[HISTORY: Adopted by the City Council of
the City of Trenton 12-19-2019 by Ord. No. 19-80. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
An establishment that qualifies to have a sidewalk cafe shall
include:
RESTAURANTA building or portion thereof where food and beverages are sold for consumption on the premises as the principal or primary use.
That portion of the public easement which lies between the
building line and the curb.
Sidewalk space beyond the building line and to the front
of a qualifying establishment as defined herein which could be expanded
to include space in front of a building which is immediately next
door to the qualifying establishment to accommodate tables and chairs
for patrons to utilize.
A.
No person may operate a sidewalk cafe without obtaining a permit
from the City Clerk, pending approval from the City of Trenton Health
Department, the Department of Public Works, the Department of Inspections,
and the Department of Housing and Economic Development.
B.
Sidewalk cafes are permitted only in association with a qualifying
establishment.
C.
The allowed projection of a sidewalk cafe shall be governed by the
following:
(1)
Where the sidewalk is more than 20 feet in width, the maximum projection
of any sidewalk cafe shall be 10 feet, including but not limited to
all partitions, plants, flower boxes, signs, and/or other permitted
decorative elements or parts thereof. Where there are existing fixed
obstructions on the right-of-way, such as but not limited to bus shelters,
informational kiosks, trees, utility poles, streetlights or traffic
lights, and/or directional or City signs, the City may place further
limitations on the projection of a cafe to assure a minimum of eight
feet of safe, unobstructed pedestrian egress.
(2)
Where the sidewalk is less than 20 feet but more than 17 feet in
width, the maximum projection of any sidewalk cafe shall be eight
feet, including but not limited to all partitions, plants, flower
boxes, signs, and/or other permitted decorative elements or parts
thereof. Where there are existing fixed obstructions on the right-of-way,
such as but not limited to bus shelters, informational kiosks, trees,
utility poles, streetlights or traffic lights, and/or directional
or City signs, the City may place further limitations on the projection
of a cafe to assure a minimum of six feet of safe, unobstructed pedestrian
egress.
(3)
Where the sidewalk is less than 17 feet in width, the maximum projection
of any sidewalk cafe shall be six feet or 1/2 of the sidewalk width,
whichever is less, provided there is a minimum of five feet of safe,
unobstructed pedestrian egress.
(4)
Where none of the above conditions can be met, a determination will
be made on a case- by-case basis by a representative from the Department
of Public Works to assure that safe, unobstructed pedestrian egress
is maintained.
D.
Where the qualifying establishment is located on a corner, both the
front and side sidewalk areas fronting the qualifying establishment
may be used for the sidewalk cafe.
A.
All establishments permitted to operate a sidewalk cafe shall display
a permit in an unobstructed location.
B.
Sidewalk cafes where alcohol is served shall be separated from the
public portion of the sidewalk by a partition that is not less than
30 inches in height or more than 42 inches in height. The partition
shall not obstruct, in any way, patrons, pedestrians, or public safety
personnel from entering or exiting the restaurant.
C.
Partitions for seasonal installation shall be constructed of metal,
wood, or another substantial material that is not easily moved or
disturbed by patrons or pedestrians, and may be easily maintained
in good condition throughout the season. Such partitions may be temporary
in nature and capable of being removed during nonbusiness hours. All
materials must have the capacity to be easily and quickly moved in
the event of an emergency and shall not be permanently fixed to the
sidewalk, building, or other structure.
D.
At no time shall the sidewalk cafe partition, tables, chairs, and
any other cafe furniture or accessory block any residential entrance.
A clear, straight path from door to curb shall be provided and maintained
for public safety.
E.
The sidewalk cafe shall be at the same elevation as the sidewalk.
Paint, carpet, platforms, or any other surface cover or treatment
of any kind shall not be permitted in the area of the sidewalk cafe,
unless expressly permitted by the governing body.
F.
Outside speakers or other sound reproduction devices shall not be
operated or used within a sidewalk cafe for any reason.
G.
Outdoor heaters shall not be operated or used within a sidewalk cafe
for any reason.
H.
Smoking shall not be permitted within a sidewalk cafe.
I.
All tables, chairs, and other cafe furniture shall be removed from
the sidewalk at the close of business each day and shall be secured.
Cafe partitions may remain on the right-of-way overnight, from March
15 through November 15, provided they meet all other conditions and
specifications included in this article. During the rest of the year,
partitions and all accompanying furniture must be removed and stored
indoors or off the premises.
J.
The entire sidewalk area in front of the premises must be maintained
by sweeping or washing daily or more frequently, as needed, by the
permit holder.
K.
Premises must be kept clean and free of debris, litter, and other
refuse throughout the day. Tables shall not be preset with utensils,
napkins, or other dining items and shall instead be set when patrons
are seated. Tables must be cleared promptly upon the departure of
the guests.
L.
No preparation of food or beverages shall take place outdoors but
shall be restricted to the inside of the qualifying establishment.
M.
Alcoholic beverages, when permitted under this chapter, shall not be served or consumed on any sidewalk or any other public area which is outside the partitioned area of the sidewalk cafe. Further, provided there is compliance with the terms herein, consumption of alcoholic beverages at a sidewalk cafe shall not violate the terms of § 10-19A.
N.
No persons, other than those being served and qualifying establishment
personnel, shall be within the sidewalk cafe area except for those
persons passing through the sidewalk cafe to enter or exit the premises.
O.
Holes drilled into the sidewalk for the support of partitions shall
be capped when not in use.
P.
No waste receptacle shall be located in the sidewalk cafe. All food,
place settings, refuse, and other dining materials must be properly
disposed of indoors. Similarly, no bussing station shall be located
outdoors, and all tables shall be cleared promptly upon the departure
of the patrons. Restaurants that do not provide table service shall
direct patrons to clear their tables and dispose of any refuse indoors.
Restaurant personnel must ensure that tables are kept clean and free
of debris even if the establishment does not provide table service.
Q.
Cafes may be permitted to expand in front of an immediately adjacent
property to either side of the permit-holding restaurant by one property
width to either side of the property line of the qualifying establishment,
but said expansion shall not exceed 25 feet in length on either side.
(1)
Where a qualifying establishment seeks to expand the cafe area to
the front of an adjacent property as permitted herein and the permit
holder has or has previously received a permit, the permit holder
shall submit a new application for a permit, which shall include revised
scale drawings depicting the proposed expanded area, and the documents
required for a permit renewal for the current face.
(2)
An initial applicant seeking to have the cafe area expand to the
front of an adjacent building as permitted herein shall submit the
documentation and follow the procedure delineated in the City Code
but shall clearly set forth in the application and drawings the expanded
area being requested.
(3)
The owner of the property where the qualifying establishment is located
and the owner of the adjacent property shall submit a duly executed
consent, in a form acceptable to the City, which has been executed
between the parties confirming the adjacent property owner's
consent to the extension of the sidewalk cafe, prior to the issuance
of a new or amended permit. Such consent must be reaffirmed and resubmitted
for each annual renewal.
(4)
Where a cafe is extended to the front of an adjacent property as
permitted herein, the permit holder is required to continue to abide
by all other regulations delineated herein, including the regulation
prohibiting the cafe area from blocking a residential entrance.
R.
Cafes must supply a certificate of insurance covering the outdoor
cafe under a general liability policy, with coverage of at least $500,000
per occurrence. Such insurance must cover outdoor dining (and alcohol
consumption, if applicable) and must release the City of any liability.
S.
During all times of use, all establishments permitted to operate
a sidewalk cafe must maintain that portion of the sidewalk in a safe
manner consistent with these provisions and others that may be promulgated.
T.
Per § 167-1 (Prohibited noises) of the City Code, it shall be unlawful for any cafe premises to make any unnecessary excessive noises or sounds by means of the human voice, or by any other means or methods which are physically annoying to persons, or which are so harsh or so prolonged or unnatural, or unusual in their use, time and place as to occasion physical discomfort, or which are injurious to the lives, health, peace and comfort of the inhabitants of the City, or any number thereof.
A.
The sidewalk cafe permit shall be individualized to the applicant,
person or business entity, and may not be sold, leased or transferred
and shall be deemed revoked by the sale or transfer of lease or title
of the building or the business to which the sidewalk cafe is related.
B.
The term of each permit shall commence on January 1 and expire on
December 31 of each year. There shall be no proration of permit fees,
regardless of when the permit is obtained.
C.
All permits issued pursuant to this chapter shall permit sidewalk
cafe operations year round, any day of the year, except that no cafes
shall be operated when there is snow obstructing any part of the public
right-of-way.
D.
Hours of operation shall be between 9:00 a.m. and 10:00 p.m., seven days a week, except as permitted in Subsection E of this section, and except that no alcoholic beverages, when permitted under this section, shall be served in a sidewalk cafe when restricted by state or local alcoholic beverage control (ABC) laws, including § 10-5 of the City Code.
E.
Between Memorial Day and Labor Day each calendar year, on Thursday,
Friday, and Saturday of each week, hours of operations shall be between
8:00 a.m. and 11:00 p.m.
F.
Permits may be temporarily suspended at the discretion of the City
at any time and for any reason, including but not limited to emergencies
and public works projects.
G.
Applicants who receive a permit shall agree to maintain any area
of any sidewalk granted for use in a safe, clean, and otherwise compliant
manner during the time frame that use occurs.
A.
Applicants for a sidewalk cafe shall submit the following documents:
(1)
A completed application form to be available through the City Clerk
and on the City's website.
(2)
A copy of the qualifying establishment's certificate of liability
insurance.
(3)
A letter of consent from the property owner stating that the qualified
establishment and its operator, by name, are permitted to operate
a sidewalk cafe in front of the property.
(4)
Confirmation from the City of Trenton Health Department, the Department
of Public Works, the Department of Inspections, and the Department
of Housing and Economic Development that the applicant is in good
standing.
(5)
Confirmation of a place-to-place transfer from the Division of Alcoholic Beverage Control (ABC) as described in Subsection C of this section.
(6)
Scale drawings of any planned sidewalk cafe expansion, including
the existing portions of the establishment, depicting the layout and
design of such a cafe.
B.
The office of the City Clerk will issue a permit to utilize the sidewalk
area.
C.
Applicants must amend, via a place-to-place transfer, their liquor
license application with the New Jersey State Division of Alcoholic
Beverage Control (ABC) in accordance with that agency's Title
33. Evidence of such an amendment must be included with the application
for a sidewalk cafe permit.
D.
Applicants will pay a $400 initial registration fee, as well as an
annual $200 renewal fee.
E.
The City may deny an application for reasons including, but not limited
to, previous violations of regulations herein or elsewhere as related
to the business in question, tax delinquencies, or other outstanding
matters at the discretion of the City or other designated official.
A.
The Department of Inspections and the Police Department of the City
of Trenton shall have the authority to enforce this chapter.
B.
Any person who violates any provision of this chapter shall be subject
to a civil penalty as determined by the Trenton Municipal Court. If
the violation is of a continuing nature, each day during which it
occurs shall constitute an additional, separate, and distinct offense.
C.
The City of Trenton may revoke a permit through its duly authorized
agent if, after notice and a hearing, a sidewalk cafe permit holder
fails to cure a violation within 10 days or upon receipt of citation
for violation of City or state law or any of the requirements set
forth herein.
D.
The City of Trenton may require the immediate closure and removal
of all sidewalk cafes or other projections or encumbrances upon any
street, sidewalk or public easement which are improperly constructed
or maintained, or which otherwise create a hazard to the public.
E.
A permit holder aggrieved by any decision to revoke a permit, or
to close or remove a sidewalk cafe, shall be afforded a hearing before
City Council. Such request for hearing shall be in writing and delivered
to the City Clerk.
F.
The rules and regulations set forth herein shall be applied to all
sidewalk cafe permit holders, effective upon adoption of this chapter.
Prior conditions that are noncompliant must be abated or approved
by the governing body before a permit shall be issued for the following
calendar year.
