[HISTORY: Adopted by the Mayor and Council of the Borough
of Dunellen 3-19-2012 by Ord. No.
2012-04. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meaning indicated:
Any tree, trash receptacle, street curb, parking meter, newspaper
box, street sign or basement entry hatch lying within the area of
the sidewalk café.
The Redevelopment Zone as defined in the Dunellen Downtown
Redevelopment Plan and as shown on the Zoning Map of the Borough of
Dunellen.
Any individual, partnership, corporation, limited liability
company, association, or other entity.
The building whose principal façade fronts on the
sidewalk where the sidewalk café is, or is proposed to be located.
The "principal façade" shall be the face of the principal building
facing the street right-of-way.
An establishment actually located within the principal building,
the primary activity of which is the preparation of food for consumption
by the public on its premises.
All dishes, utensils, containers, tablecloths, napkins, cutlery
and other items used in the operation or decoration of the sidewalk
café.
The paved surface provided for the exclusive use of pedestrians
and situated between and extending from any building line to the curb
of any street (excluding there from any unpaved area).
A restaurant as defined herein which also is characterized
by the following:
The consumption of food 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 façade,
and the imaginary perpendicular lines running from the outer edge
of such principal façade to the public street; and
Containing readily removable tables, chairs, temporary railings
and/or planters; and
Unenclosed by fixed walls or ceilings, fences, except for retractable
awnings, removable barriers, umbrellas or other nonpermanent enclosures.
No person shall operate a sidewalk café within the Borough
of Dunellen without first obtaining a sidewalk café license
and satisfying all the requirements of this chapter. The license shall
be initially issued by the Borough Council and may contain conditions.
All renewals of a sidewalk café license issued shall also be
issued by the Borough Council.
A.
Each applicant for a sidewalk café license shall submit and
file an application with the Borough Administrator, together with
three copies of a development plan (as defined below), and the appropriate
fee. The application shall set forth:
(1)
The name and address of the applicant;
(2)
The name and address of the owner of the principal building (if other
than the applicant); and
(3)
The name and address of the person who has prepared the development
plan; and shall be accompanied by the written authorization and approval
of the owner of the principal building (if other than the applicant).
B.
The term "development plan" shall mean a written plan setting forth
the following information and such other additional information, if
any, as may be subsequently requested by the Borough:
(1)
A description of the principal building and a description of all
properties immediately adjacent to such building; and
(2)
A description of the proposed design and location of the sidewalk
café, its dimensions and all temporary structures, equipment,
and apparatus to be used in connection with its operation, including
tables, temporary fences and barriers, planters, serving carts, chairs,
awning, umbrellas (including any name to be displayed thereon), lighting
and electrical outlets (if any); and
(3)
A statement of the seating capacity of the proposed sidewalk café
and of the eating restaurant actually operated by the applicant in
the principal building; and
(4)
A diagram demonstrating that pedestrian traffic along the sidewalk on which the sidewalk café is proposed to be located will in no way be impeded; and that the provisions of § 237-8 be satisfied. Such diagram shall also include a drawing of the sidewalk café itself with all appurtenances and shall show all obstructions located within the area of the sidewalk café. The diagram shall be drawn to scale and shall include all dimensions of any and all items located or proposed to be located within the area of the sidewalk café.
C.
The development
plan shall be referred to the Borough administration, Chief of the
Fire Department, or other appropriate official designated by the Borough
Council from time to time to review such plans, who shall thereupon
recommend approval, disapproval or modification of the plan within
10 business days following its submission. The Borough Administrator
and Fire Chief may also refer the development plan to the Chief of
Police, Zoning Officer, Construction Official, Health Officer and
the Borough Engineer, for their review and recommendation
D.
Under no circumstances shall a license be granted for the seating
of more than 30 people per outdoor dining area.
E.
In the application to be submitted, the applicant may request that
the Borough Council grant the applicant a waiver from compliance with
certain of the requirements of this chapter. The Borough Council,
however, is under no obligation to grant said waiver and any decision
made shall be left to the sole discretion of the Council.
No sidewalk café license shall be issued unless the licensee
shall have first filed with the Borough Administrator a copy of an
insurance policy or certificate of insurance, issued by a company
duly authorized to transact business under the laws of this state,
providing for the payment of not less than $1,000,000 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
sidewalk café or for injury to any person occurring on the
premises occupied by such café, 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 café and naming the Borough of Dunellen as an additional
insured. In further consideration of the issuance of a license the
licensee shall agree, at the option of the Borough, to either repair
at the licensee's sole cost and expense, any damage caused to
the sidewalk by the operation of the café, or to reimburse
the Borough in full for all costs and expenses incurred by it in making
any such repairs.
No sidewalk café license shall be issued unless the licensee
shall have first executed and filed with the Borough Administrator
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 Borough of Dunellen,
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 sidewalk café.
The fees for a sidewalk café license shall be as follows:
All sidewalk café licenses shall be issued for the seven-month period commencing April 1 and ending October 31 of a particular year. Licenses may be renewed annually by the filing of an application in accordance with the provisions of § 237-3.
A sidewalk café authorized and operating pursuant to
this chapter shall comply with all of the following regulations and
specifications and such others as may be adopted from time to time
by resolution of the Borough Council of the Borough of Dunellen:
A.
The café shall be operated and maintained in accordance with
the development plan as finally approved.
B.
No furniture, apparatus, decoration or appurtenance used in connection
with the operation of the sidewalk café shall be placed within
50 feet of any fire hydrant, plug or standpipe without the specific
written authorization of the Chief of the Fire Department; and
C.
No furniture, apparatus, decoration, or appurtenance used in connection
with the operation of the sidewalk café shall be located in
such a way as to impede the safe and speedy ingress and egress to
or from any building or structure. At least six feet of unobstructed
walkway shall be provided for access from any door or opening on the
business façade to the street.
D.
No furniture, apparatus, decoration or appurtenance used in connection
with the operation of the sidewalk café shall be located in
such a way that less than six feet of paved sidewalk unobstructed
by any obstructions 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. All sidewalk cafés shall
have portable barriers or planters not less than three feet nor more
than four feet in height which shall be placed around the sidewalk
café area on the sidewalk to define the café area and
the unobstructed pedestrian passageway area.
E.
Service items shall be made of nondisposable and reusable materials;
provided, however, that upon a showing of need by the applicant and
of adequate provision of outdoor waste receptacles for the disposal
of disposable and nonreusable materials, a sidewalk café licensee
may provide for the use of disposable and nonreusable service items.
The furniture to be used in the operation of the sidewalk café
shall be made of durable material, such as sturdy vinyl/plastic, wrought
iron or wood. Tables shall have a diameter not larger than 24 inches.
F.
The sidewalk area utilized by the café shall be kept clean
and free of litter. Sidewalks shall be washed daily and trash receptacles
shall be provided as required and approved from time to time by the
Borough.
G.
Noise shall be kept at such a level as to comply in all respects
with the provisions of the Union County Noise Control Ordinance.
H.
Sidewalk cafés shall be permitted to operate only within the
permitted zone and only from 7:00 a.m. until 10:00 p.m. during the
months of April through October inclusive.
I.
Within 30 minutes after the closing of the café, the operator
shall have all furniture, apparatus, decorations, barriers, planters
and appurtenances and any other items used in connection with the
operation of such café removed from the sidewalk. All such
materials shall be stored in a safe and secure interior location.
J.
The operator 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.
K.
The café shall be actually operated and maintained by the
same person who operates and maintains the related restaurant of which
the café is a part and an extension.
L.
The operator shall comply with all other ordinances of the Borough
of Dunellen.
M.
Notwithstanding anything to the contrary in this chapter or any other
laws and ordinances of the Borough but subject to the review and approval
of the Borough Council, a person may be permitted to display the name
of the establishment operating the café on umbrellas to be
used at the café.
N.
No alcohol beverages are permitted to be served or consumed in outdoor
dining.
O.
No smoking is permitted in outdoor dining area.
Notwithstanding anything to the contrary contained in this chapter
or any other laws and ordinances of the Borough of Dunellen, the Borough
may temporarily suspend a sidewalk café license in the event
of emergency or for other reasons or purposes, including, but not
limited to, the facilitation of Borough-sponsored events.
A.
The Property Code Enforcer of the Borough of Dunellen (or his designee)
shall be charged with the responsibility for enforcing the provisions
of this chapter. Upon a determination by the Property Code Enforcer
(or his designee) that a licensee has violated one or more of such
provisions, the Code Enforcer 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 sidewalk
café 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 Borough Council of the Borough
of Dunellen within 14 days of the date of its request. The Borough
Police may also enforce the provisions of this chapter.
Any person convicted of a violation of this chapter shall be
subject to a fine not to exceed $500 or 90 days imprisonment, or both.
Each violation of a section or subsection of this chapter, and each
day that a violation continues, shall constitute a separate offense.
