Winter Outdoor Dining Guidelines

Review the Winter Outdoor Dining presentation for a summary of all guidelines

Outdoor Dining Setup

Hours of Operation

• The hours of operation for all outdoor dining has been revised and is now the same for all sidewalk cafes, parklets and strEATERIES: 8:00 a.m. to 11:00 p.m. Sunday – Wednesday, 8:00 a.m. to midnight Thursday - Saturday.
• All cafes, parklets and strEATERIES should be vacated and broken down by the end time.
• Sponsor is responsible for ensuring that the last seating allows for adequate time to meet these hours of operation.

Outdoor Dining Setup

• MASK UP sign should be posted in outdoor dining area.
• NO MASK NO ENTRY sign should be posted at entrance.
• 6’ egress for pedestrians must be provided in a straight path that is clear of any obstructions.
• Tables and chairs must be set 6’ apart measured from the back of opposite facing chairs or from table-to-table where they are set side by side. Alternatively,
• No standing occupancy is allowed in the outdoor dining area.
• Waiting customers are not permitted to congregate.  Recommend taking reservations or cell phone numbers to call customers when their table is ready.
• Customers must wear a mask to and from the restroom.
• 6’ social distancing marks should be placed on the floor for restroom lines.

Download the MASK UP sign or NO MASK, NO ENTRY sign

If you are asked by a City employee to adjust some part of your outdoor setup, please cooperate, as we are looking out for your best interest and the best interest of Hoboken residents

Entertainment

• NO DJs and NO amplified music, broadcast announcements or speakers are allowed in outdoor dining areas including sidewalk cafes, strEATERIES, parklets, and Summer Streets. Live acoustic music is permitted until 10 PM.
• All outdoor entertainment should end by 10 PM.
• TVs and projectors are allowed but must be on mute.
• TVs and projectors cannot be permanently attached to the structure, and must be returned inside at the end of the day.
• Sound from indoor speakers or entertainment should not be plainly audible beyond the property line.

Heat

• Heating for ALL outdoor dining has to be approved by the Fire Department and/orBuilding Department, as follows.

Propane Heaters

• Propane or any other heater with an LP cylinder requires a permit from the Hoboken Fire Department.
• Heater cannot be placed within 5’ of building, under an overhang or canopy, or within 5’ of anything combustible.
• Fire extinguisher must be located within 25’ of heater.
• Patrons must not interact with heater.
• Heat tank cannot be stored inside or within 10’ of the establishment (heater can, but tank must be removed).
• Heater must be removed during storms or snow events.
• Heater must automatically turnoff when tipped over. Tip drill shall be performed to ensure safety.
• Heater must be UL listed with classifications and safety instructions from manufacturer. Personnel must understand the functionality of the heater.

Electric Heaters

• Electric heater requires approval from the Hoboken Building Department.
• Fire extinguisher must be located within 25’ of heater.
• Patrons must not interact with heater.
• Heater must be removed during storms or snow events.
• Heater must be UL listed with classifications and safety instructions from manufacturer. Personnel must understand the functionality of the heater.

Structures or Seasonal Canopies

Governor’s Executive Orders

• EO 163: “food or beverage establishments are permitted to offer in-person service at outdoor areas, defined as open air spaces that either 1) have no roof or cover or 2) have a fixed roof or temporary or seasonal awning or cover, with at least two open sides that would comprise over 50 % of the total wall space if the space were fully enclosed.”
• EO 194: the definition of “outdoor areas” in EO 163 is updated to include the following:“a. Outdoor enclosed structures, such as plastic domes, to seat individual parties, provided they meet the following criteria: i. The use of the structures complies with the requirements for outdoor dining contained in EO 157 and associated guidance issued byDOH; ii. Each party is limited to no more than eight individuals at a time; iii. The structure is ventilated and cleaned and sanitized in accordance with CDC and DOH guidance between seatings; iv. The structure and use of the structures otherwise comply with all other applicable codes and regulations, including the provisions of theFire Safety Code; and v. Any necessary municipal approvals and permits are obtained prior to use of the structure. Such structures shall be considered “outdoor dining” for purposes of determining the establishment’s capacity limitations as described in EO 157 and EO 183”

City of Hoboken Requirements

• Any structure must be located at an establishment with a valid, City-issued permit for operation of a parklet, strEATERY, or sidewalk café.
• Side enclosures without roofs:

1. Plexiglass, plastic, or vinyl sided enclosures that encompass the entire sidewalk café or parklet may be permitted provided that there are removable window panels, doors, or other ventilation.
2. Outdoor Dining Setup requirements above must be followed to maintain 6’ social distance.

• Temporary “pop-up” structures including canopies and tents:

1. Must be removed from the street and sidewalk overnight, when not in use, and during storms or snow events.
2. Must fit within the currently approved boundaries of the sidewalk café, strEATERY, or parklet.
3. Must not negatively impact sightlines to a degree that threatens health and/or safety, to be determined on a case-by-case basis.
4. Cannot be more than 50% enclosed or will be considered indoor dining.
5. Canopies and tents less than 10’ x 10’ do not require a permit. Larger canopies require approval from the Hoboken Zoning, Building, and Fire Departments.

• Temporary “pop-up” semi-enclosed structures used to seat individual parties such aspods, plastic domes, or igloos:

1. Must be removed from the street and sidewalk overnight, when not in use, and during storms or snow events.
2. Must fit within the currently approved dimensions and boundaries of the sidewalk café, strEATERY, or parklet. Some encroachment from a parklet or strEATERY onto the sidewalk may be allowed on a case-by-case basis provided that the structure does not decrease the passable sidewalk width to less than 6’or encroach upon any other sidewalk feature in a manner that the City deems contrary to health and safety, and, if the semi-enclosed structures is mostly within the street, it is supported by a structure that is flush with the curb height.
3. Must not negatively impact sightlines to a degree that threatens health and/or safety, to be determined on a case-by-case basis.
4. Must not obstruct any required ADA access to the parklet, strEATERY, or sidewalk café.
5. Before installing the semi-enclosed structures, the business must email the cleaning protocol that they plan to follow between each group occupancy to businessrecovery@hobokennj.gov.
6. Cannot be used by more than one individual party at a time.
7. For structures less than 10’ x 10,’ the maximum group size is 6 people. For structures greater than 10’ x 10,’ the maximum group size is 8 people. At no time shall a structure seat more than 8 people
8. Structures less than 10’ x 10’ do not require a permit. Larger canopies require approval from the Hoboken Zoning, Building, and Fire Departments.

• Semi-permanent fixed structures including pergolas or roofs:

1. May remain during storms or snow events, if approved by the BuildingDepartment (i.e., for wind loading and weight of snow).
2. Require approval from the Hoboken Zoning, Building, and Fire Departments.

• Any structures in the Washington-Hudson Historic District or Terminal Historic District(see map in permit extension application):

1. Shall not attach canopies to their building and shall not drill or otherwise create holes in the building façade without first obtaining a Certificate of No Effect from the Historic Preservation Office.
2. All installations should be either free-standing to not affect the building or should be designed so as to avoid non-reversible damage to the façade.

Snow Removal

• All outdoor dining establishments must comply with City Code Chapter §168-8 Snow Removal.
• Approved strEATERY materials should be broken down and stored securely during a snow event. strEATERY materials shall not impede pedestrian operations or City snow removal operations.
• Approved parklet extension permits will require a snow removal plan (see permit extension application) describing how the sponsor will safely remove snow from the parklet and from 4’ in all directions adjacent to the parklet within 6 hours following a snow event.
• The City of Hoboken, by order of the Chief of Police or the Office of Emergency Management, may require a strEATERYto be the removal or restrict the set-up of strEATERIES for reasons of public safety.
• Parklets on Snow Emergency Routes may be required to be removed for reasons of public safety. The City of Hoboken reserves the right to require the removal or temporary relocation of any parklet, within 14 days of written notice to the sponsor, for purposes of street repairs or other municipal work in or around the location of the parklet.  The City further reserves the right to remove or have removed or relocated any parklet, upon order of the Chief of Police or the Office of Emergency Management, in the case of an emergency or imminent hazard, or for reasons of public safety.