[Adopted 9-22-2010 by Ord. No. 2382-10]
The Borough Council finds and determines as follows:
A. 
Various Borough businesses have requested and proposed the use of portions of public sidewalks for displays and commercial ventures as a means of enhancing the business district and the economic vitality of the Borough.
B. 
The Borough Council is desirous of supporting and encouraging appropriate "Life on the Street" activities which bring together residents of the Borough in various settings to enjoy a better quality of life.
C. 
The Borough Council desires to support and encourage appropriate activities which bring together members of the commercial and business district in various settings to enhance the economy of the Borough.
D. 
The Borough Council has consulted with the Urban Enterprise Zone Committee; Borough of Roselle, over the use of public sidewalks for outdoor sidewalk cafes and as a result this section has been formulated and adopted in order to encourage and promote the quality of life in the Borough and to further the interest of economic development.
E. 
The temporary use of Borough sidewalks can most appropriately be accomplished by reasonable standing regulations and by the issuance of annual permits.
F. 
The Borough Council and the Urban Enterprise Zone Committee recommend that sidewalk cafe will only be permitted in all UEZ areas of the Borough, on 1st Avenue and on Locust St.
A person or corporation desiring to use any portion of the public sidewalk in a UEZ area of the Borough, on 1st Avenue or on Locust Street for the placement of chairs and tables and/or the service of food or beverages shall apply for a sidewalk cafe permit to the Borough Clerk, Borough of Roselle, in accordance with the regulations hereinafter established.
All permits shall be issued upon the following terms and conditions.
A. 
Permits shall be renewed annually.
B. 
Permits shall be for specific hours and may be authorized for all or part of the hours from 7:30 a.m. to 11:00 p.m. Monday through Thursday, except for Friday and Saturday, when such hours shall be 7:30 a.m. to 12:00 a.m.
C. 
No permanent furniture or other items of personal property may be attached or affixed to the sidewalk curb.
D. 
No signs are authorized except those previously or hereafter approved in accordance with Borough ordinances and/or approvals of the Planning Board or Zoning Board of Adjustment
E. 
Clear, straight and unobstructed passage for pedestrians at least five feet in width between furniture, fixtures and the curb shall be maintained at all times.
F. 
Every permittee shall submit to the Borough Clerk, prior to the issuance of any such permit, an insurance policy for general liability in the amount of $500,000 naming the Borough of Roselle, its officers, agents and employees as additional insureds.
G. 
Every application for permit or amended permit shall be accompanied by a sketch showing the measurements of the area where tables, chairs, umbrellas and any proposed trash receptacles will be located. The sketch shall show the location of parking places in the adjoining street or streets. Such sketch shall be submitted to the Borough Clerk and referred to the Construction Official for review and approval prior to issuance of any permit. The Borough Construction Official shall approve or deny the sketch within 10 working days, and said sketch shall be retained by the Borough Clerk and a copy kept upon the licensed premises.
H. 
All furniture and umbrellas shall be of lawn, cafe or similar type and shall be constructed of plastic, wood or wrought iron. Tables shall not exceed 36 inches in length, width or diameter.
I. 
Furniture and equipment shall be removed from sidewalk areas and stored inside at closing time.
J. 
No permit shall authorize the serving of food or beverages on any sidewalk except in accordance with retail food handling licenses issued by the Board of Health pursuant to Chapter 12 of the State Sanitary Code, and the Code of the Borough of Roselle.
K. 
No permit shall authorize the service of alcoholic beverages except pursuant to a license issued by the appropriate licensing authority specifically describing the sidewalk area as a part of the licensed premises.
L. 
All permits are issued on condition that the use of the sidewalk shall immediately be terminated pursuant to an order of the senior police or fire official present, when in the opinion of such official, such action is necessary to respond to the needs of law enforcement or fire suppression.
M. 
Every permittee will be responsible for maintaining furniture and equipment in good repair and appearance, and for maintaining cleanliness of any sidewalk areas used by them, along with adjacent curb and sidewalk areas.
N. 
Permits may also be obtained by a business, whose primary business is the sale of fruits/flowers to display on carts directly in front of their store, on a cart, the size of which shall not exceed two feet by six feet. Said carts may be no closer than 100 feet apart. These carts must be put inside of the building at closing time.
O. 
The annual fee for a sidewalk cafe permit or fruit/flower cart is $50 which shall be paid to the Borough Clerk at the time of application and is not refundable. There shall be no fee for an amended permit in the same year for which a permit was issued previously.
No person or corporation shall use a sidewalk for the purpose of placing or installing any table, chair or umbrella within such sidewalk or for the serving of food and/or beverages except in accordance with a sidewalk cafe permit issued pursuant to this section. Violations of this section or of any sidewalk cafe permit authorized hereunder shall be punishable by a fine of up to $1,000. Upon conviction of a third offense, the permit may be revoked and may not be reissued at the discretion of the Borough.