[Adopted 7-6-2004]
Permission may be granted temporarily to any person, firm, corporation
or organization with frontage on Park Avenue from Jefferson Street
to 46th Street and currently licensed to operate an indoor food business
to maintain an outdoor dining area.
A.Â
The outdoor dining area must be located directly in front of the
eating establishment, cordoned off from the remaining sidewalk area
devoted to pedestrian traffic, and well-illuminated. The term "directly
in front of" confines the dining area to the area represented by an
exterior of each side of the store occupied by the eating establishment
projected directly to the curbline immediately in front thereof.
B.Â
A minimum of eight feet of paved surface must be available for pedestrian
traffic adjacent to the outdoor dining area.
C.Â
The entrance doors of the eating establishment and those of adjacent
premises must not be obstructed in any manner.
D.Â
A rough sketch shall be submitted to the Construction Official illustrating
the items in A through C as specified above with respect to the subject
property.
E.Â
The preparation of food or drink must be performed within the interior
of the eating establishment.
F.Â
No food or drink may be stored within the outdoor dining area.
G.Â
Tables within the outdoor dining area shall be no larger than two
feet in diameter with no more than two chairs per table. The minimum
allowable space for each table and chair placement shall be six feet
and shall be placed adjacent to the exterior front wall of the establishment.
Only a single row of tables and chairs is permitted. Neither tables
nor chairs shall be attached or chained to any tree, post, sign, curb,
sidewalk or property within or near the eating establishment.
H.Â
No outdoor dining area shall be open for business prior to 9:00 a.m.
nor remain open for business at 9:00 p.m., Monday through Sunday.
I.Â
The outdoor dining area and adjacent sidewalks and streets must be
kept free and clear of debris and litter. Areas must be cleaned as
needed and at the time that business is closed.
J.Â
An eating establishment licensed to sell alcoholic beverages may
not, pursuant to this article, serve alcoholic beverages in the outdoor
area. In addition, no eating establishment may permit alcoholic beverages
to be brought onto the premises by any patron to be consumed in the
outdoor dining area.
K.Â
It is unlawful for any eating establishment to conduct outdoor dining
without first obtaining a permit from the City.
L.Â
Upon the expiration of a permit for outdoor dining, all tables, chairs
and other equipment used for outdoor dining shall be completely removed
from the sidewalk.
A.Â
An eating establishment is required to submit a completed application
for an outdoor dining permit at least 10 days prior to the time that
the applicant desires to serve food outdoors. Outdoor dining is not
permitted without the written approval of the Construction Official.
If the application is complete, the Construction Official will act
upon the same within 10 days after the application becomes complete.
If the application is not complete, the Construction Official will
notify the applicant within 10 business days by specifying the open
items which render the application incomplete. The Construction Official
shall issue a permit that fully complies with the provisions of this
article. The Construction Official shall deny a permit wherever the
application is incomplete or fails to comply with this article.
B.Â
The foregoing permit application shall be accompanied by a nonrefundable application fee as set forth in Chapter 155, Fees.
[Amended 5-21-2013]
C.Â
An eating establishment shall be required to sign the City of Union
City's hold harmless and indemnity agreement. It must also furnish
a suitable certificate of insurance issued through an acceptable insurer
specifying the City of Union City as an additional insured and providing
general liability, bodily injury and property damage coverage with
minimum limits of liability not less than $1,000,000 per occurrence.
It is understood and agreed that the required amount of $1,000,000
insurance coverage per occurrence will be for short-term purposes
only running from May 24, 2004, to October 31, 2004. An executed hold
harmless and indemnity agreement and certificate of insurance shall
be submitted no later than 10 days after the issuance to the applicant
of an outdoor dining permit.
D.Â
Nothing herein contained shall be construed to override, weaken or
in any way diminish existing ordinances, resolutions, rules or regulations,
including but not limited to those of the Alcoholic Beverage Control
Commission, Zoning and/or Planning Boards, nor is it intended herein
to alter or diminish their jurisdiction.
A.Â
The Construction Official and the Police Department shall have the
power and authority to enforce this article.
B.Â
The City of Union City, through the office of the Construction Official,
reserves the right to revoke the privilege of outdoor dining for any
licensed eating establishment which, upon the expiration of 10 days
after receipt of notice from the Construction Official of a violation
of state law or any of the requirements set forth in this article,
fails to cure the violation.
C.Â
The City of Union City expressly reserves the right to require the
removal of an outdoor dining area on an individual basis or as a permitted
use along the entire section of Park Avenue, if for any reason, the
best interests of the neighborhood or community are determined to
be at risk.
D.Â
Nothing herein contained shall be construed to override, weaken or
in any way diminish existing ordinances, resolutions, rules or regulations,
including but not limited to those of the Alcoholic Beverage Control
Commission, Zoning and/or Planning Boards, nor is it intended herein
to alter or diminish their jurisdiction.
