The Township recognizes that the allowance of outdoor dining
facilities will stimulate public interest, benefit economic productivity,
provide an aesthetically pleasing atmosphere in the business community
and promote the general welfare of the residents of the Township of
Manalapan. 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 to any Category One and Category Two restaurant as more fully
defined in the Development Regulations of the Township of Manalapan.
As used in this chapter, the following terms shall have the
meanings indicated:
OUTDOOR DINING AREA
The designated area of the property of a restaurant 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.
PROPERTY
A lot, parcel, or tract of land, together with the building
and structures located thereon.
RESTAURANT
A Category One or Category Two restaurant as defined in §
95-2.4 of the Development Regulations of the Township of Manalapan.
SIDEWALK
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 a restaurant.
It shall be unlawful for any person, firm, corporation or other
entity to operate an outdoor dining facility within the Township without
first obtaining an outdoor dining facility license therefor in compliance
with the provisions of this chapter. Such license shall not be transferable
from the person or entity to whom the license is issued.
Every applicant for an outdoor dining facility license shall
annually file with the Township Clerk a sworn application which shall
give the following information:
A. The name, address, and telephone number of the applicant.
B. The name, address, and telephone number of the retail food establishment
or tavern where outdoor dining is proposed to be maintained.
C. A detailed description of the proposed outdoor dining 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.
D. Consent of the owner of the premises, if other than the applicant.
E. A statement that the applicant shall indemnify and hold harmless
the Township, its officers, agents and employees from any and all
claims, actions, liability, damages or costs, including reasonable
attorney's fees and other costs of defense arising out of any action
or claim brought against the Township pertaining to the licensee's
operation of an outdoor dining facility.
The annual license fee for each and every premises on which
outdoor dining facilities is conducted shall be $100. The fee shall
be paid with the license application and is not refundable. 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 Township of Manalapan) 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
Township Clerk.
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.
D. The minimum insurance coverage requirements are:
(1) General liability: $1,000,000 per occurrence/$2,000,000 aggregate.
(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) Workers' compensation: statutory requirements.
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 it may deem reasonable and appropriate:
A. Outdoor dining may only be conducted in districts zoned for business
uses.
B. All outdoor dining areas shall be immediately adjacent to the principal
restaurant.
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 clear, open
and unobstructed access between the edge of the outdoor dining tables
and the curbline of the sidewalk.
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. Outdoor dining facility owners, employers, and employees shall not
block, obstruct, or inhibit a building's entrance/egress.
G. Only tables, chairs, benches, umbrellas, and receptacles for garbage
and recycables are permitted within the outdoor dining area.
H. Outdoor dining facility owners, employers, and employees shall not
place any table, chair, bench, sign, umbrella or other item in such
manner as to block or obstruct any municipal sign; receptacles for
garbage and recyclables; public hydrants; or other public amenity.
I. 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.
J. The outdoor dining area and surrounding sidewalk and property areas
shall be kept clean from any and all litter during hours of operation.
K. Customers must be seated in the outdoor dining area during their
patronage. Outdoor dining facility owners, employers, and employees
are prohibited from serving drivers or passengers of all vehicles.
L. All food preparation shall be indoors in the regular kitchen area
of the retail food establishment.
M. Alcohol service and/or consumption at the outdoor dining facility
is subject to further regulation more fully described in this chapter.
N. There shall be no offensive odor emanating from the outdoor dining
facility due to food preparation, handling, spoilage, and/or litter.
O. 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.
P. Outdoor heating components and temporary patio enclosure materials
for inclement weather shall be permitted.
Q. 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. Light music, limited to allow for conversation, shall
be permitted.
R. Hours of operation shall be from 11:00 a.m. to 11:00 p.m., and all
outdoor dining areas must be cleared and washed daily by 11:30 p.m.
S. The Township reserves the right to temporarily suspend an outdoor
dining facility license to allow for construction activity, utility
repairs, special events, or other appropriate reasons as determined
by the Township Committee. Reasonable advance notice will 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 of which an outdoor dining facility
is a part is a licensed premises.
B. Specific approval has been obtained from the appropriate local and
state agencies 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 person violating any of the provisions of this chapter shall,
upon conviction thereof, be subject to a fine not to exceed $1,000
or imprisonment for a term not to exceed 30 days, or both, in the
discretion of the court.