[Added 7-11-2006 by Ord. No. 2006-9]
The application for 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 domestic corporation, the names, addresses and telephone numbers of the directors and officers owning a ten-percent or greater interest in the corporation; and if a nondomestic corporation, the name, 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, corporation, 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 an outdoor café.
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, in writing.
Three sets of proposed layout plans containing scaled drawings clearly illustrating the number, types of materials, color and location of all tables, chairs, or other furnishings or fixtures intended to be located in the outdoor café and the present location of tables within the restaurant. The perimeter of the outdoor café shall be defined and may be set off by a portable-type enclosure, which may include live planting. The enclosure shall define the perimeter of the area to be used as an outdoor café, and it shall be separate from 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. The scaled drawings shall also illustrate the following:
The location of any doors leading from the eating establishment to the outdoor café. No such doors may be obstructed in any matter.
The width, expressed in feet, and location of unobstructed passageways permitting free passage or flow of pedestrian traffic around or through each outdoor café must be provided.
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 café 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 fee for this license shall be $200 payable with the license application.
The Construction Code Official will review the application for completeness and compliance with the terms of this chapter. 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 is complete unless the application is referred to a reviewing agency pursuant to § 75-22 of this article. Such a referral shall toll the time limits the Construction Code Official has to act until a final determination is made by the reviewing agency. If the application is not complete, the Construction Code Official will also notify the applicant within 10 business days of the submissions 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. If the Construction Code Official determines that the application does not comply with the regulations set forth in Chapter 87 and Chapter 101, the Construction Code Official shall refer the application to the Planning Board for site plan review. The Planning Board shall review all such applications, unless variances are required or requested pursuant to N.J.S.A. 40:55D-70d, in which case the application shall be referred to the Zoning Board of Adjustment for review and decision.
Any license issued hereunder is issued solely as a revocable license, which shall be subject to revocation or suspension by the Mayor and Council for failure of any licensee to comply with this article or for any 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.
Suspension or termination of license. It shall be unlawful for any person to operate an outdoor café after the suspension or termination of the applicable license.
No vending machines of any kind are permitted on the exterior of any building operating an outdoor café.
In addition to the power 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 café 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 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 alcoholic beverage control license to be amended to include the premises utilized for outdoor café 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, benches or other equipment used in the outdoor café shall be attached, chained or in any matter affixed to any tree, post, sign, curb or sidewalk or property of the Borough of Park Ridge 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 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 café any bell, chime, siren, whistle, loudspeaker, public address system, radio, sound amplifier or similar device.
No outdoor café shall be open for business prior to 7:00 a.m. nor remain open for business after 11:00 p.m. All persons occupying the outdoor café shall vacate the same no later than 11:30 p.m.