[HISTORY: Adopted by the Mayor and Council of the Borough
of Palisades Park 3-22-2016 by Ord. No. 2016-3. Amendments noted where applicable.]
The purpose of this chapter is to establish a procedure and
authorize rules and regulations thereunder for the licensing of outdoor
cafes in the business, commercial and industrial zones of the Borough
of Palisades Park specially located on Broad Avenue, East Columbia
Avenue and Commercial Avenue.
For the purpose of this chapter, the following words shall have
the meanings respectively ascribed in this section:
Any eating establishment where food and other refreshments
are served or consumed outside the interior of the eating establishment
on private property or upon the public right-of-way, namely, the sidewalks
immediately in front of any restaurant, cafe, cafeteria or place of
business where food and/or other refreshments are served or consumed
or whether permitted on private property pursuant to the Borough's
Land Use and Development Ordinance.[1]
That 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 Palisades Park or on private
property, unless such person shall hold a currently valid license
issued pursuant to the terms of this chapter. The fee shall be $250
annually for the issuance of a license to operate an outdoor cafe
in the Borough of Palisades Park.
In addition to securing a license a person may be required to
secure informal site plan approval from the Planning Board or the
Building Official. Such informal site plan approval will be the determination
of the Building Official and /or the Borough Administrator.
A.
When located within the public right-of-way, outdoor cafes shall
only be located on the public sidewalk directly in front of the eating
establishment to which the outdoor cafe is accessory. For purposes
of administering this provision, the term "directly in front of" shall
be construed to mean 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 thereof. Such cafes shall be
required to maintain an unobstructed impervious finished surface for
pedestrian traffic at least 60 inches wide, located on the public
sidewalk, around or through such outdoor cafe.
B.
When located on private property, outdoor cafes may be located in front of, on the side of and/or to the rear of the eating establishment to which the outdoor cafe is accessory so long as they are located in the areas as defined previously in this chapter. Such cafes shall be located on the property containing the eating establishment and/or within the public right-of-way as permitted by Subsection A above. In the case of outdoor cafes that are located on properties containing multiple tenants, such cafes shall not be permitted to be located in front of, on the side of and/or to the rear of any other establishment on the same property unless both the property owner and other tenant(s) give their consent in writing prior to the issuance of the license for the outdoor cafe. Such consent shall be valid only for the term specified in the consent or for the term of the license, whichever is less, and such consent shall be required to be renewed prior to renewal of the license. Such cafes shall be required to maintain an unobstructed impervious finished surface for pedestrian traffic at least 60 inches wide around or through such outdoor cafe.
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 or partner, or if a domestic corporation, the names, residence
addresses and telephone numbers of the directors and officers owning
a ten-percent 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 the applicant intends to do business pursuant to this chapter.
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. 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 not more
than three feet. Awnings or outdoor umbrellas extending over the enclosure
are permitted so long as the minimum height to the underside of the
umbrella or awning is 72 inches. The scaled drawings shall also illustrate
the following:
(1)
The location of any doors leading from the eating establishment to
the outdoor cafe. No such doors may be obstructed in any manner.
(2)
The number of feet and location of unobstructed space permitting
free passage of pedestrian traffic around or through each outdoor
cafe.
(3)
The location of the place where any food or drink is intended to
be prepared.
(4)
An illustration of the enclosure or protective barrier separating
the eating and serving area of each outdoor cafe from pedestrian traffic.
(5)
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.
(6)
The type and location of any proposed outdoor lighting and fixtures.
(8)
Seating capacity of the existing restaurant and the proposed outdoor
dining area and compliance of the restaurant with the parking requirements
of the Borough.
F.
The annual application fee shall be $250.
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 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 the article, the Construction
Code Official shall issue a license strictly subject to the terms
and conditions of this article.
In computing the number of off-street parking spaces required
for restaurants with an outdoor dining area, the outdoor dining area
and its seating capacity shall be included and subject to the health,
building and Fire Department requirements and codes as may be required
by law and ordinance. However, where such outdoor seating represents
a relocation of indoor seating such that there will be no increase
in the overall seating capacity of the restaurant, such areas shall
not be included.
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 new application and a new license in conformance
with all of the requirements of this chapter.
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 chapter and any federal, state, county
or local law, article or regulation affecting the 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 Palisades Park, 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
coverages set forth below in the amount so specified. Such insurance
policy shall name the Borough of Palisades Park, 275 Broad Avenue,
Palisades Park, New Jersey 07650, its agents, officers, servants,
representatives and employees as additional insured with respect to
the operation and maintenance of the outdoor cafe in the following
amounts:
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 affect of suspending the license of such person to operate
the outdoor cafe covered thereby until a new policy complying the
provisions of this section 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 for the insured shall not
be affected by the insolvency or the bankruptcy of the insured, and
that until the policy is cancelled, 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 for 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
Construction Code Official for failure of any licensee to comply with
this chapter or for 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.
It shall be unlawful for any person to operate an outdoor cafe
after the suspension or termination of the applicable license. Violators
shall be subject to fines of up to $1,000.
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, not later than 9:00 a.m. Sidewalks shall be washed and
maintained daily and kept free of all debris. All foreign substances
shall be removed from the sidewalk surface. No menu-type podiums or
advertisements boards and/or any reception-type stands shall be permitted
to be placed on the sidewalk.
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
Borough of Palisades Park.[1] Outdoor umbrellas located in the outdoor cafe shall be
exempt from the Sign Ordinance of the Borough of Palisades Park.
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 24 hours' written notice if the Borough
determines that pedestrian traffic is, in fact, impeded, 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 that 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 alcohol beverage
control license to be amended to include the premises utilized for
outdoor cafe purposes in order to serve alcoholic beverages therein.
Alcoholic beverages shall not be the primary or sole item to be sold
in the outdoor cafe.
Outdoor cafes shall be permitted to operate from May 1 thru
October 20. The license, when issued, shall be valid for the calendar
year in which it is issued.
No tables, chairs, benches 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 Palisades
Park within or near the licensed area. All outdoor items must be removed
daily at the close of business or no later than 11:30 p.m.
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 cafe any bell, chime, siren,
whistle, loudspeaker, public address system, radio, sound amplifier
or similar device.
No outdoor cafe shall be open for business prior to 8:00 a.m.
nor remain open for business after 11:00 p.m. All persons occupying
the outdoor cafe shall vacate the same no later than 11:00 p.m.
No food or drinks served or consumed at outdoor cafes located
either on public or private property shall be prepared or stored other
than in the interior of the eating establishment. Table service is
required at restaurants only.
The Borough of Palisades Park shall issue a permit certificate
upon payment in full of the appropriate annual fee and compliance
by the applicant of the prerequisites set forth in this chapter. The
licensee is required to display the permit certificate prominently
in the front window, facing towards the sidewalk of the establishment.
Failure to properly display the requisite permit certificate shall
result in suspension or termination of the license by order of the
Borough Administrator.
A.
An outdoor dining facility license shall be valid only through October
20 of a given year;
B.
A new outdoor dining facility license must be obtained for each year;
C.
An outdoor dining facility license may not be transferred in any
way;
D.
The license shall be displayed in a conspicuous place on the premises
prior to the use of the outdoor dining facility.
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 contrasts
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 Palisades Park.
D.
Any person who violates any provision of this chapter shall be subject
to a fine of not less than $250 for the fast offense, $500 for the
second offense and $1,000 for each subsequent offense.
The conduct of outdoor dining pursuant to a license issued under
this section shall be subject to and inclusive of all of the following
restrictions and requirements. This provision shall not be interpreted
to limit the discretion of the Planning Board to require further conditions
as part of site plan review as reasonable and appropriate.
A.
Outdoor dining may only be in districts zoned for business, designated
by the Borough of Palisades Park Construction Code Official and/or
the appropriate authority;
B.
The outdoor dining area must be clearly defined and limited by way
of a barrier, such as fencing, landscaping, a wall or as approved
by the Planning Board;
C.
The outdoor dining area must not block, obstruct and/or inhibit pedestrian
traffic on public sidewalks. Pedestrian traffic must have a clear,
open and unobstructed access between the closest edge of the outdoor
dining tables and the curbline of the sidewalk. Such pedestrian access
shall have a minimum width of the greater of 10 feet or 1/2 of the
sidewalk's width, but no less than six feet. There shall be a
minimum of six feet between the building and the front property line
in order for the dining area to be approved;
D.
Any outdoor dining area shall have adequate buffering from adjacent
buildings or sites consisting of landscaping and/or fencing or as
approved by the Planning Board. If the outdoor dining area abuts residentially
zoned land, the outdoor dining area shall be located a minimum of
five feet from the common property line;
E.
Property owners shall not place anything in an alleyway, path, or
walkway or set up tables in such a manner as to block, obstruct, or
inhibit access to such alleyways, paths, or walkways;
F.
Outdoor dining facility owners, employers, and employees shall not
block, obstruct, or inhibit a building's entrance/egress. It
shall be unlawful to block or obstruct in any manner the clear width
of any exit's discharge passageway, as determined by the clear
width opening of the entrance/egress door(s). The exit's discharge
passageway shall proceed directly to the street;
G.
Only tables, chairs, umbrellas, and receptacles for garbage and recyclables
are permitted within the outdoor dining area;
H.
Outdoor dining facility owners, employers, and employees shall not
place any table, chair, sign, umbrella or other item in such a manner
as to block or obstruct any municipal sign receptacles for garbage
and recyclables, public hydrants, or other public amenity;
I.
Outdoor dining facility owners, employers, and employees must provide
for the disposal of garbage and recyclables. Public receptacles for
garbage shall not be used;
J.
The outdoor dining area and surrounding sidewalk and property areas
shall be kept clean from any and all litter during hours of operation;
K.
All customers must be seated in the outdoor dining area during their
patronage. Outdoor dining facility owners, employers, and employees
are prohibited from serving drivers or passengers of all vehicles;
L.
All food preparation shall be indoors in the regular kitchen area
of the retail food establishment;
M.
Any outdoor dining facility serving alcohol products in the outdoor
dining area shall be required to do so only in connection with food
service at tables. Alcohol service and/or consumption at the outdoor
dining facility is subject to further regulations more fully described
herein;
N.
All outdoor food service is subject to the regulations contained in Chapter 12 of the New Jersey Sanitary Code;
O.
There must be absolutely no offensive odor emanating from the outdoor
dining facility and/or outdoor dining area due to food preparation,
handling, spoilage, and/or litter;
P.
Outdoor dining facility owners, employers and employees are prohibited
from using public utility hookups;
Q.
All sound and video systems are prohibited within the outdoor dining
area. The licensee shall not direct or permit to be directed to or
from the outdoor dining area any bell, chime, siren, whistle. All
noise emanating from the outdoor dining area shall be kept at such
a level as to comply in all respects with the provisions of applicable
ordinances;
R.
Smoking shall be prohibited within and around the outdoor dining
area. Such areas shall be marked by a sign indicating the prohibition
of smoking;
S.
No signs of any nature shall be permitted in the outdoor dining area,
except as previously expressed;
T.
Outdoor dining may commence May 1 and may continue through October
20;
U.
Permissible hours of operation shall be from 8:00 a.m. to 11:00 p.m.;
V.
The outdoor dining areas must be cleared and washed daily by 11:30
p.m.;
W.
All Sanitary Code, alcoholic beverage requirements, and all other
laws and regulations shall apply to the outdoor seating unless specifically
excluded;
X.
The Borough of Palisades Park retains the right to temporarily suspend
an outdoor dining facility license to allow for construction activity,
utility repairs, special events, or any other appropriate reason as
determined by the governing body. Reasonable advance notice must be
given to the affected outdoor dining facility licensees.
Y.
All tables, chairs, and other materials must be removed from the
sidewalk except during hours of operation. All tables, chairs and
other materials must be kept within the areas permitted by the outdoor
dining license, and the sidewalk must be washed and/or swept daily.
Z.
If there is to be any chairs or tables placed on top of any basement
access hatches or Bilco-type doors, such doors and openings shall
be inspected and certification provided to the Building Department
with the application identifying the structural integrity of such
areas as sufficient to adequately handle the weight.
