[HISTORY: Adopted by the Borough Council of the Borough of Glen Rock as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-13-1971 by Ord. No. 763 as Ch. VII, Sec. 7-4, of the 1971 Revised General Ordinances]
[Amended 5-14-2003 by Ord. No. 1440]
All retail food establishments, including restaurants, diners and any other establishments regularly selling or serving food to the public in the Borough of Glen Rock, must obtain a retail food establishment license. Such license shall expire annually on December 31. License applications shall be submitted together with the required fee prior to February 1 of each year. Failure to obtain a license by January 31 will result in a late fee.
Nonprofit organizations. Whenever food is to be prepared at any of these facilities, a temporary permit must be obtained prior to the date of the function. To obtain this permit, the organization shall provide: date and length of function; type of food being prepared; location of preparation; approximate number of people being served. The Glen Rock Board of Health has the authority to restrict the types of food to be prepared or served.
[Amended 5-14-2003 by Ord. No. 1440]
In lieu of the requirements of Chapter 133, Licensing, the Board of Health shall investigate applicants, issue licenses and otherwise enforce the provisions of Chapter XII of the State Sanitary Code, entitled "Sanitation in Retail Food Establishments and Food and Beverage Vending Machines."
Editor's Note: See now N.J.A.C. 8:24-1.1 et seq.
[Added 4-26-1993 by Ord. No. 1209; amended 5-14-2003 by Ord. No. 1440]
As a prerequisite to obtaining an annual retail food establishment license, each owner, manager, or employee in charge of other employees serving food on each particular shift shall have current certification in either the eighteen-hour food manager's certification course or the three-hour food handler's course. The certificates of the food manager's course or the food handler's course shall be effective for three years from the date of issuance.
At least one person in each new establishment shall have taken the eighteen-hour food manager's certification course. After the initial course is successfully completed, recertification may be accomplished by completing either the eighteen-hour food manager's course or the three-hour food handler's course.
Certification shall be maintained at all times. Lapse of certification may result in a summons being issued.
If proper certifications are not current, the Glen Rock Board of Health may issue an interim retail food license until the required next available food manager's or food handler's certification courses have occurred. The fee for an interim retail food license shall be the normal fee plus a special surcharge. No part of the special surcharge shall be returned.
Any nonprofit organization which routinely prepares and serves food shall have a representative of the organization take the three-hour food handler's certification course.
Any nursery school which routinely prepares and serves food shall have a representative of the organization take the three-hour food handler's certification course.
A retail food establishment license issued by another jurisdiction is not transferrable to the Borough of Glen Rock.
[Amended 4-8-1991 by Ord. No. 1174; 11-10-1992 by Ord. No. 1204; 4-26-1993 by Ord. No. 1209; 7-26-2006 by Ord. No. 1532]
The fees for licenses under this chapter shall be as set forth in Chapter 101, Fees.
[Amended 4-26-1993 by Ord. No. 1209; 9-28-1997 by Ord. No. 1291; 5-14-2003 by Ord. No. 1440]
In addition to the grounds for revocation set forth in Chapter 133, Licensing, § 133-9, any license issued under this section may be suspended or revoked as follows:
Any retail food establishment which receives an "unsatisfactory" rating after inspection shall immediately cease from serving any food or similar product until a "satisfactory" rating has been obtained.
The owners or managers of any retail food establishment which receives two consecutive "conditionally satisfactory" ratings may be called to appear before the next meeting of the Glen Rock Board of Health to show cause why the retail food license shall not be suspended in accordance with Chapter 12 of the New Jersey Sanitary Code. In addition, the owner or manager shall be required to complete the next available eighteen-hour food manager's certification course.
[Adopted 7-26-2006 by Ord. No. 1532]
The sidewalk cafe regulations as established by this chapter are designed to permit sidewalk cafes accessory and incidental to lawfully existing dining establishments within the C-1, C-2 and C-3 Districts as established and regulated in Chapters 66, 137, 146 and 230 hereof, to be located on public property immediately adjacent to such lawfully existing dining establishments and in locations where they shall be determined to be appropriate by these regulations and all applicable related ordinances to promote and protect the public health, safety and general welfare. These general purposes shall include, among others, the following specific purposes:
To ensure that adequate space will be provided for pedestrian circulation through areas where sidewalk cafes are established and to ensure adequate access to adjoining properties and businesses.
To encourage the establishment of sidewalk cafes as one means of developing a pleasant and distinctive shopping atmosphere.
As used in this article, the following terms shall have the meanings indicated:
- 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.
- SIDEWALK CAFE
- The extension of the services of an existing restaurant preparing and serving foods for consumption within an existing building to the extent that food is permitted to be served and consumed at the tables placed on the public sidewalk adjacent to and within the confines of the frontage of that portion of the building in which the restaurant is situated. A sidewalk cafe may contain readily removable tables and chairs but shall be otherwise unenclosed by fixed walls and open to the air except for umbrellas or other nonpermanent covers provided such covers, do not interfere with pedestrian circulation.
Any person, firm or corporation may operate a sidewalk cafe within the Borough of Glen Rock in any zone in which such use is permitted on a sidewalk adjacent to an existing restaurant operated by such person, firm or corporation upon obtaining a license from the Borough Construction Code Official. Such license shall allow the operation of a cafe on any day of the year and shall be renewed annually during the month of January.
No license shall be issued hereunder unless the licensee shall demonstrate that a minimum of 48 inches of unobstructed paved surface will be available for pedestrian traffic around or through such sidewalk cafe and that such sidewalk cafe shall be directly in front of an eating establishment as hereinabove defined. No food or drinks served or consumed at such sidewalk 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 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 or partner, or if a limited liability company, the name, residence address and telephone numbers of all members and the name of the managing member, if any, 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.
A copy of the trade, corporate, business or fictitious name upon which the applicant intends to do business pursuant to this article.
The address and description of each place where the applicant intends to establish or operate a sidewalk 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 sidewalk cafe. The perimeter of the sidewalk 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 a sidewalk 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, without any form of marking or advertisement extending over the enclosure, are permitted. Sidewalk umbrellas are permitted and may also contain the name of the of the business referenced in § 116-10B above in lettering no greater than three inches in size. The scaled drawings shall also illustrate the following:
[Amended 8-26-2009 by Ord. No. 1609]
The location of any doors leading from the eating establishment to the sidewalk 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 sidewalk 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 sidewalk 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 sidewalk lighting and fixtures.
Conditions for issuance of license. Upon approval by the Borough Construction Code Official of the application and plans submitted by the applicant pursuant to this article the Borough Construction Code Official shall issue a license to the applicant, provided the applicant has furnished the following to the Borough:
An agreement signed by the applicant to repair any damage caused to the sidewalk in the operation of the cafe at the expense of the applicant. The Borough may require a bond to be filed by the applicant in an amount to be determined by the Borough to secure the repair of any damage to the sidewalk.
An agreement signed by the applicant indemnifying and holding the Borough harmless against loss, including costs and expenses, resulting from injury to person(s) or property as a direct or indirect result of the operation of the cafe or for injury to person(s) or property occurring on the premises occupied by the cafe. The applicant shall provide a certificate of insurance as evidence of the required policy to the Borough, and naming the Borough as a named insured, in the amount of not less than $1,000,000.
Rules, regulations and specifications. A cafe authorized and operated pursuant to this article shall comply with all of the following rules, regulations and specifications:
The applicant and/or operator shall fully comply with all plans submitted and approved by the Borough Construction Code Official under the terms of this article.
Closing shall be not later than 11:00 p.m.
The area of operation shall be kept clean and free of litter.
Music and any other form of entertainment is prohibited.
The operator shall maintain an area for pedestrian movement free of any obstruction a distance of five feet or greater from the curb.
The operator shall provide that tables, chairs and other materials do not interfere with the required open areas and pedestrian traffic. Chairs next to the pedestrian walkway shall be placed at a ninety-degree angle so as not to obstruct the pedestrian walkway. Where there are obstructions, such as lightposts and mailboxes, which would cause the pedestrian aisle to be less than four feet wide, the Borough Construction Code Official shall have the discretion to approve an alternate arrangement.
The operator 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 Sanitary Code, and N.J.S.A. 24:15-1 et seq.
The operator shall not serve nor allow to be present in a sidewalk cafe any person under the age of 18 years unless said person shall be accompanied by a parent, guardian or relative who has attained the age of 21 years.
The operator shall comply with all other federal, state, county or municipal laws or regulation.
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 of the submittal 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 the 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 applicant shall terminate the license and shall require a new application and a new license in conformance with all of 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 sidewalk cafe for continued compliance with the terms and conditions of this article and any federal, state, County or local law, article or regulation affecting the same.
No license required by this article shall be granted to any person to operate an sidewalk cafe until such person shall have filed with the Construction Code Official a statement agreeing to indemnify and hold harmless the Borough of Glen Rock, 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 sidewalk cafe for which the license is issued.
No license required by this article shall be granted to any person to operate a sidewalk 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 coverages set forth below in the amounts specified. Such insurance policy shall name the Borough of Glen Rock, 1 Harding Plaza, Glen Rock, New Jersey 07452, its agents, officers, servants, representatives and employees as additional insureds with respect to the operation and maintenance of the sidewalk cafe in the following amounts:
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 sidewalk cafe covered thereby until a new policy complying with the provisions of this section 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 for 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 Manager for failure of any licensee to comply with this article or for violation of any other applicable federal, state, County or municipal law, regulation or article. 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 a sidewalk cafe after the suspension or termination of the applicable license.
Each licensee is responsible for keeping the area of the sidewalk 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. Sidewalks shall be washed and kept free of all debris. All foreign substances shall be removed from the sidewalk surface.
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 sidewalk 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 five 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 Administrator, 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 sidewalk cafe purposes in order to serve alcoholic beverages therein.
No tables, chairs, benches or other equipment used in the sidewalk cafe shall be attached, chained or in any manner affixed to any tree, post, sign, curb or sidewalk or property of the Borough of Glen Rock within or near the licensed area.
No sidewalk cafe shall be open for business prior to 9:00 a.m. nor remain open for business after 11:00 p.m. All persons occupying the sidewalk cafe shall vacate the same no later than 11:30 p.m.
Table service is required at restaurants only.
The Borough of Glen Rock shall issue a permit certificate upon payment in full of the appropriate annual fee and compliance by the applicant of the prerequisites set forth in this article. The licensee is required to display the permit certificate prominently in the front window, facing towards the sidewalk of the establishment. Failure to properly display the requisite permit certificate shall result in suspension or termination of the license by order of the Borough Administrator or Construction Code Official.