[HISTORY: Adopted by the City Council of the City of Paterson 9-27-2005
by Ord. No. 05-066. Amendments noted where applicable.]
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
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 for on-site consumption.
That area of the public right-of-way reserved for pedestrian traffic
from the curb to the front line of the building housing a proposed or existing
outdoor cafe.
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 City
of Paterson unless such person shall hold a currently valid license issued
pursuant to the terms of this chapter.
No license shall be issued hereunder unless the licensee meets the following
conditions:
A.
The licensee must have existing approved indoor seating
for a minimum of 20 persons (five tables of four persons or equivalent), and
the total combined indoor and outdoor seating shall not exceed the maximum
number of indoor seating allowed by state and local regulation.
B.
The licensee shall demonstrate that a minimum of five
feet of unobstructed paved surface will be available for pedestrian traffic
around or through such outdoor cafe and that such outdoor cafe is contiguous
to an eating establishment as hereinabove defined.
C.
Outdoor seating may not displace parking spaces required
by building and zoning regulations.
D.
No food or drinks served at such outdoor cafe shall be
prepared other than in the interior of the eating establishment.
E.
The licensee shall demonstrate adequate controls to prevent
vermin entrance into the interior of the food establishment, such as air curtains
and pass-through windows.
F.
Tables and chairs must be removed from the public sidewalks
when the establishment is not open for business.
A.
Application for the license required hereunder shall
be made to the Health Officer and shall be signed by the applicant. The application
shall contain the following information:
(1)
The name, residence address and telephone number of each
individual, owner, partner or, if a domestic corporation or limited liability
company (LLC), the names, residence addresses and telephone numbers of the
members, directors and officers owning a ten-percent or greater interest in
the corporation or LLC and the chief operating executive of the corporation
or LLC 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.
(2)
A copy of the trade, corporate, business or fictitious
name upon which the applicant intends to do business pursuant to this chapter.
(3)
The address and description of each place where the applicant
intends to establish or operate an outdoor cafe.
(4)
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.
(5)
Three sets of proposed layout plans containing scaled
drawings clearly illustrating the number, type of material, 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 may,
if appropriate, 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. 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.
B.
The application fee and annual license fee shall be $100.
C.
Licenses shall expire annually on March 1.
The Health Officer in conjunction with the Department of Community Development
will review the application for completeness and compliance with the terms
of this chapter. If the application is complete, the Health Officer 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 Health Officer 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 chapter.
If the application complies with the chapter, the Health Officer shall
issue a license strictly subject to the terms and conditions of this chapter.
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 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 City to inspect
the outdoor cafe for continued compliance with the terms and conditions of
this chapter.
A.
No license required by this chapter shall be granted
to any person to operate an outdoor cafe until such person shall have filed
with the Health Officer a statement agreeing to indemnify and hold harmless
the City of Paterson, its agents, servants, representatives or employees from
any or all claims, damages, judgment costs or expenses, including attorneys
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.
B.
Insurance requirements.
(1)
Liability insurance requirement. No license required
by this chapter shall be granted to any person to operate an outdoor cafe
until such person shall have first filed with the Health Officer 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 amounts specified. Such insurance policy
shall name the City of Paterson, 155 Market Street, Paterson, New Jersey 07505,
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:
(2)
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 Health Officer shall contain a clause
obligating the company issuing the same to give not less than 30 days'
written notice to the City 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 section is filed with the Health Officer and a letter confirming in
writing the new effective date of the license is issued by the Health Officer.
(3)
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 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.
A.
Any license issued hereunder is issued solely as a revocable
license, which shall be subject to revocation or suspension by the Business
Administrator 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 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.
B.
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
generated by the cafe. Areas must be cleaned 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 or umbrellas complying with the Zoning and/or Sign Ordinances
of the City of Paterson.
In addition to the powers of suspension or revocation as set forth above,
the City reserves the right to modify, suspend or revoke any license on 10
days' written notice if the City 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 City determines adversely affects
the City because of such operation. The license may also be suspended or revoked
on 10 days' written notice in the event the City 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 Business Administrator, the license may be suspended or revoked
without notice. Any appeal of the revocation of a license shall be heard by
the Business Administrator.
If the applicant is the holder of an alcoholic beverage control license
pursuant to 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.
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, or
other fixtures, curb or sidewalk, 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 to the City the right to remove any property on
the sidewalk, and the licensee agrees to reimburse the City for the cost of
removing and storing the same.
The licensee shall not direct 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.
Table service is required.
