalks when the establishment is not open for business.
A.
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:
(1)
The name, residence 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 10% 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.
(2)
A copy of the trade, corporate, business or fictitious
name upon which the applicant intends to do business pursuant to this
chapter.
(3)
The address and description of each place where the
applicant intends to establish or operate an outdoor cafe.
(4)
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.
(5)
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:
(a)
The location of any doors leading from the eating
establishment to the outdoor cafe. No such doors may be obstructed
in any manner.
(b)
The number of feet and location of unobstructed
space permitting free passage of pedestrian traffic around or through
each outdoor cafe.
(c)
The location of the place where any food or
drink is intended to be prepared.
(d)
An illustration of the enclosure or protective
barrier separating the eating and serving area of each outdoor cafe
from pedestrian traffic.
(e)
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.
(f)
The type and location of any proposed outdoor
lighting and fixtures.
B.
The application fee and annual license fee shall be
$100.
C.
Licenses shall expire annually on March 1.
The Health Officer in conjunction with the Department
of Community Affairs 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 this 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 Hackensack, 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.
A.
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
Hackensack, 65 Central Avenue, Hackensack, New Jersey 07601; 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:
|
Type
|
Amount
|
|---|---|
|
Bodily injury
| |
|
Each person
|
$300,000
|
|
Each accident
|
$1, 000,000
|
|
Property damage
| |
|
Each person
|
$300,000
|
|
Each accident
|
$1, 000,000
|
B.
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, in writing,
confirming the new effective date of the license is issued by the
Health Officer.
C.
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.
A.
Any license issued hereunder is issued solely as a
revocable license, which shall be subject to revocation or suspension
by the City Manager 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.
B.
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 sign ordinance of the City of Hackensack.
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 that 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 City Manager, the license may
be suspended or revoked without notice.
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.
Outdoor cafes shall be permitted to operate
from April 1 to October 31 in any calendar year. The license, when
issued, shall be valid for one season.
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.
[Amended 6-26-2018 by Ord. No. 28-2018]
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, except that at times when the outdoor cafe is in operation, audio speakers shall be permitted at ground level for the playing of music for patrons within the decibel range permitted by N.J.A.C. 7:29, as codified in § 112-7 of the Code of the City of Hackensack (specifically, Table I, Maximum Permissible A-Weighted Sound Levels When Measured Outdoors). The Health Officer or designee shall retain the discretion to deny or revoke permission to use speakers at any outdoor cafe when, in his or her sole discretion, it will detrimentally impact surrounding properties or the public at large. Upon request of the Hackensack Police Department, the licensee shall discontinue use of speakers until such time as the Health Officer or designee once again allows their use.
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.
