ORDINANCE NO. 99-3
OUTDOOR SIDEWALK CAFES
SECTION 1. Title
The Title shall be outdoor sidewalk cafes.
SECTION 2. Purpose and Intent.
The purpose of this provision is to provide for outdoor sidewalk cafes within certain areas in the
Borough.
SECTION 3. Definitions; application; layout plan
As used in this chapter, the following terms shall have the meanings indicated:
ADJACENT BUILDING – The building whose principal façade fronts on the sidewalk where the
outdoor sidewalk café is or is proposed to be located.
OUTDOOR SIDEWALK CAFÉ OR CAFÉ – A restaurant (as defined herein) serving food to be
consumed by adult patrons seated at furniture located within that more or less rectangular portion of
the sidewalk which lies within the area bounded by the public street. The principal façade of the
adjacent building and the imaginary perpendicular lines running from the outer edge of such
principal façade to the public street.
PERMITTED ZONE – Commercial zones, mixed commercial zones and light industrial zones, all
as defined in Chapter 79-19 of the Code of the Borough of Carlstadt entitled “Zoning” and all as
shown on the zoning map of the Borough of Carlstadt.
PERSON – Any individual, partnership, corporation, association or other entity.
PRINCIPAL FAÇADE – That portion of the façade of a building which fronts on a public street.
RESTAURANT – An establishment located within the adjacent building, the primary activity of
which is the preparation and serving of food for consumption by adult patrons on its premises,
whether free or for cost and where the food to be consumed is served to adult patrons seated at
furniture by waiters or waitresses employed exclusively for that purpose on utensils of permanent
and durable material designed and capable of being reused and shall include, by way of example, a
restaurant, hotel, coffee shop, tearoom, dining room, cafeteria, luncheonette, soda fountain, sandwich
shop and the like (other than a fast food establishment as defined herein).
SIDEWALK – The paved surface provided for the exclusive use of pedestrians and situated
between and extending from any building to the curb of any street. For the purpose of this chapter,
the area normally being the area between the paved sidewalk and the curb and surface with cement,
brick or stone pavers, or any acceptable surface material other than dirt and/or vegetation is
considered to be part of the sidewalk.
FAST FOOD ESTABLISHMENT – For the purpose of this chapter, a Fast Food establishment is
defined as an establishment serving food for consumption by the public on its premises, whether free
or for cost and where said food is served to seated or standing patrons on utensils manufactured of a
non-permanent and/or nondurable material such a plastic, resin, paper or other synthetic materials
not intended or capable of reuse and said service is not by waiters or waitresses employed
exclusively for that purpose. Fast food restaurants are not permitted to be licensed under hot dog
stand, a delicatessen, a pizza parlor or other entity commonly referred to as a fast food restaurant or
establishment such as McDonalds, Burger King, Nathan’s, KFC or the like.
UTENSILS – Dinnerware, eating utensils such as knives, forks, spoons, coffee or tea cups, drinking
glasses, napkins, tablecloths and the like.
FURNITURE – Tables, chairs and servers normally associated with dining activity. Except for
table umbrellas, no establishment licensed under this chapter shall use furniture fabricated or
manufactured with materials containing more than 25% of synthetic content such as plastic or resin.
Lawn furniture or the like will not be permitted.
ADULT PATRON – A member of the general public aged 18 years old or older. Except when
accompanied by an adult patron, no member of the general public under the age of 18 years old shall
be permitted to be served at any Sidewalk Café by any establishment licensed under this chapter.
SECTION 3.A. Application; layout plan.
1. The applicant shall file an application describing the layout plan and file the application in the
Borough Zoning Officials office. The layout plan is to include:
a) A description of the proposed design and location of the outdoor sidewalk café and all
temporary structures, equipment, furniture and apparatus to be used in connection with its
operation including tables, chairs, planters, awnings/umbrellas, lighting and electrical outlets
(if any).
b) A statement of seating capacity of the proposed outdoor sidewalk café and the existing
restaurant actually operated by the applicant in the adjacent building.
c) A diagram demonstrating that the pedestrian traffic along the sidewalk café is proposed to be
located will in no way be impeded and that the provisions of Section 9.1 (c) shall be satisfied.
d) A description of the proposed location of the outdoor sidewalk café showing the actual
dimensions of the area to be utilized and the building, street and sidewalk upon which it
fronts and on which it is to be located, including the area of frontage and distance from the
façade to the curb.
2. The Layout plan shall be referred to the Zoning Official or other appropriate official designated
by the Mayor and Council from time to time to review such plans, who shall thereupon
recommend approval, disapproval or modification of the layout plan within ten (10) business
days following its submission to the Borough. The Zoning Officials may also refer the layout
plan to the Fire Official, Health Officer, Borough Engineer or any other appropriate municipal
agency or department for any clarification of any issue regarding the layout plan in relation to
public safety or health issues for review and recommendations for approval by the Mayor and
Borough Council of the Borough of Carlstadt.
SECTION 4. Insurance required.
1. No outdoor sidewalk café license shall be issued unless the licensee shall have first filed with the
Municipal Clerk a certificate of insurance, issued by a company duly authorized to transact
business under the laws of the State of New Jersey, providing for the payment of not less than
five hundred thousand dollars ($500,000.00) to satisfy all claims for damages by reason of bodily
injuries to or the death of any person as a direct or indirect result of the operation of the outdoor
sidewalk café or for injury to any persona occurring on the premises occupied by such case, and
further providing for the payment of not less than ($10,000.00) to satisfy all claims for property
damage occurring as a direct or indirect result of the operation of such café.
2. The insurance policy shall provide that the insurance company shall notify the Borough of
Carlstadt ten (10) days prior to cancellation or substantial charge in coverage.
SECTION 5. Indemnification agreement required.
No outdoor sidewalk café license shall be issued unless the licensee shall have first executed
and filed with the Municipal Clerk 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 Carlstadt, 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 outdoor sidewalk café.
SECTION 6. Maintenance agreement required.
1. No outdoor sidewalk café license shall be issued unless the licensee shall have first executed and
filed with the Municipal Clerk a maintenance agreement pursuant to which the licensee shall
agree, at the option of the Borough, to either repair at its 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.
2. The Municipal Clerk may require a bond to be filed by the licensee in an amount to be fixed by
the Borough.
SECTION 7. Licensee fee.
The fee for an outdoor sidewalk café license shall be one hundred dollars ($100.00) per season.
SECTION 8. Term of license; renewals.
All outdoor sidewalk café licenses shall be issued for the month period commencing April 1
and ending October 31 of the particular year. Licenses may be renewed annually by the filing
of an application in accordance with the provisions of this chapter.
SECTION 9. Rules, regulations and specifications.
1. An outdoor sidewalk café authorized and operating pursuant to this chapter shall comply with all
of the following rules and regulations and such others as may be adopted from time to time by
resolution of the Borough Council of the Borough of Carlstadt.
(a) The café shall be operated and maintained in accordance with the layout plan as finally
approved.
(b) No furniture, apparatus, decoration or appurtenance used in connection with the operation of
the outdoor 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.
(c) No furniture, apparatus, decoration or appurtenance used in connection with the operation of
the outdoor sidewalk café shall be located in such a way that less than two and one half (2.5)
feed of paved sidewalk 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.
(d) Service in the outdoor sidewalk café shall be provided by persons engaged or employed for
that exclusive purpose and shall be furnished to seated patrons only.
(e) The sidewalk area utilized for the café shall be kept clean and free of litter. Trash receptacles
shall be provided as required by the operator of the outdoor sidewalk café. Sidewalk areas
shall be kept clean during hours of operation. Litter shall not be permitted on adjoining
sidewalks or property. Sidewalks must be swept daily and debris placed in appropriate
containers. Not in the street or gutter. Sidewalks shall be washed as necessary.
(f) Noise shall be kept at such a level as to comply in all respects with the provisions of the
Code of the Borough of Carlstadt. Sound systems are prohibited.
(g) Outdoor sidewalk cafés shall be permitted to operate only within the permitted zones and
only from 7:00 a.m. until 11:00 p.m. during the months of April to October inclusive.
(h) Within one (1) hour after the closing of the outdoor sidewalk café, the operator shall have all
furniture, apparatus, decoration and appurtenances and any other items used in connection
with the operation of such outdoor sidewalk café removed from the sidewalk. All such
materials shall be stored in a safe and secure interior location.
(i) 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.
(j) The outdoor sidewalk 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 extension.
(k) All food preparation shall be in the regular kitchen area of the related restaurant and will not
be permitted outside in the sidewalk café area.
(l) Restauranteurs are prohibited from serving drivers or passengers while they are sitting in cars
at the curb or in the street. All patrons must be seated at furniture as defined in Section 4
throughout their meal.
(m) The operator shall comply with all other ordinances of the Borough of Carlstadt.
(n) The Borough retains the right to temporarily suspend a sidewalk café licensee to allow for
construction activity, utility repairs, special events or for any reason deemed appropriate.
SECTION 10. Alcoholic beverages (prohibited).
No alcohol beverage service or consumption of alcoholic beverages are permitted by any
licensee under this chapter. The sidewalk area upon which an outdoor sidewalk café has been
authorized to operate pursuant to this chapter shall not constitute premises dully licensed for the sale
of and consumption of alcoholic beverages to serve or permit to be consumed alcoholic beverages at
any sidewalk café licensed under this chapter.
SECTION 11. Notice of violation; failure to comply.
Upon a determination by an officer or employee of the Borough of Carlstadt charged with the
responsibility for enforcing the provisions of this chapter that a licensee has violated one (1) or more
of such provisions, such officer or employee shall give written notice to the licensee to correct such
violation within twenty-four (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 outdoor
sidewalk café license shall thereupon and automatically be revoked.
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 Carlstadt within fourteen (14) days of the date
of its request.
SECTION 12. Violations and penalties.
Any person convicted of a violation of any of the provisions of this chapter shall be subject to
a fine not to exceed five hundred dollars ($500.00). Each violation of a section or subsection of this
chapter and each day that a violation continued, shall constitute a separate offense.
SECTION 13. Enforcement.
The Borough Zoning Official shall be responsible for licensing and the collection of fees.
This Chapter shall be enforced by the Zoning Official, the Police Department, The Board of Health,
as to the sanitary code, Superintendent of Public Works as to trash, litter and recycling regulations,
the Borough’s Fire Safety Official, the Borough Construction Official or any other Borough Official
as designated by the Mayor and Council
SECTION 14. Severability.
If any provision of this chapter is for any reason determined to be unlawful or otherwise
invalid by any court of competent jurisdiction, such determination shall not affect the validity of the
remaining provisions of this chapter, all of which shall remain in full force and effect.
SECTION 15. Repeater.
All ordinances or part of ordinances inconsistent with the provisions of this chapter are
hereby repealed to the extent of such inconsistency.
SECTION 16. When effective.
This chapter shall take effect ten (10) days after the first publication thereof after final
adoption.
INTRODUCED:
ADOPTED:
APPROVED:
WM. JAY ROSEMAN, MAYOR
ATTEST:
CLAIRE FOY, BOROUGH CLERK