8/6/2019 Proposed Change to Jersey City's Sidewalk Cafe Law

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City Clerk File No.Agenda No.Agenda No.

Ord. 11-0763.0,' 1st Reading

2nd Reading & Final Passage

ORDINANCEOFJERSEY CITY, N.J.COUNCIL AS A WHOLE .offered and moved adoption of the following ordinance:

CITY ORDINANCE 11-076TITLE: ORDINANCE AMNDING AN SUPPLEMENTING CHATER 296 (STRETSAN SIDEWALKS) ARTICLE XU (SIDEWALKS CAFS) OF TH JERSEY CITYMUCIPAL CODE

THE MUCIPAL COUNCIL OF THE CITY OF JERSEY CITY HEREBY ORDAIS:WHEREAS, the Muncipal Council (Council) of the City of Jersey City deems it in the best interestsof ie citizens of Jersey City and the patrons of Jersey City's food servce establishments to operateopen air sidewalk cafs; andWHREAS, open air sidewalk cafs promote and facilitate toursm potential and create active andvital street frontages; andWHEREAS, the Muncipal Council, where appropriate, desires to encourage the establishment ofoutdoor dinig in the City of Jersey City to support local economic development and commercialviability; andWHEREAS; sidewalk cafs promote a high quaity visual environment, ensuring that outdoordining contrbutes to the improvement of the street scape; andWHEREAS, by the adoption of Ordinance 98-080 on June 24, 1998, the Muncipal Councilestablished the rules and regulations governing sidewal caf under Chapter 296, Arcle XI of theJersey City Muncipal Code; andWHREAS, the Council now deems it in the best interests of the City to amend and spplementthe Ordinance.NOW, THEREFORE, BE IT ORDAINED BY THE MUCIPAL COUNCIL of the City ofJersey City that Chapter 296 be modified as follows:A. The following amendments to Chapter 296 (Streets and .sidewalks) Aricle XI (SidewalksCafes) are hereby adopted:

STREETS AND SIDEWALKSARTICLE XIISidewalks Cafs296-79. Definitions.

As used in ths aricle, the followig terms shall have the meanng indicated:

(RESTARANT An indoor facility established primiiily for the ser ving offood iiid mink anofferin tables iiid ehaiis for th ose of dini patons. A facility established primiiily fur these: vin of aeoholie beverages, e.g., bii, pob, and saoon, is nt a restaman for pm poses of thsaricle. A facilitywlrieh is solcly "ta-oot" is a-Io not a restamiirt fuipmposes ofthis aricle.)

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Cntinuatkinof City Ordinance 11-076 . page 2

FOOD SERVICE ESTABLISHMNT - A facility established pnmarily for the service of fod anddrnk which' shall include restaurants of all classes, bakeries, ice cream parlors, tavern anddelicatessens.SID EW ALK - That portion of the public easement which lies between the building line and thr curb.SIDEWALK CAF- The use of paritioned sidewal space beyond the building line to accommodatetables, chairs and the serving of food and dr of patrons of a food servce establishment.

296-S0. Operation of a Sidewalk CaJ; Projection into (sti eets) sidewalks:A. No person may operate a sidewal caf Without obtag a license from the Division of

Commerce pursuat to the procedures provided for in 296-83 herein.B. No sidewalk caf shall be permtted to project into a sidewalk more than half the Width of

said sidewalk E01 eight feet, wmehe.ei is less), but only to a maximum oflO feet. In no caseshall it extend so far as to leave less than six feet for pedestran traffc~ E, exeept in areaswheie the sidewa:k is 20 feet 01 nl01e fioin th bnilding lin to the emb, then a sidewa:k eafmay be peiinittd to p10jet int a sidewalk a inaxinimn of 10 feet.)

c. Prior to the issuace of a license, Division of Commerce Inspector Will visit and measure thesite, tae photographs and gather such information as is necessar to fully inform theDeparents set fort in 296-83(b).

296-SL. Permitted location; regulations.A. Sidewalk cafes shall only be permtted in front of Eari opeiatg 1estamant) a Food Service

Establishment that is permitted curent conforming under the City's zoning ordinances.(Restamarlts) Food Service Establishments seeking to expand a pnor nonconforming useshall be required to obta the appropnate varance from the Jersey City Zonig Board OfAdjustment. In those situations where Ea opeiating 1estantJ a Food ServiceEstablishment is located on a corner, both the front and side sidewal area fronting thefiestaarit) Food Service Establishment may be used for the sidewalk caf. A surey,schematic, or other evidence of the location of the boundar line must be provided to theDivision 0 Commerce.

B. All sidewalk cafs shall comply With the followig regulations:

, (1) The sidewalk caf area shall be paritioned by a thee-sided, movable strctueseparating the sidewalk caf from the public portion oftle sidewalk and which is noless than 30 inches in height and no more than 36 inches in height, providing oneopening for entrance and exit which is no less than 42 inches in width and no morethan 60 inches in Width, and whose boundares allow patrons and pedestrans toclearly ascert the entrance and exit to the sidewalk caf area.

(2) ETlie sidewa:k eaf' shaHha.e ari o.eihead eo.e1ing, eonsisting of eith1 anindi.idna: tt1ella o.ei each table 01 a 1etiactable awnig eo.e1in all tables aneh All fence paritions shall be secured in place by mean of drling holes in thesidewal for the inserton of fence partion posts so as to prevent encroachment ofthe pedestran nght-of-way.

(3) ETlie sidewa:k eaf partion arid o.eihead eo.eiing shaH be ap1op1iate in style tothe facade of tho' bnilding arid sha:l not eontain ad.erising.) All fence paritions

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Continuation of City Ordinance ll-U/O ; page q

the expansion. Any objection shall be in wrting and shall set forth the reasons therefor.Sidewalk cafes located within the Historic Distrct meeting all ofthe requirements containedin Chapter 345-71 shall obtain a Certificate of (Appiopiiatiiess) No Effect from the JerseyCity Historic Preservation Commission for the parition, tables, chairs and overheadcoverings aid any other caf appurenances. Any cafes within a Historic District that are

, deemed by the Historic Preservation Offcer not to meet those stadards shall require aCertificate of Appropriateness. Upon receiving an application for a certficate ofappropriateness, the Historic Commssion shall decide whether to grant the certificate withinone month of the receipt of the application.

B. All otdinancesand pars of ordiances inconsistent herewith are hereby repealed. , 'C. The City Clerk shall have ths ordinance codified and incorporated in the offcial copies of

the Jersey City Code.D. lbs ordinance shall tae effect at the time and in the maner as provided bylaw. .

E. The City Clerk and the Corporation Counsel may change any chapter numbers, ariclenumbers and section numbers if codification of ths ordinance reveals a coo.t1ict betweenthose numbers and the existing code, in order to avoid confusion and possible accidentarepealers of existing provisions.

NOTE: All new material is underlined; words in (brackets) are omitted.For puroses of advertising only, new matter is indicated by boldfceand repealed matter by italic. '

VSlhe6/22/11

_ APP~AS TO ! ::~co~~Corporation Counsel

APPROVED:APPROVED:

Certification Required 0Not Required 0