[HISTORY: Adopted by the Mayor and Council of the Borough of South River 6-13-2005 by Ord. No. 2005-27. Amendments noted where applicable.]
[Added 9-18-2006 by Ord. No. 2006-31]
As used in this chapter the following terms shall have the meanings indicated:
- OUTDOOR CAFE
- Any eating establishment where food and other refreshments are served upon the public right-of-way, namely the sidewalks immediately in front of any restaurant, cafe, cafeteria or place of business where food and/or other refreshments are served.
Outdoor cafes and restaurants may be established as an accessory use to a permitted restaurant use in any zoning district that permits restaurants. No person, however, shall establish, maintain, own or operate any outdoor cafe or restaurant nor serve food, liquor or other beverages outdoors or at tables outdoors on any public street, sidewalk or alleyway without first having obtained a license from the Clerk of the Borough of South River. Nothing contained herein shall be deemed to waive any obligations by the license holder under this chapter from complying with any applicable ABC or health regulation. A cafe or restaurant must meet the requirements for a retail food establishment as defined in state statute, State Sanitary Code and any and all other state, county or local regulations, and for purposes of this chapter must meet the following additional requirements:
The amount of available outdoor table seating shall not exceed the amount of available indoor table seating at said establishment. Seating at the bar in an establishment shall not constitute indoor table seating for computing the amount of available outdoor table seating that an establishment may have.
The establishment must comply with the restaurant requirements as to rest room facilities under the Uniform Construction Code, unless exempt from same.
The establishment of an outdoor cafe or restaurant pursuant to this chapter shall not require the holder of said license to acquire any new and/or additional parking as a result of the grant of said license and the operation of an outdoor cafe and/or restaurant.
[Amended 3-24-2008 by Ord. No. 2008-17]
Application for an outdoor cafe or restaurant license shall be made to the Borough Clerk upon forms provided by the Clerk, and such application shall be accompanied by a sketch plat setting forth a specific location for the proposed outdoor cafe and/or restaurant. Once the completed application is received by the Clerk with the appropriate fee, it shall be forwarded to the Chief of Police, Fire Prevention official and Zoning Officer, who shall conduct an investigation of the data contained in the application. Upon completion of the investigation by the above-stated individuals, the Mayor and Council of the Borough will examine the application along with the reports and recommendations of the above-stated individuals. The Mayor and Council shall issue or deny the license as in their discretion they deem appropriate. The Mayor and Council shall take into consideration the location, potential interference with pedestrian or vehicular traffic, appropriateness of design, the business record of the applicant, any proposed structures to be erected on public sidewalks, and general public safety, health and welfare consideration; provided, however, that no less than five feet of unobstructed sidewalk measured from the street curb shall be opened and maintained for pedestrians. No license or renewal of a license shall be issued until a resolution of the Mayor and Council of the Borough authorizing the issuance of a license shall have been adopted.
Any and all lighting which shall be utilized by an outdoor cafe and/or restaurant shall conform to the following criteria:
Only low-level lighting may be utilized.
Maximum level of illumination shall be 1.0 fc at the curbline and to all property lines as extended to the curbline.
No lighting shall shine directly into the public roadway.
No lighting shall simulate or resemble, in color or operation, any traffic control device.
The Council shall have the right to impose such restrictions as it may deem appropriate governing hours of operation, manner of service, type of awnings and umbrellas, tables and chairs and may require the applicant to bring sidewalks into conformity with Borough requirements, and it is a specific condition of every license or renewal of a license issued that the license holder provide written confirmation to the Borough Clerk that the Borough of South River and the County of Middlesex, if applicable, have been named as additional insureds on all public liability policies under which the sidewalk cafe or restaurant will operate, with the limits of such liability policy or policies, to be a minimum of $1,000,000 per individual, $3,000,000 per event.
Notwithstanding the above, outdoor cafes and restaurants shall be allowed to operate at any time from 8:00 a.m. to 10:00 p.m.
[Amended 10-26-2009 by Ord. No. 2009-42]
Any person submitting an application for an outdoor cafe or restaurant license shall submit application fee in the amount provided in Chapter 155, Fees, with said application. Should an application be approved by the Mayor and Council of the Borough by resolution as specified herein, the applicant shall pay a licensing fee in the amount provided in Chapter 155.
[Amended 10-26-2009 by Ord. No. 2009-42]
Any and all licenses issued pursuant to the terms of this chapter shall permit outdoor cafe operations during any calendar year in which a license is issued. All licenses must be renewed yearly with said renewal application being a letter request from the license holder indicating no transfer of ownership of the restaurant/cafe and no change in the design, setup or size of said outdoor restaurant/cafe. No renewal fee shall be required for a license renewal unless there shall be a change in the design, setup or size of said outdoor restaurant/cafe.