CITY OF HOBOKENORDINANCE NO.: ----

AN ORDINANCE AMENDING THE CODE OF THE CITY OF HOBOKEN TOCLAIRTY THE HOURS OF OPERATION FOR OUTDOOR SERVICE AREAS

FOR BARS AND RESTAURANTS

WHEREAS, it is a primary responsibility of the City Council of the City of Hoboken toensure the health, safety and welfare of city residents, including the assurance of quality of life;and

WHEREAS, the City of Hoboken is the second most visited city in the State of NewJersey and the Council wishes to encourage a positive experience for both visitor and resident;and

WHEREAS, noise is a significant concern within any urban environment, and while itcannot be eliminated, it is in the public interest to manage distinct aspects that are within thecity's control; and

WHEREAS, existing sections of the Code of the City of Hoboken lack clarity that, whenamended, will benefit residents, visitors and local business owners, and ensure a more agreeableexperience for all parties;

NOW THEREFORE, BE IT ORDAINED, by the City Council of the City ofHoboken, County of Hudson, State of New Jersey as follows:

SECTION ONE:.Chapter 68 of the Code of the City of Hoboken, entitled "Alcoholic Beverages," is hereby

amended to add a new part "D" to §68-4, "Hours of Business," which shall read as follows(additions noted by underline):

§ 68-4. Hours ofbusiness. [Amended 7-16-1969Iby Ord, No. 325; 6-17-1994 by Ord.No. R-50; 6-29-1994 by o-a. No. R-54; 11-2-1994 by Ord. No. R-87]

A. (no change)

R (no change)

C. (no change)

D. No licensee that· chooses to serve alcoholic beverages at any outdoor orunenclosed area shall permit patrons to remain in any such area more than thirty(30) minutes beyond the authorized hours of operation for said areas; includingbut not limited to Sidewalk Cafes, Courtyards and/or Roof Decks. Hours ofoperation for all outdoor service areas shall be as follows: 10:00 a.m. to 10:00p.m. Monday through Thursday, 10:00 a.m. to 11:00 p.m. Friday and Saturday,and 11:00 a.m. to 10:00 p.m. SlU1day.

SECTION TWO:

Chapter 168 of the Code of the City of Hoboken, entitled "Streets and Sidewalks" ishereby amended to add a new section §168-29A, which shall read as follows (additions noted byunderline) :

§ 168-29A. Hours of operation for sidewalk cafes.

Sidewalk cafes shall be permitted from April 1 through November 30, inclusive. Thehours of operation shall be from 10:00 a.m. to 10:00 p.m. Monday through Thursday,10:00 a.m. to 11:00 p.m. Friday and Saturday, and 11:00 a.m. to 10:00 p.m. Sunday.

SECTION THREE:

Chapter 168 of the Code of the City of Hoboken, entitled "Streets and Sidewalks" ishereby amended, in part, as follows, (additions noted by underline):

§ 168-51. Permitted hours of operation. [Amended 9-7-1994 by Ord. No. R-70; 4-15-1998 by o-a. No. R-306]

Operation of open sidewalk cafes shall be permitted from April 1 through November 30,inclusive. The permitted hours of operation shall be from] 0:00 a.m. to 10:00 p.m.Monday through Thursday, ]0:00 a.m. to 11:00 p.m. Friday and Saturday, and 11:00 a.m.to 10:00 p.m. Sunday. No food or beverage service shall be allowed at an open sidewalkcafe after stated hours of operation. Patrons of open sidewalk cafes shall not be allowedon city sigewalks beyond one half hour of stated hours of operation.

SECTION FOUR:

If any section of provision of this Ordinance shall be held invalid in any Court, the sameshall not affect the other sections or provisions of this Ordinance except so far as the section orprovision so declared invalid and shall be inseparable for the remainder or portion thereof.

SECTiON FIVE:

All Ordinances or parts of Ordinances inconsistent herewith are hereby repealed to theextent or such inconsistency.

SECTION SIX:

This Ordinance shall be a part of the Code of the City of Hoboken as though codified andfully set forth therein. The City Clerk shall have this Ordinance codified and incorporated in theofficial copies of the Code.

The City Clerk and the Corporation Counsel are authorized and directed to change anyChapter, Article and/or Section number of the Code of the City of Hoboken in the event that thecodification of this Ordinance reveals that there is a conflict between the numbers and theexisting Code, and in order to avoid confusion and possible accidental repealers of existingprovisions not intended to be repealed.

SECTION SEVEN:

This Ordinance shall take effect according to law.

Adopted: Approved:

City Clerk, James Farina Mayor David Roberts

Approved as to Form:

Steven W. KleinmanCorporation Counsel

DATE OF INTRODUCTION: May 18, 2009

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