City of Salem, NJ Chapter 148 Outdoor Sidewalk Cafes

[HISTORY: Adopted by the City Council of the City of Salem 6-18-2001 by Ord. No. 01-10. Amendments noted where applicable.]

§ 148-1 Title.

The Code of the City of Salem, adopted October 16, 1995, is hereby amended to add a new chapter, specifically Chapter 148, entitled "Outdoor Sidewalk Cafes," and providing as follows.

§ 148-2 Definitions; applications; layout plan.

A. As used in this chapter, the following terms shall have the meanings indicated.

ADJACENT BUILDING

The building whose principal facade fronts on the sidewalk where the outdoor cafe is or is proposed to be located.

OUTDOOR SIDEWALK CAFE OR CAFE

A restaurant (as defined herein) serving food to be consumed by the public at tables located within that more or less rectangular portion of the sidewalk which lies within the area bounded by the public street, the principal facade of the adjacent building and the imaginary perpendicular lines running from the outer edge of such principal facade to the public street.

PERMITTED ZONE

The RLC Zone; C-1 Zone; and the C-2 Zone all, as defined in Chapter 130 of the Code of the City of Salem entitled "Land Use" and all as shown on the Zoning Map of the City of Salem.

PERSON

Any individual, partnership, corporation association or other entity.

PRINCIPAL FACADE

That portion of the facade of a building which fronts on a public street.

RESTAURANT

An establishment actually located within the adjacent building, the primary activity of which is the preparation and serving of food for consumption by the public on its premises, whether free or for cost, and where the food to be consumed is served to seated patrons by servers employed for that purpose on utensils of a permanent and durable material designed and capable of being reused; and shall include by way of example a restaurant, hotel, coffee shop, tearoom, dining room, cafeteria, luncheonette, soda fountain, sandwich shop, and the like (other than a "fast-food establishment").

SIDEWALK

The paved surface provided for the exclusive use of pedestrians and situated between and extending from any building to the curb of any street (excluding therefrom any unpaved area).

B. Application; layout plan.

(1) The applicant shall file an application describing the layout plan and file the application in the City Clerk's office. The layout plan is to include:

(a) A description of the proposed design and location of the outdoor sidewalk cafe and all temporary structures, equipment and apparatus to be used in connection with its operation, including tables, chairs, planters, awnings, lighting and electrical outlets, if any.

(b) A statement of seating capacity of the proposed outdoor sidewalk cafe and of the existing restaurant actually operated by the applicant in the adjacent building.

(c) A diagram demonstrating that pedestrian traffic along the sidewalk upon which the outdoor sidewalk cafe is proposed to be located will in no way be impeded, and that the provisions of § 148-8 shall be satisfied.

(d) A description of the proposed location of the outdoor sidewalk cafe showing the actual dimensions of the area to be utilized and the building, street and sidewalk upon which it fronts and on which it is to be located, including the area of frontage and distance from the facade to the curb.

(2) The layout plan shall be referred to the Construction Official, or other appropriate official designated by the Mayor and Common Council from time to time, to review such plans, who shall thereupon recommend approval, disapproval or modification of the layout plan within 10 business days following its submission to the city. The City Clerk shall also refer the layout plan to the Chief of Police, the Fire Chief, the Health Officer, the City Engineer and the Office of Inspections and Permits for their review and recommendations for approval by the Mayor and Common Council of the City of Salem.

§ 148-3 Insurance required.

A. No outdoor sidewalk cafe license shall be issued unless the licensee shall have first filed with the City Clerk a certificate of insurance, issued by a company duly authorized to transact business under the laws of the State of New Jersey, providing for the payment of not less than $500,000 to satisfy all claims for damage by reason of bodily injuries to or the death of any person as a direct or indirect result of the operation of the outdoor 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 $10,000 to satisfy all claims for property damage occurring as a direct or indirect result of the operation of such cafe.

B. The insurance policy shall provide that the insurance company shall notify the City of Salem 10 days prior to cancellation or substantial change in coverage.

§ 148-4 Indemnification agreement required.

No outdoor sidewalk cafe license shall be issued unless the licensee shall have first executed and filed with the City Clerk an indemnification agreement pursuant to which the licensee, in further consideration of the issuance of the license, shall agree to forever defend, protect, indemnify and save harmless the City of Salem, its officers, agents and employees from and against any and all claims, causes of action, injuries, losses, damages, expenses, fees and costs arising out of or which may arise out of the licensee's operation of such outdoor sidewalk cafe.

§ 148-5 Maintenance agreement required.

A. No outdoor sidewalk cafe license shall be issued unless the licensee shall have first executed and filed with the City Clerk a maintenance agreement pursuant to which the licensee shall agree, at the option of the city, to either repair at its sole cost and expense any damage caused to the sidewalk by the operation of the cafe or to reimburse the city in full for all costs and expenses incurred by it in making any such repairs.

B. The City Clerk may require a bond to be filed by the licensee in an amount to be fixed by the city.

§ 148-6 License fee.

The fee for an outdoor sidewalk cafe license shall be $100 per season.

§ 148-7 Term of license; renewals.

All outdoor sidewalk cafe licenses shall be issued for the six-month period commencing May 1 and ending October 31 of the particular year. Licenses may be renewed annually by the filing of an application in accordance with the provision of this chapter.

§ 148-8 Rules, regulations and specifications.

An outdoor sidewalk cafe authorized and operating pursuant to this chapter shall comply with all of the following rules and regulations and such others as may be adopted from time to time by resolution of the Common Council of the City of Salem.

A. The cafe shall be operated and maintained in accordance with the layout plan as finally approved.

B. No furniture, apparatus, decoration or appurtenance used in connection with the operation of the outdoor sidewalk cafe shall be located in such a way as to impede the safe and speedy ingress or egress to or from any building or structure.

C. No furniture, apparatus, decoration or appurtenance used in connection with the operation of the outdoor sidewalk cafe shall be located in such a way that less than three feet of paved sidewalk remains for the exclusive use of pedestrians (the "required pedestrian passageway"), nor shall any such furniture, apparatus, decoration or appurtenance project or protrude into, on or above the required pedestrian passageway.

D. Service in the outdoor sidewalk cafe shall be provided by persons engaged or employed for that purpose and shall be furnished to seated patrons only.

E. The sidewalk area utilized for the cafe shall be kept clean and free of litter. Trash receptacles shall be provided as required and approved from time to time by the city.

F. Noise shall be kept at such a level as to comply in all respects with the provisions of the Code of the City of Salem.

G. Outdoor sidewalk cafes shall be permitted to operate only within the permitted zones and only from 7:00 a.m. until 11:00 p.m during the months of May to October, inclusive.

H. Within 30 minutes after the closing of the outdoor sidewalk cafe, the operator shall have all furniture, apparatus, decorations or appurtenances and any other items used in connection with the operation of such outdoor sidewalk cafe removed from the sidewalk. All such materials shall be stored in a safe and secure interior location.

I. The operation 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 State Sanitary Code") and N.J.S.A. 24:15-1 et. seq.

J. The outdoor sidewalk cafe shall be actually operated and maintained by the same person who operates and maintains the related restaurant of which the cafe is a part and an extension.

K. The operator shall comply with all other ordinances of the City of Salem.

§ 148-9 Alcoholic beverages.

A. The sidewalk area upon which an outdoor sidewalk cafe has been authorized to operate pursuant to this chapter shall constitute premises duly licensed for the sale and consumption of alcoholic beverages; provided, however, that the related restaurant of which the cafe is a part and of which it is an extension is so licensed; and provided further, however, that specific approval has been obtained from the City of Salem for the extension of the alcoholic beverage consumption license to the sidewalk area. Such approval shall be separate from, and must be obtained in addition to, the license to operate an outdoor sidewalk cafe pursuant to this chapter.

B. Patrons of an outdoor sidewalk cafe that does not have a liquor license to sell alcoholic beverages on the sidewalk area upon which the outdoor sidewalk cafe has been authorized to operate pursuant to this chapter shall not be permitted to carry onto or consume any alcoholic beverages on such sidewalk area.

§ 148-10 Notice of violation; failure to comply.

A. Upon a determination by an officer or employee of the City of Salem charged with the responsibility for enforcing the provisions of this chapter that a licensee has violated one or more of such provisions, such officer or employee shall give written notice to the licensee to correct such violation within 24 hours of the receipt of such notice by the licensee. In the event that the licensee fails or refuses to correct such violation within such period, the licensee's outdoor sidewalk cafe license shall thereupon and automatically be revoked.

B. Upon the revocation of such license, the licensee, upon written request, shall be entitled to a hearing before the Common Council of the City of Salem within 14 days of the date of its request.

§ 148-11 Violations and penalties.

[Amended 7-20-2020 by Ord. No. 20-06]

Any person violating this chapter shall, upon conviction, be subject to a fine of not less than $100 nor more than $2,000; or imprisonment in the county jail for a term not exceeding 90 days or by a period of community service not exceeding 90 days. Any person who is convicted of violating this chapter within one year of the date of a previous violation of the same chapter and who was fined for the previous violation, shall be sentenced by a court to an additional fine as a repeat offender. The additional fine imposed by a court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of the chapter, but shall be calculated separately from the fine imposed for the violation of the chapter.