[HISTORY: Adopted by the Mayor and Council
of the Borough of Totowa 8-26-2008 by Ord. No. 12-2008. Amendments noted
where applicable.]
The Borough of Totowa recognizes the allowance
of outdoor dining facilities for purposes of stimulating public interest,
benefiting economic productivity, providing an aesthetically pleasing
atmosphere in the business community and promoting the general welfare
of the residents of the Borough of Totowa. The purpose of this chapter
is to establish guidelines to procure and maintain a limited authorization
license to permit outdoor dining.
Outdoor dining shall be permitted as a conditional
accessory use of any eating and/or drinking establishment as more
fully described in the Borough of Totowa Zoning Ordinance.[1]
As used in this chapter, the following terms
shall have the meanings indicated:
The designated area prescribed by title to the
property of the retail food establishment or tavern to be used for
purposes of the outdoor dining facility. The outdoor dining area shall
be limited to the rear yard or side yard of the property or the sidewalk
area immediately in front of the establishment's building or storefront.
Outdoor dining areas shall include without limitation
any cafe, coffee shop, diner, dining room, delicatessen, luncheonette,
restaurant, soda fountain shop, tearoom, tavern and other retail food
establishments as defined hereunder. Outdoor dining will be restricted
to only those facilities currently conducting indoor dining or licensed
tavern businesses.
A lot, parcel, or tract of land, together with the building
and structures located thereon.[1]
That area of the public or private right-of-way reserved
for pedestrian traffic from the curb to the front line of the building
housing an eating establishment.[2]
An establishment licensed to sell alcoholic beverages to
be consumed on the premises.
The Borough of Totowa requires the owner of
a retail food establishment or tavern to apply for and obtain an outdoor
dining facility license to operate said facility within the outdoor
dining area. No person shall operate an outdoor dining facility within
the Borough of Totowa without first obtaining an outdoor dining facility
license and satisfying all of the requirements of this chapter.
A.
An applicant for an outdoor dining facility license
must annually file for said application with the Borough Clerk on
forms supplied by the Clerk. These forms shall require the following
information and such additional information as deemed necessary:
(1)
The name, address, and telephone number of the applicant;
(2)
The name, address, and telephone number of the retail
food establishment or tavern where outdoor dining shall be maintained;
(3)
A detailed description of the proposed outdoor dining
or tavern facility that shall include a diagram of the dimensions
of the area and the number of tables, chairs, benches, umbrellas,
and receptacles for garbage and recyclables to be used for outdoor
dining purposes;
(4)
Consent of the owner of the premises, if other than
the applicant;
(5)
The signing of said forms and the providing of an
insurance certificate as more fully described herein.
B.
The license fee for each and every premise on which
outdoor dining facilities is conducted shall be $100. Each application
for a license shall be accompanied with cash or a check payable to
the Borough of Totowa in the amount of the $100. The renewal fee for
each subsequent year shall be $100.
No outdoor dining license shall be issued unless
the licensee shall have first filed adequate proof that the following
insurance requirements have been provided:
A.
The following language/wording must appear on the
insurance certificate: "The certificate holder (The Borough of Totowa)
is included as an additional insured as respects losses arising solely
from the operation of the outdoor dining facility."
B.
Ten days' written notice of cancellation must be provided
to the Borough of Totowa.
C.
The insurance certificate must be written by a company
licensed to do business in the State of New Jersey and rated A or
better by A.M. Best Rating and the certificate shall also state: "Rated
by A.M. Best Rating."
D.
The minimum insurance coverage requirements are:
(1)
General aggregate: $500,000;
(2)
Products and completed operation aggregate: $500,000;
(3)
Personal and advertising injury: $500,000;
(4)
Each occurrence: $500,000;
(5)
Fire damage (any one fire incident): $500,000;
(6)
Medical expense (any one person): $500,000;
(7)
Worker's compensation: statutory requirements;
No outdoor dining facility license shall be
issued unless the licensee first executed and file an indemnification
agreement with the Borough of Totowa. In consideration of the issuance
of the outdoor dining facility license, the licensee shall forever
agree to defend, protect, indemnify and save harmless the Borough
of Totowa, its officers, agents for damages, expenses, fees and costs,
including attorney's fees, that arise out of the licensee's operation
of such outdoor dining facility.
A.
The application for a license is subject to the approval
of the Borough Clerk. The application for a license and/or the applicant's
investigation report are subject to review from the following offices
without limitation: the Building/Zoning Office, the Borough Planning
Board, the Health Department and the Borough Council. Application
shall not be considered until prior approval is granted by the Planning
Board.
B.
Prior to submitting an application to the Borough
Clerk for a license for outdoor dining, site plan review and approval
must be obtained from the Planning Board. The fee for filing this
application is $200 and the applicant shall also post a $200 escrow
fee.
C.
Checklist for requirements for site plan approval:
(1)
Letter of intent.
(2)
A site plan identifying the location of the outdoor
dining area, the required barrier between the seating area and the
public circulation areas, table, chair and bench locations, and refuse
disposal location which includes the existing square footage of the
indoor dining area and the square footage of the proposed outdoor
dining area;
(3)
Photographs of lots adjacent to the proposed outdoor
dining area;
(4)
Photographs of the area where the outdoor dining will
be located;
(5)
Detailed screening plan;
(6)
Detailed lighting plan, including details of the fixtures
and levels of proposed illumination;
(7)
Total number of seats in site, both indoor and outdoor;
(8)
The applicant must comply with the parking requirements
for restaurant uses. In calculating the required parking, all seats,
both indoor and outdoor, must be utilized.
D.
Any applicant who is denied a license may request,
in writing, a hearing on the denial decision before the Borough Council
on all issues except those decided on by the Borough of Totowa Planning
Board/Zoning Board of Adjustment, which are not reviewable by the
Borough Council.
The annual license fee for each and every premises
on which outdoor dining facilities is conducted shall be $100.
A.
An outdoor dining facility license shall be valid
only through April 1 through October 31 of a given year;
B.
A new outdoor dining facility license must be obtained
for each year;
C.
An outdoor dining facility license may not be transferred
in any way;
D.
The license shall be displayed in a conspicuous place
on the premises prior to the use of the outdoor dining facility.
The conduct of outdoor dining pursuant to a
license issued under this chapter shall be subject to and inclusive
of all of the following restrictions and requirements. This provision
shall not be interpreted to limit the discretion of the Planning Board
to require further conditions as part of site plan review as reasonable
and appropriate.
B.
All outdoor dining areas shall be immediately adjacent
to the principal restaurant or tavern;
C.
The outdoor dining area must be clearly defined and
limited by way of a barrier, such as fencing, landscaping, a wall
or as approved by the Planning Board;
D.
The outdoor dining area must not block, obstruct and/or
inhibit pedestrian traffic on public sidewalks. Pedestrian traffic
must have a clear, open and unobstructed access between the edge of
the outdoor dining tables and the curbline of the sidewalk. Such pedestrian
access shall have a minimum width of at least eight feet;
E.
Any outdoor dining area shall have adequate buffering
from adjacent buildings or sites consisting of landscaping and/or
fencing or as approved by the Planning Board. If the outdoor dining
area abuts residentially zoned land, the outdoor dining area shall
be located a minimum of 50 feet from the common property line;
F.
Property owners shall not place anything in an alleyway,
path, or walkway or set up tables in such a manner as to block, obstruct,
or inhibit access to such alleyways, paths or walkways;
G.
Outdoor dining facility owners, employers, and employees
shall not block, obstruct, or inhibit a building's entrance/egress.
It shall be unlawful to block or obstruct in any manner the clear
width of any exit's discharge passageway, as determined by the clear
width opening of the entrance/egress door(s). The exit's discharge
passageway shall proceed directly to the street;
H.
Only tables, chairs, benches, umbrellas, and receptacles
for garbage and recyclables are permitted within the outdoor dining
area;
I.
Outdoor dining facility owners, employers, and employees
shall not place any table, chair, bench, sign, umbrella or other item
in such a manner as to block or obstruct any municipal sign receptacles
for garbage and recyclables, public hydrants, or other public amenity;
J.
Outdoor dining facility owners, employers, and employees
must provide for the disposal of garbage and recyclables. Public receptacles
for garbage shall not be used and outdoor storage of refuse shall
not be permitted. All receptacles for garbage and recyclables shall
be removed at the time of closing;
K.
The outdoor dining area and surrounding sidewalk and
property areas shall be kept clean from any and all litter during
hours of operation;
L.
If dining, customers must be seated in the outdoor
dining area during their patronage. Outdoor dining facility owners,
employers, employees are prohibited from serving drivers or passengers
of all vehicles;
M.
All food preparation shall be indoors in the regular
kitchen area of the retail food establishment;
N.
Alcohol service and/or consumption at the outdoor
dining facility is subject to further regulations more fully described
herein;
O.
All outdoor food service is subject to the regulations contained in Chapter 12 of the New Jersey Sanitary Code;
P.
There must be absolutely no offensive odor emanating
from the outdoor dining facility and/or outdoor dining area due to
food preparation, handling, spoilage, and/or litter;
Q.
Outdoor dining facility owners, employers and employees
are prohibited from using public utility hookups;
R.
All lighting shall be directed towards the principal
restaurant. No exterior lighting that extends beyond the boundaries
of the property or the outdoor dining area shall be permitted;
S.
All sound and video systems are prohibited within
the outdoor dining area. The licensee shall not direct or permit to
be directed to or from the outdoor dining area any bell, chime, siren,
whistle. All noise emanating from the outdoor dining area shall be
kept at such a level as to comply in all respects with the provisions
of applicable ordinances. No live entertainment is permitted;
T.
No signs of any nature shall be permitted in the outdoor
dining area, except as previously expressed;
U.
Outdoor dining may commence April 1 and may continue
through October 31;
V.
Possible hours of operation shall be from 11:00 a.m.
to 11:00 p.m.;
W.
The outdoor dining areas must be cleared and washed
daily by 11:30 p.m.;
X.
All Sanitary Code, alcoholic beverage requirements,
and all other laws and regulations shall apply to the outdoor seating
unless specifically excluded;
Y.
The Borough of Totowa retains the right to temporarily
suspend an outdoor dining facility license to allow for construction
activity, utility repairs, special events, or other appropriate reason
as determined by the Borough Council. Reasonable advance notice must
be given to the affected outdoor dining facility licensees.
The outdoor dining area upon which an outdoor
dining facility has been authorized to operate pursuant to this chapter
may constitute premises duly licensed for the sale and/or consumption
of alcoholic beverages, provided:
A.
The retail food establishment or tavern of which the
outdoor dining facility is a part and an extension of is so licensed;
B.
Specific approval has been obtained from the appropriate
local and/or state agencies of the ABC for the extension of the alcoholic
beverage consumption license to the outdoor dining area. Such approval
shall be separate from and must be obtained in addition to the license
to operate an outdoor dining facility pursuant to this chapter.
Any license may be suspended or revoked for
good cause by the Borough Council, including but not limited to a
misrepresentation of the information supplied by the application,
the conviction of a crime, a violation of any ordinance, state or
governmental regulation, or a violation of this chapter.
The Borough Clerk shall be responsible for licensing
and the collection of fees. This chapter shall otherwise be enforced
by the Building Department/Construction Code Officials, Totowa Police
Department, and the Board of Health as to the Sanitary Code, Zoning
Officer and Property Maintenance Officer.
