[HISTORY: Adopted by the Mayor and Council of the Borough of Highland Park by Ord. No. 1212 (§ 4-17 of the 1987 Code). Amendments noted where applicable.]
The Borough Council finds and determines as follows:
Various Borough business and civic organizations have requested and proposed the use of portions of public sidewalks for displays, commercial ventures, fairs, arts, crafts and public entertainment as a means of enhancing the business district and the economic vitality of the Borough;
The Borough Council desires to support and encourage appropriate "Life on the Street" activities which bring together residents of the Borough in various settings to enjoy a better quality of life;
The Borough Council desires to support and encourage appropriate activities which bring together members of the commercial and business district in various settings to enhance the economy of the Borough;
The Borough Council has consulted with MAIN-STREET, Highland Park, Inc. and the Cooperative Business Association of Highland Park over the use of public sidewalks as outdoor sidewalk cafes, and as a result, this chapter has been formulated and adopted in order to encourage and promote the quality of life in the Borough along with some economic development;
The temporary use of Borough sidewalks can most appropriately be accomplished by reasonable standing regulations and by the issuance of annual permits.
A person or corporation desiring to use any portion of the public sidewalk for the placement of chairs and tables and/or the serving of food or beverages in districts in which sidewalk cafes are permitted pursuant to Chapter 230, Land Development, shall apply for a sidewalk cafe permit to the Borough Clerk in accordance with the regulations hereinafter established.
All permits shall be issued upon the following terms and conditions:
Permits shall be renewed annually;
Permits shall be for specific hours and may be authorized for all or part of the hours from 7:30 a.m. to 11:00 p.m. daily including Sunday;
No permanent furniture or other items of personal property may be attached or affixed to the sidewalk or curb;
Clear, straight and unobstructed passage for pedestrians at least five feet in width shall be maintained at all times;
Every permittee shall submit to the Borough Clerk at the time of obtaining any permit approved under this chapter an insurance policy for general liability in the amount of $500,000 naming the Borough of Highland Park, its officers, agents and employees as additional insureds;
Every application for permit or amended permit shall be accompanied by a sketch showing the measurements of the area where tables, chairs, umbrellas and any proposed trash receptacles will be located. The sketch shall show the location of tandem parking places in the adjoining street or streets. Such sketch shall be submitted to the Borough Clerk and referred to the Zoning Officer for review and approval prior to issuance of any permit. The Zoning Officer shall approve or deny the sketch within 10 working days;
All furniture and umbrellas shall be of lawn, cafe or similar type and shall be constructed of plastic, wood or wrought iron. Tables shall not exceed 36 inches in length, width or diameter;
Furniture and equipment shall be removed from sidewalk areas and stored inside during the period October 15 through April 15. Furniture and equipment may be left outside while the sidewalk cafe is in continuous operation during the period April 15 through October 15. When a cafe ceases operation for a period of five days, all furniture and equipment shall be removed from sidewalk areas and stored inside;
No permit shall authorize the serving of food or beverages on any sidewalk except in accordance with a general business license issued by the Borough Clerk and a permit issued by the Board of Health pursuant to Chapter 2 of the State Sanitary Code and the Board of Health Food Handlers' Ordinance;
Editor's Note: The Board of Health Food Handlers' Ordinance is on file in the Board of Health offices.
No permit shall authorize the serving of alcoholic beverages except pursuant to a license issued by the appropriate licensing authority specifically describing the sidewalk area as a part of the licensed premises;
All permits are issued on condition that the use of the sidewalk shall immediately be terminated pursuant to an order of the Senior Police or Fire Official present when necessary, in the opinion of such official, to respond to the needs of law enforcement or fire suppression;
Every permittee will be responsible for maintaining furniture and equipment in good repair and for maintaining cleanliness of any sidewalk areas used by them, along with adjacent curb and sidewalk areas.
The annual fee for a sidewalk cafe permit is $50, which shall be paid to the Borough Clerk at the time of application and is not refundable. There shall be no fee for an amended permit in the same year for which a permit was issued previously.
No person or corporation shall use a sidewalk for the purpose of placing or installing any table, chair or umbrella within such sidewalk or for the serving of food and/or beverages except in accordance with a sidewalk cafe permit issued pursuant to this chapter. Violations of this chapter or of any sidewalk cafe permit authorized hereunder shall be punishable by a fine as provided in Chapter 1, General Provisions, Article III, General Penalty. Upon conviction of a third offense in any license year, the permit shall be revoked and may not be reissued during that year.