[HISTORY: Derived from the Revised General Ordinances of the Borough of Fort Lee, 1978, adopted 3-1-1979, as indicated in article histories. Amendments noted where applicable.]
[Derived from Ch. IV, Sec. 4-22, of the 1978 Code]
The purpose of this article is to establish a procedure and authorize rules and regulations thereunder for the licensing of outdoor cafes in the C-1, C-2, C-3, C-4 and C-5 Zones of the Borough of Fort Lee. The fee shall be $200 annually for the issuance of a license to operate an outdoor cafe in Fort Lee.
For the purpose of this article, the following words shall have the meanings respectively ascribed in this subsection:
- OUTDOOR CAFE
- Any eating establishment where food and other refreshments are served upon the public right-of-way, namely the sidewalks 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 Land Use Ordinance. 
- 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 Fort Lee, or on private property, unless such person shall hold a currently valid license issued pursuant to the terms of this article.
No license shall be issued hereunder unless 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 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 "in front of" shall confine the outdoor 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 of the store or the front door of the store.
Application for the license required hereunder shall be made to the Construction Code Official and shall be signed by the applicant. The application shall contain the following information:
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 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.
A copy of the trade, corporate, business or fictitious name upon which this applicant intends to do business pursuant to this article.
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 or 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 heating equipment and shall be open at all times to the air from a height of 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.
The Construction Code Official will review the application for completeness and compliance with the terms of this article. If the application is complete, the Construction Code Official will act upon the same within 10 business days after the submission of the application or within 10 business days after the application becomes complete. If the application is not complete, the Construction Code Official 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 article.
If the application complies with this article, the Construction Code Official shall issue a license strictly subject to the terms and conditions of this article.
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 the requirements of this article.
Acceptance of the license by the applicant shall operate as a consent to the health, fire, police and building officials of the borough to inspect the outdoor cafe for continued compliance with the terms and conditions of this article and any federal, state, county or local law, code, ordinance or regulation affecting same.
No license required by this article shall be granted to any person to operate an outdoor cafe until such person shall have filed with the Construction Code Official a statement agreeing to indemnify and hold harmless the Borough of Fort Lee, its agents, servants, representatives or employees from any or all claims, damages, judgment costs or expenses, including attorney's 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 article shall be granted to any person to operate an outdoor cafe until such person shall have first filed with the Construction Code Official 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 coverage set forth below in the amounts specified. Such insurance policy shall name the Borough of Fort Lee, 309 Main Street, Fort Lee, New Jersey 07024, its agents, officers, servants, representatives and employees as additional insured with respect to the operation and maintenance of the outdoor cafe in the following amount:
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 Construction Code Official shall contain a clause obligating the company issuing the same to give not less than 30 days' written notice to the Borough 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 article is filed with the Construction Code Official 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 of premium or of any act or omission by the named insured. Such policy of insurance shall be further conditioned on the payment of any and all judgments up to the limits of such policy.
Any license issued hereunder is issued solely as a revocable license, which shall be subject to revocation or suspension by the Borough Clerk for failure of any licensee to comply with this article or for a 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 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 complying with the Sign Ordinance of the Fort Lee Borough Code. Outdoor umbrellas located in the outdoor cafe shall not be exempt from the Sign Ordinance of the Borough of Fort Lee.
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 any other safety issue which the borough determines adversely affects the borough because of such operation. The license may also be suspended or revoked on 10 days' written notice, in the event 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 Clerk, 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, 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.
[Amended 12-18-2003 by Ord. No. 2003-42]
Outdoor cafes shall be permitted to operate from Mach 1 to December 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, curb or sidewalk, or property of the Borough of Fort Lee 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 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 same no later than 11:30 p.m.
Table service is required.
[Added 3-12-2015 by Ord. No. 2015-8]
"Smoking" shall mean the burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco or any other matter that can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic smoking device.
Smoking shall be prohibited in all outdoor restaurants and cafes as defined herein. No-smoking signs or the international no-smoking symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a diagonal red line through its cross section) shall be clearly, sufficiently and conspicuously posted at such outdoor restaurants and cafes. The signs shall be clearly visible to the public and shall contain letters or a symbol that contrast in color with the sign, indicating that smoking is prohibited therein. The sign shall also indicate that violators are subject to a fine.
Enforcement of this chapter shall be within the authority of the Police Department, Fire Department, and Health Department of the Borough of Fort Lee.
Any person who violates any provision of this chapter shall be subject to a fine of not less than $250 for the first offense, $500 for the second offense and $1,000 for each subsequent offense.