[HISTORY: Derived from the Revised General
Ordinances of the Borough of Fort Lee, 1978, adopted 3-1-1979, as
indicated in article histories. Amendments noted where applicable.]
[Derived from Ch. IV, Sec. 4-22, of the 1978
Code]
The purpose of this article is to establish
a procedure and authorize rules and regulations thereunder for the
licensing of outdoor cafes in the C-1, C-2, C-3, C-4 and C-5 Zones
of the Borough of Fort Lee. The fee shall be $200 annually for the
issuance of a license to operate an outdoor cafe in Fort Lee.
For the purpose of this article, the following
words shall have the meanings respectively ascribed in this subsection:
Any eating establishment where food and other refreshments
are served upon the public right-of-way, namely the sidewalks in front
of any restaurant, cafe, cafeteria or place of business where food
and/or other refreshments are served, or where permitted on private
property pursuant to the Land Use Ordinance.
[1]Area of the public right-of-way reserved for pedestrian traffic
from the curb to the front line of the building housing an eating
establishment.
It shall be unlawful for any person, firm, partnership,
corporation, association or organization of any kind (hereinafter
collectively referred to as "person") to create, establish, operate,
maintain or otherwise be engaged in the business of conducting an
outdoor cafe upon the sidewalks of the Borough of Fort Lee, or on
private property, unless such person shall hold a currently valid
license issued pursuant to the terms of this article.
No license shall be issued hereunder unless
the licensee shall demonstrate that a minimum of four feet of unobstructed
paved surface will be available for pedestrian traffic around or through
such outdoor cafe eating establishment as hereinabove defined. No
food or drinks served at such outdoor cafe shall be prepared or stored
other than in the interior of the eating establishment. The term "in
front of" shall confine the outdoor cafe to the area represented by
an extension of each side of the store occupied by the eating establishment
projected directly to the curbline immediately in front of the store
or the front door of the store.
Application for the 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:
A.
The name, residence address and telephone number of
each individual, owner, partner or if a domestic corporation, the
names, residence addresses and telephone numbers of the directors
and officers owning 10% or greater interest in the corporation and
the chief operating executive of the corporation and if a nondomestic
corporation, the name, residence 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.
B.
A copy of the trade, corporate, business or fictitious
name upon which this applicant intends to do business pursuant to
this article.
C.
The address and description of each place where the
applicant intends to establish or operate an outdoor cafe.
D.
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.
E.
Three sets of a proposed layout plan containing scaled
drawings clearly illustrating the number, type of materials, color
and location of all tables, chairs, umbrellas or other furnishings
or fixtures intended to be located in the outdoor cafe.
(1)
The perimeter of the outdoor cafe shall be defined
and set off by a portable type enclosure, which may include live plantings.
The enclosure shall define the perimeter of the area to be used as
an outdoor cafe and shall separate it from the 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 from a height of more than three feet. Awnings or
outdoor umbrellas extending over the enclosure are permitted.
(2)
The scaled drawings shall also illustrate the following:
(a)
The location of any doors leading from the eating
establishment to the outdoor cafe. No such doors may be obstructed
in any manner.
(b)
The number of feet and location of unobstructed
space permitting free passage of pedestrian traffic around or through
each outdoor cafe.
(c)
The location of the place where any food or
drink is intended to be prepared.
(d)
An illustration of the enclosure or protective
barrier separating the eating and serving area of each outdoor cafe
from pedestrian traffic.
(e)
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.
(f)
The type and location of any proposed outdoor
lighting and fixtures.
The Construction Code Official will review the
application for completeness and compliance with the terms of this
article. If the application is complete, the Construction Code Official
will act upon the same within 10 business days after the submission
of the application or within 10 business days after the application
becomes complete. If the application is not complete, the Construction
Code Official will so notify the applicant within 10 business days
of the submission 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.
The license is personal to the applicant, and
any change or transfer of ownership of the outdoor cafe shall terminate
the license and shall require a new application and a new license
in conformance with all the requirements of this article.
Acceptance of the license by the applicant shall
operate as a consent to the health, fire, police and building officials
of the borough to inspect the outdoor cafe for continued compliance
with the terms and conditions of this article and any federal, state,
county or local law, code, ordinance or regulation affecting same.
No license required by this article shall be
granted to any person to operate an outdoor cafe until such person
shall have filed with the Construction Code Official a statement agreeing
to indemnify and hold harmless the Borough of Fort Lee, its agents,
servants, representatives or employees from any or all claims, damages,
judgment costs or expenses, including attorney's fees, which they
or any of them may incur or be required to pay because of any personal
injury, including death, or property damage suffered by any person
or persons as a result of or related in any way to the operation and
maintenance of the outdoor cafe for which the license is issued.
A.
No license required by this article shall be granted
to any person to operate an outdoor cafe until such person shall have
first filed with the Construction Code Official a comprehensive general
liability policy issued to such person by a public liability insurance
company authorized to do business in the State of New Jersey affording
the coverage set forth below in the amounts specified. Such insurance
policy shall name the Borough of Fort Lee, 309 Main Street, Fort Lee,
New Jersey 07024, its agents, officers, servants, representatives
and employees as additional insured with respect to the operation
and maintenance of the outdoor cafe in the following amount:
B.
The insurance coverage required by this section shall
at all times be maintained for the full amount. The policy of insurance
required by this section to be filed with the Construction Code Official
shall contain a clause obligating the company issuing the same to
give not less than 30 days' written notice to the Borough Clerk before
cancellation or amendments of any of the terms thereof. Notice of
cancellation shall not relieve the company issuing such policy of
liability for any injury or claim arising before the cancellation
becomes effective. The cancellation of any such policy shall have
the immediate effect of suspending the license of such person to operate
the outdoor cafe covered thereby until a new policy complying with
the provisions of this article is filed with the Construction Code
Official and a letter in writing confirming the new effective date
of the license is issued by the Construction Code Official.
Every insurance policy required hereunder shall
contain a provision for continuing liability thereunder to the full
amount thereof notwithstanding any recovery thereon, that the liability
of the insured shall not be affected by the insolvency or the bankruptcy
of the insured, and that until the policy is canceled the insurance
company will not be relieved from liability on account of nonpayment
of premium or of any act or omission by the named insured. Such policy
of insurance shall be further conditioned on the payment of any and
all judgments up to the limits of such policy.
Any license issued hereunder is issued solely
as a revocable license, which shall be subject to revocation or suspension
by the Borough Clerk for failure of any licensee to comply with this
article or for a violation of any other applicable federal, state,
county or municipal law, regulation or ordinance. 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.
It shall be unlawful for any person to operate
an outdoor cafe after the suspension or termination of the applicable
license.
Each licensee is responsible for keeping the
area of the outdoor cafe and the adjacent walks and streets free and
clear of any debris or litter occasioned by the cafe. Areas must be
cleaned as needed and at the time that business is closed and at the
beginning of each business day, but not later than 9:00 a.m.
No vending machines of any kind are permitted
on the exterior of any building operating an outdoor cafe.
No signs shall be permitted in the area of the
outdoor cafe except signs on the awnings complying with the Sign Ordinance
of the Fort Lee Borough Code.[1] Outdoor umbrellas located in the outdoor cafe shall not
be exempt from the Sign Ordinance of the Borough of Fort Lee.
In addition to the powers 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 cafe 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 Clerk, 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 alcohol
beverage control license to be amended to include the premises utilized
for outdoor cafe purposes in order to serve alcoholic beverages therein.
[Amended 12-18-2003 by Ord. No. 2003-42]
Outdoor cafes shall be permitted to operate
from Mach 1 to December 31 in any calendar year. The license, when
issued, shall be valid for one season.
No tables, chairs or other equipment used in
the outdoor cafe shall be attached, chained or in any manner affixed
to any tree, post, sign, curb or sidewalk, or property of the Borough
of Fort Lee 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
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 cafe any bell,
chime, siren, whistle, loudspeaker, public address system, radio,
sound amplifier or similar device.
No outdoor cafe shall open for business prior
to 7:00 a.m. nor remain open for business after 11:00 p.m. All persons
occupying the outdoor cafe shall vacate same no later than 11:30 p.m.
Table service is required.
[Added 3-12-2015 by Ord.
No. 2015-8]
A.
"Smoking" shall mean the burning of, inhaling from, exhaling the
smoke from, or the possession of a lighted cigar, cigarette, pipe
or any other matter or substance which contains tobacco or any other
matter that can be smoked, or the inhaling or exhaling of smoke or
vapor from an electronic smoking device.
B.
Smoking shall be prohibited in all outdoor restaurants and cafes
as defined herein. No-smoking signs or the international no-smoking
symbol (consisting of a pictorial representation of a burning cigarette
enclosed in a red circle with a diagonal red line through its cross
section) shall be clearly, sufficiently and conspicuously posted at
such outdoor restaurants and cafes. The signs shall be clearly visible
to the public and shall contain letters or a symbol that contrast
in color with the sign, indicating that smoking is prohibited therein.
The sign shall also indicate that violators are subject to a fine.
C.
Enforcement of this chapter shall be within the authority of the
Police Department, Fire Department, and Health Department of the Borough
of Fort Lee.
D.
Any person who violates any provision of this chapter shall be subject
to a fine of not less than $250 for the first offense, $500 for the
second offense and $1,000 for each subsequent offense.
