Borough of Kenilworth, NJ Article III Consumption in Public

§ 57-26 General prohibition.

[Amended 7-13-1993 by Ord. No. 93-20]

No person shall consume any alcoholic beverages on any public street, highway, avenue, road or alley, at any public building, in the parking area adjacent to any licensed premises for the sale of alcoholic beverages or in any parked or moving motor vehicle, in any public park or in any other public place in the Borough of Kenilworth except as otherwise provided in § 57-30 herein.

§ 57-27 Possession of open containers.

Any person in possession of any alcoholic beverage in any open container or in any container whose original top or cover has been unscrewed or removed shall be presumed to have consumed said alcoholic beverage at the place of possession.

§ 57-28 Consumption in unlicensed premises or public place.

No person owning or operating any restaurant, dining room or other public place where food or liquid refreshments are sold or served to the general public and for which premises a license or permit authorizing the sale of alcoholic beverages for on-premises consumption has not been issued:

A. Shall permit or allow the consumption of alcoholic beverages, other than wine or a malt alcoholic beverage, in a portion of the premises which is open to the public.

B. Shall charge any admission fee or cover, corkage or service charge or advertise inside or outside of such premises that patrons may bring and consume their own wine or malt alcoholic beverages in a portion of the premises which is open to the public.

C. Shall permit or allow the consumption of wine and malt alcoholic beverages at times or by persons to whom the service or consumption of alcoholic beverages on licensed premises is prohibited by state or municipal law or regulation, N.J.S.A. 2C:33-27.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

§ 57-29 Temporary permits.

A. None of the foregoing provisions shall preclude the Division of Alcoholic Beverage Control and/or the Mayor and Council from issuing a temporary permit, not to exceed one day, authorizing the sale of alcoholic beverages for consumption on a designated premises by civic, religious or educational organizations or by any other organization pursuant to N.J.S.A. 33:1-74. The fee for a one-day permit authorizing the sale of alcoholic beverages for consumption by civic, religious or educational organizations shall be as set forth in Chapter 91, Fees and Licenses, and the fee for a one-day permit authorizing such sale by other organizations shall be as set forth in Chapter 91, Fees and Licenses.

B. No temporary permit, which requires the approval of the Mayor and Council, shall be issued unless the applicant has submitted the appropriate application form and paid the appropriate fee at least 15 days prior to the next regularly scheduled public meeting of the Mayor and Council preceding the effective date of the temporary permit. The Kenilworth Police Department shall promptly investigate and verify all information on said application form. The applicant shall comply with all other requirements of this chapter, including § 57-5.

§ 57-30 Sidewalk cafes.

[Added 7-13-1993 by Ord. No. 93-20; amended 5-24-2000 by Ord. No. 2000-14]

A. Any eating and drinking establishment, including a licensed establishment pursuant to this chapter which is located in the BD Boulevard Downtown District, may, upon application for and issuance of a permit pursuant to this section, utilize part of the sidewalk in front of its place of business for a sidewalk cafe.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

B. Operation of any sidewalk cafe shall be in accordance with this section and shall be subject to supervision and enforcement by the officers of the Borough Board of Health and Police Department.

C. Application for such permit shall be made to and such permits shall be granted by the Borough Clerk. The application shall be accompanied by a schematic diagram, showing the following:

(1) A description of the proposed design, seating capacity and location of the sidewalk cafe, its dimensions and all temporary structures, equipment, and apparatus to be used in connection with its operation, including tables, temporary fences and barriers, planters, serving carts, chairs, awnings, umbrellas, lighting, electrical outlets, if any, and fire hydrant connections; and

(2) A diagram demonstrating that pedestrian traffic along the sidewalk on which the sidewalk cafe is proposed to be located will in no way be impeded. The diagram shall be referred to the Construction Official, who shall thereupon recommend approval, disapproval or modification of the diagram within 10 business days following the submission.

D. A permit shall be granted only if the proposed sidewalk cafe conforms to the following:

(1) The schematic diagram shall be approved by the Construction Official.

(2) The cafe shall be confined to the area directly in front of the existing eating and drinking establishment. Tables may not be placed between a sidewalk and the curb.

(3) Any cafe shall not interfere with access to the building entrance or exit, any basement entrance or any fire hydrant, bus stop or public alleyway or other public facility.

(4) A minimum of six paved feet of pedestrian usable unobstructed sidewalk must remain open for pedestrian traffic.

(5) Applicants shall be required to submit proof of liability insurance for the proposed sidewalk cafe, naming the Borough of Kenilworth and Kenilworth Board of Health as an additional insured, with minimum limits of liability of not less than $1,000,000 for all claims for bodily injury or death of any person as a direct or indirect result of the operation of the sidewalk cafe, or for injury to any person occurring on the premises occupied by such cafe, and further providing for the payment of not less than $50,000 to satisfy claims for property damage as a direct or indirect result of the operation of such cafe.

(6) No permit shall be issued unless the permittee shall have first executed and filed with the Borough Clerk an indemnification agreement, in the form prepared or approved by the Borough Attorney, in which the permittee shall agree, in further consideration of the issuance of the permit, to forever defend, protect, indemnify and save harmless the Borough of Kenilworth, its boards, officers, agents and employees, from and against any and all claims, causes of action, injuries, losses, damages, expenses, attorneys' fees, fees and costs arising out of or which may arise out of, or be alleged to arise out of, the permittee's operation of the sidewalk cafe, including without limitation repair or reimbursement of any and all cost and expense arising from damage to the sidewalk caused by operation of said cafe.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

E. All dishes, utensils, containers, tablecloths, napkins, cutlery and other items used in the operation or decoration of the sidewalk cafe shall be made of nondisposable and reusable materials. The furniture to be used in the operation of the sidewalk cafe shall be of durable material, such as sturdy vinyl/plastic, wrought iron or wood. The sidewalk area utilized by the cafe shall be kept clean and free of litter. Sidewalks shall be washed daily. If required by the Board of Health, trash receptacles shall be provided as specified by said Board.

F. The sidewalk cafe may operate no later than 12:00 midnight on any day, and only during operating hours of the eating and drinking establishment. No furniture or other items of the sidewalk cafe shall remain outside of the eating and drinking establishment for more than 15 minutes after 12:00 midnight or after the close of operating hours of the eating and drinking establishment, whichever is earlier.

G. Nothing contained in this section shall be construed to amend any provision of Article I or II of this chapter (Alcoholic Beverages) or to amend or change any provision of any alcoholic beverage control license. No alcoholic beverages of any kind may be possessed, served or consumed within the area of the permitted sidewalk cafe area.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

H. The sidewalk cafe permit shall be an annual permit. The annual permit fee shall be $100. Use of the premises for sidewalk cafes shall be permitted during the months of May through September, inclusive.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

I. The Borough Board of Health may establish rules and regulations pursuant to this section, which rules and regulations shall be filed with the Borough Clerk and shall be available for public inspection.

J. Any sidewalk cafe permit may be suspended or revoked by the Borough Board of Health or Borough Clerk upon a violation of any provision of this section or a determination by the Health Officer or Police Department that continued operation of the sidewalk cafe is inimical to the public health and welfare. Such suspension or revocation shall be in writing and delivered personally or mailed by certified mail to the permit holder at the address set forth in the application. Any suspension or revocation issued by an officer of the Borough Board of Health may be appealed to the Mayor and Council within 15 days of the mailing of such notice.

K. The granting of a permit under this section shall not be construed to permit any activity otherwise prohibited by these ordinances or by any other law.

L. Nothing contained in this section shall be construed to limit the Mayor and Council or State Division of Alcoholic Beverage Control from regulating and enforcing the laws pertaining to the sale and/or consumption of alcoholic beverages within the Borough of Kenilworth and providing penalties for the violation thereof.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]