[Adopted 5-16-2000 by Ord. No. 2122-00]
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.
A.
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.
B.
OUTDOOR CAFE
PUBLIC PLAZA
As used in this chapter, the following shall have
the meanings indicated:
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]
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.
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.
B.
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:
A.
The full name, address and telephone number of each individual, owner,
partner or executive of the eating establishment.
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 where the applicant intends to establish or operate an
outdoor cafe.
D.
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]
E.
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:
(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 permitting free passage of pedestrian traffic
around or through each outdoor cafe.
(3)
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.
F.
All outdoor café licenses shall expire on December 31 of the
calendar year in which the license is issued.
G.
There shall
be an annual fee of $150 to secure an outdoor café license
which shall be payable at the time that the license is issued.
[Added 9-5-2023 by Ord. No. 3101-23]
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.[1] 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.
[1]
Editor's Note: Said form is on file in the Township offices.
A.
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:
(1)
Bodily injury/property damage: $1,000,000 single limit.
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 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.
C.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
No vending machines of any kind are permitted on the
exterior of any building operating an outdoor cafe.
D.
No signs shall be permitted in the area of the outdoor
cafe.
E.
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.
F.
All licensees participating in outdoor dining or patio dining be
and are hereby required to maintain all sidewalks in or about the
area of the outdoor dining or patio dining, including power washing
the sidewalks at the end of each outdoor dining or patio dining season.
[Added 7-16-2019 by Ord.
No. 2963-19]
[Amended 6-15-2004 by Ord. No. 2255-04; 7-16-2019 by Ord. No. 2963-19; 9-5-2023 by Ord. No. 3101-23]
An outdoor café shall be permitted to
operate year round. However, outdoor cafes must remove all tables,
chairs, umbrellas or other equipment used in the outdoor cafe when
an adjacent sidewalk is snow- or ice-covered, when a state of emergency
has been declared or as directed by the Township Office of Emergency
Management.
[Amended 6-6-2000 by Ord. No. 2123-00; 1-21-2003 by Ord. No.
2203-03; 7-16-2019 by Ord. No. 2963-19]
A.
All tables, chairs, umbrellas, or other equipment used in the outdoor
cafe shall be of the same style and color;
B.
Tables, chairs or other equipment in the outdoor cafe shall not be
chained or otherwise attached;
C.
Any umbrellas used in connection with an outdoor cafe shall provide
a minimum clearance of seven feet from its lowest point to the sidewalk
grade;
D.
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 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;
E.
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;
F.
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]
