[HISTORY: Adopted by the Township Committee of the Township of Maplewood 5-16-2000 by Ord. No. 2122-00. 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 RB, HB, NB and OB Districts of the Township where food sales are permitted and within any residentially zoned property where there exists a permitted commercial use, provided that food sales are permitted.
Unless specifically defined below, words and phrases used in this chapter shall be interpreted so as to give them the meanings they have in common usage and to give this chapter its most reasonable application.
As used in this chapter, the following shall have the meanings indicated:
- OUTDOOR CAFE
- An eating establishment where food or other refreshments
are served upon the public right-of-way; namely the sidewalks immediately
in front of any restaurant, cafe or place of business where food and/or
other refreshments are served, or in a public plaza immediately adjacent
to any restaurant, cafe or place of business where food and/or other
refreshments are served, or in the case of a restaurant, cafe or place
of business where food and/or other refreshments are served located
on a corner, any sidewalk abutting the establishment but not encroaching
upon a residential area. Said outdoor area shall be considered as
part of the building structure and shall be limited in use only for
patrons of the eating establishment. No seating provided in said outdoor
cafe shall be used for the seating requirements of the Fast-Food Ordinance.[Amended 12-2-2003 by Ord. No. 2235-03]
- PUBLIC PLAZA
- That area of the public right-of-way reserved for pedestrian
traffic from the curb to the front of the building housing an eating
establishment, but excluding that portion of the public right-of-way
occupied by shade trees, fire hydrants, parking meters and utility
poles.[Amended 12-2-2003 by Ord. No. 2235-03]
It shall be unlawful for any person, firm, partnership, corporation, association or organization (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 or public plazas of the Township, or on private property, unless such person shall hold a currently valid license issued pursuant to the terms of this chapter.
[Amended 8-5-2008 by Ord. No. 2558-08]
The outdoor cafe licensee may permit the consumption of alcoholic beverages on the sidewalk area upon which an outdoor cafe has been authorized to operate as follows:
A retail food establishment that does not possess a liquor license may permit its patrons to consume only beer or wine, at the outdoor cafe, which is brought to the premises by its patrons, provided that food is ordered from the retail food establishment.
A retail food establishment possessing a plenary retail consumption license, after having the area designated as an approved outdoor cafe and having been granted a place-to-place liquor license transfer, as defined by the Alcohol Beverage Control Division, may permit the consumption of alcoholic beverages by its patrons at the outdoor cafe.
[Amended 12-2-2003 by Ord. No. 2235-03]
No license shall be issued hereunder unless the licensee shall demonstrate that a minimum of four feet of unobstructed paved surface will be available at all times for pedestrian traffic. No food or drink served at such outdoor cafe shall be prepared or stored other than in the interior of the eating establishment.
[Amended 8-5-2008 by Ord. No. 2558-08; 6-4-2014 by Ord. No. 2749-14]
Application for the license required hereunder shall be made to the Township Clerk and be signed by the applicant. The application shall be in such form and shall contain the following information:
The full name, address and telephone number of each individual, owner, partner or executive of the eating establishment.
A copy of the trade, corporate, business or fictitious name upon which the applicant intends to do business pursuant to this chapter.
The address where the applicant intends to establish or operate an outdoor cafe.
The full name and address of the person owning the property upon which the outdoor cafe is to be located, if other than the applicant, together with the owner's consent to the outdoor cafe and, if applicable, the owner's consent to the serving or permitting of alcoholic beverages at the outdoor cafe.
[Amended 5-17-2016 by Ord. No. 2811-16]
Three sets of a proposed layout plan drawn to scale (but not necessarily by a professional) of the proposed design and location of the outdoor cafe, including the location of all appurtenances, demonstrating that the pedestrian traffic will not be impeded. The drawings shall also illustrate the following:
The location of any doors leading from the eating establishment to the outdoor cafe. No such doors may be obstructed in any manner.
The number of feet permitting free passage of pedestrian traffic around or through each outdoor cafe.
A minimum of 10 square feet per seat in the outdoor café shall be required. The seating density applies to the bulk area available and excludes the area bound by the pedestrian walkway outward toward the curb.
All outdoor café licenses shall expire on December 31 of the calendar year in which the license is issued.
The Township Clerk will review the application for completeness and compliance with the terms of this chapter, other Township ordinances, state and federal statutes and that there are no arrearages in property taxes or sewer payments and that there are no health or building violations. If the application is complete, the Township Clerk will forward the application to the Zoning Officer who will act upon the same within 10 business days after the application becomes complete. If the application is not complete, the Township Clerk 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 all applicable laws, the Township Clerk shall issue a license.
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 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 Township of Maplewood to inspect the outdoor cafe for continued compliance with the terms and conditions of this chapter and any federal, state, county or local law, ordinance or regulations affecting the same.
[Amended 5-17-2016 by Ord. No. 2811-16]
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 Township Clerk a statement agreeing to indemnify and hold harmless the Township of Maplewood, 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. Said indemnification agreement shall be on the form annexed hereto. Additionally, the licensee shall agree to indemnify the Township of Maplewood for any damage sustained to the sidewalk or other property owned by the Township of Maplewood or within the right-of-way of the Township of Maplewood as a result of operation and maintenance of the outdoor cafe for which the license is issued.
Editor's Note: Said form is on file in the Township offices.
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 Township Clerk 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 Township of Maplewood, 574 Valley Street, Maplewood, New Jersey 07040, its agents, officers, servants, representatives and employees as an additional insured with respect to the operation and maintenance of the outdoor cafe in the following amounts:
Bodily injury/property damage: $1,000,000 single limit.
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 Township Clerk shall contain an endorsement for 30 days' notice of cancellation or nonrenewal stating that the Township and licensee shall receive notice, in writing, by certified mail, return receipt requested. The Township shall be named as an additional insured under the liability portion of the insurance coverage. 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 Township Clerk and a letter in writing confirming the new effective date of license is issued by the Township Clerk.
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.
Any license issued hereunder is issued solely as a revocable license, which shall be subject to revocation or suspension by the Township of Maplewood 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. It shall be considered a violation of this chapter for any person to operate an outdoor cafe after the suspension or termination of the applicable license.
In addition to the powers of suspension or revocation as set forth above, the Township of Maplewood reserves the right to modify, suspend or revoke any license on five days' written notice if the Township 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 Township of Maplewood determines adversely affects the Township because of such operation. The license may also be suspended or revoked on five days' written notice in the event the Township of Maplewood determines that it is necessary to utilize the area or any part thereof for the maintenance or installation of underground facilities. In the event of any emergency, which emergency is certified by the Township Administrator, the license may be suspended or revoked without notice.
Each licensee is responsible for keeping the area of the outdoor cafe and the adjacent walks, plazas and streets free and clear of any debris or litter occasioned by the cafe. Areas must be kept clean at all times.
The licensee shall place a trash receptacle within the area of the outdoor cafe to allow patrons to properly dispose of debris or litter. Township trash receptacles may not be used by patrons of the outdoor cafe.
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.
Within 30 minutes after the closing of the outdoor cafe, the operator shall have all furniture, apparatus, decorations and appurtenances and any other items used in connection with the operation of such outdoor cafe removed from the sidewalk. All such materials shall be stored in a safe and secure interior location.
[Amended 6-15-2004 by Ord. No. 2255-04]
An outdoor cafe shall be permitted to operate year round. However, an outdoor cafe must remove all tables, chairs, umbrellas, awnings or other equipment used in the outdoor cafe when the sidewalk adjacent to the outdoor cafe is snow or ice covered.
[Amended 6-6-2000 by Ord. No. 2123-00; 1-21-2003 by Ord. No. 2203-03]
All tables, chairs, umbrellas, awnings or other equipment used in the outdoor cafe shall be of the same style and color;
Tables, chairs or other equipment in the outdoor cafe shall not be chained or otherwise attached;
Any umbrellas or awnings used in connection with an outdoor cafe shall provide a minimum clearance of seven feet from its lowest point to the sidewalk grade;
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 day's written notice shall grant to the Township the right to remove any property on the sidewalk, and the licensee agrees to reimburse the Township of Maplewood 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 within the RB, HB, NB or OB Districts prior to 7:00 a.m. nor remain open for business after 11:00 p.m. An outdoor cafe may be open for business in any other district Monday through Thursday from 10:00 a.m. to 8:00 p.m., Friday and Saturday 10:00 a.m. to 9:00 p.m. and Sunday 11:00 a.m. to 8:00 p.m. All persons occupying the outdoor cafe shall vacate the same at the time for closing of the outdoor cafe as set forth herein.
[Amended 11-7-2012 by Ord. No. 2706-12]