[Adopted 10-1-2018 by Ord. No. 2018-13]
The purpose of this article is to establish a procedure and authorize rules and regulations thereunder for the licensing of outdoor cafes located on public property or within the public right-of-way in the Borough of Palmyra. The Borough has determined that outdoor cafe seating areas will promote the public interest by adding to the active and attractive pedestrian environment created by them and provide the opportunity for creative, colorful, pedestrian-focused commercial activities on a day, night and seasonal basis, which activities are aesthetically pleasing and will add to the excitement, charm, vitality and diversity of the Borough. Outdoor cafes differ from outdoor dining in that outdoor cafes are temporary spaces where outdoor furniture is not fixed into the ground.
A. 
The provisions of this article apply only to outdoor cafes that are outdoor eating facilities on public property and/or within the public right-of-way. Outdoor eating facilities proposed for private property must be approved under the site plan and other applicable zoning regulations of the Code of the Borough of Palmyra. Outdoor cafes must also meet any and all requirements imposed by any other applicable statutes, regulations and ordinances, including Burlington County Board of Health requirements.
B. 
Outdoor cafes regulated by this article shall only be operated by, and adjacent to, an existing commercial service establishment, which excludes convenience retail stores, both terms as defined below.
C. 
Outdoor cafes may be operated annually only from April 1 through November 30.
D. 
Outdoor cafes shall not offer services before 8:00 a.m. daily or after 10:00 p.m. Sunday through Thursday and after 11:00 p.m. on Friday and Saturday.
E. 
The consumption of alcohol may be permitted only in those outdoor cafes where service of alcohol is permitted in the commercial service establishment only to the extent as permitted by state and/or municipal law.
F. 
Permits issued pursuant to this article shall be nontransferable.
For the purpose of this section, the following words shall have the following meanings:
COMMERCIAL SERVICE ESTABLISHMENT
An establishment located in a building that sells food or beverages to patrons for their consumption while on the premises. No food or drinks served at the outdoor cafe shall be prepared or stored other than in the interior of the service establishment.
CONVENIENCE RETAIL STORE
"Convenience retail store" means an establishment not exceeding 3,000 square feet in gross floor area that does not contain as an approved use the consumption of food and/or drink on the premises. Typical uses include small food stores, drug stores, and variety stores selling confectionery, tobacco, groceries, beverages, pharmaceutical and personal care items, hardware or printed matter. This use does not include cannabis, medical or retail sales.
DISPOSABLE FOOD SERVICEWARE
Single-use disposable products used by a food provider for serving or transporting prepared, ready-to-consume food or beverages including but not limited to plates, cups, cup lids, plastic straws, bowls, trays, and hinged or lidded containers or utensils.
OUTDOOR CAFE SEATING AREA ("OUTDOOR CAFE")
Temporary dining area located upon public property, the public right of way, or the sidewalk; being authorized to operate during the business hours of a commercial service establishment and during the period from April 1 to November 30 of each year. All outdoor facilities in this area are temporary in nature, are not permanently affixed on or above the sidewalk, involve no penetration of the sidewalk surface, are not attached to any building, and are readily removable without damage to the surface of the sidewalk.
PERSON
The individual(s), firm, partnership, corporation, association or organization of any kind who or which shall create, establish, operate, maintain or otherwise be engaged in the business of conducting an outdoor cafe.
SIDEWALK
That area of the public right-of-way reserved for pedestrian traffic from the curb to the front line of the building housing the commercial service establishment.
It shall be unlawful for any individual(s), firm, partnership, corporation, association or organization of any kind (hereinafter collectively referred to and defined above as "person") to create, establish, operate, maintain or otherwise be engaged in the business of conducting an outdoor cafe unless such person shall hold a currently valid license issued pursuant to the terms of this section. No outdoor cafe license shall be issued hereunder unless the person submits an application which demonstrates that the outdoor cafe meets the requirements of the zoning district in which the outdoor cafe is to be located.
Application for the license required hereunder shall be made to the Zoning Officer and shall be signed by the person as "applicant." The application shall contain the following information:
A. 
For the owner, proprietor, partnership, corporation, limited liability company or other form of business entity applying for the license, the name, address, email, and telephone number of each owner as well as the names of the persons who will be present to supervise the operations during regular business hours.
B. 
A copy of the trade, corporate, business, or fictitious name upon which the applicant intends to do business pursuant to this section.
C. 
The address and description of each place where the applicant intends to establish or operate an outdoor cafe.
D. 
The name and address of the person owning the premises, if other than the applicant, and the consent of the owner of the premises to the application.
E. 
One set of a proposed layout plan containing scaled drawings prepared and drawn to scale clearly illustrating the number, type of materials, color and location of all tables, chairs, umbrellas, or other furnishings or fixtures intended to be located in the outdoor cafe which shall be consistent with Palmyra's outdoor cafe design guidelines as set forth below. The scaled drawings shall also illustrate the following:
(1) 
The location of any doors leading from the commercial service establishment to the outdoor cafe. No such doors may be obstructed in any manner.
(2) 
The number of feet and location of unobstructed space permitting free passage of pedestrian traffic around each outdoor cafe.
(3) 
The location and boundaries of the place where any food or drink is intended to be prepared and served outdoors.
(4) 
The enclosure or protective barrier separating the dining or activity area of each outdoor cafe from pedestrian traffic, which shall be indicated by a plan, elevation and section.
(5) 
Existing sidewalk conditions and features located within the boundaries of the proposed outdoor cafe and within 10 feet of such boundaries: bus stops and passenger shelters, fire hydrants, utility poles, benches, handicap ramps, street furniture (such as trash receptacles and bike racks), trees, traffic signal poles, traffic and parking signs, parking meters, and any other fixtures permanently located on the sidewalk in front of the commercial service establishment or within 10 feet thereof on either or any side; and the boundaries of any existing adjacent commercial service establishment.
(6) 
The type and location of any proposed outdoor lighting and fixtures including the following information: mounting height, lamp type and lumens. Any open-flame-type fixture shall only be permitted with the approval of the Fire Official.
(7) 
The existing sidewalk paving material and width measured from the building to the face of the curb and from the proposed commercial service establishment seating area to the face of the curb.
(8) 
An application fee as set forth in the Borough of Palmyra Code Chapter 292, Retail Food Establishments, Article II, Licensing, as may be amended from time to time.
(9) 
Photographs or other graphic representations, together with specifications, which depict the design, materials and colors of chairs, tables, umbrellas, barriers and other appurtenances to be located within the boundaries of the proposed outdoor cafe.
(10) 
Photograph(s) of the proposed site of the commercial service establishment and within 10 feet thereof, showing the relationship of the site to the adjacent building and showing the features enumerated in this section.
(11) 
See also Article VIII, Outdoor Cafes and Seating Areas, for additional standards.
The Zoning Officer shall review the application for completeness and compliance with the terms of this section. If the application is complete, the Zoning Officer shall act upon the same within 10 business days after the application becomes complete, as determined by the Zoning Officer. If the application is not complete, the Zoning Officer shall so notify the applicant within 10 business days of the submission and specifically detail the areas in which the application lacks compliance with the requirements of the section.
If the application complies with this section, the Zoning Officer shall issue a license strictly subject to the terms and conditions of this section. Issuance of a license for an outdoor cafe shall also include the right to utilize street furniture and two permits or fees shall not be required, only a fee for outdoor cafe licensure.
An approved one-time license shall be considered valid until a change of ownership, tenancy, use or a violation is recorded. All local fees and taxes required by law relative to the commercial service establishment with which the proposed outdoor cafe is associated and the property on which the establishment is located shall be paid in full and all other required licenses shall be current prior to issuance of an outdoor cafe license.
The license is personal to the applicant, and any change or transfer of ownership or tenancy of the outdoor cafe seating area shall terminate the license and require a new application in conformance with all of the requirements of this section.
Acceptance of the license by the applicant shall operate as a consent to the Health, Fire, Police and Building Officials of the Borough to inspect the outdoor cafe for continued compliance with the terms and conditions of this section and any federal, state, county or local law, ordinance or regulation affecting the same.
No license required by this section shall be granted to any person to operate an outdoor cafe until such person shall have filed with the Zoning Officer a statement agreeing to indemnify and hold harmless the Borough of Palmyra, its agents, servants, representatives or employees from any or all claims, damages, judgment costs or expenses, including attorneys' fees, which they or any of them may incur or be required to pay because of any personal injury, including death, or property damage suffered by any person or persons as a result of or related in any way to the operation and maintenance of the outdoor cafe for which the license is issued.
Any license issued hereunder is issued solely as a revocable license, which shall be subject to revocation or suspension by the Zoning Officer for failure of any licensee to comply with this section or for violation of any other applicable federal, state, county or municipal law, regulation or ordinance. Any license issued hereunder is issued upon the express understanding that the licensee obtains no property right thereunder nor any interest in the continuation of said license. Before revocation of an outdoor cafe license, the Zoning Officer shall provide written notice to the commercial service establishment and property owner setting forth the effective date of the revocation and the grounds therefore.
A. 
Cleanliness of area. Each licensee is responsible for keeping the area of the outdoor cafe and the adjacent sidewalks and streets free and clear of debris or litter occasioned by the outdoor cafe. Areas must be cleaned as needed and at the time that business is closed and at the beginning of each business day, but not later than 9:00 a.m.
B. 
Vending machines. No vending machines of any kind are permitted on the exterior of any building operating an outdoor cafe.
C. 
Public disturbance. The outdoor cafe shall be operated in such manner that will not create a public nuisance or constitute a hazard to the public health, safety or welfare.
D. 
Superseding public need. If the Zoning Officer determines that there is a superseding public need relative to the portion of the sidewalk occupied by or otherwise affected by the outdoor cafe, the outdoor cafe shall be dismantled and removed by the owner-operator within 10 days upon written notice by the Zoning Officer, unless the Zoning Officer determines that there is a public necessity for earlier removal upon which the Zoning Officer shall specify an earlier date of removal.
The approved outdoor cafe license and related plan for layout and arrangement shall be available on the premises of the food or beverage commercial service establishment.
In addition to the powers of suspension or revocation as set forth above, the Borough reserves the right to modify, suspend or revoke any license on 10 days' written notice if the Borough determines that the pedestrian operation of the outdoor cafe has violated the terms and/or conditions of its approval, is a hazard to public safety or because of any other safety issue within the Borough because of such operation. The license may also be suspended or revoked on 10 days' written notice in the event the Borough determines that it is necessary to utilize the area or any part thereof for the maintenance or installation of underground utilities.
In accordance with N.J.S.A. 40:55D-72(a) and related Borough ordinances, an applicant may file an appeal with the Borough of Palmyra Land Use Board within 30 days of a decision of the Zoning Officer.
Outdoor cafes shall be permitted to be operated from April 1 to November 30 in any calendar year.
Any change or transfer of ownership of the outdoor cafe seating area shall terminate the license; or, in the event that the license is temporarily or permanently suspended or revoked, the licensee will at its own cost and expense vacate the sidewalk space and promptly remove any property placed thereon. Failure to do so on five days' written notice shall grant to the Borough the right to remove any property on the sidewalk, and the licensee agrees to reimburse the Borough for the cost of removing and storing the same.
No tables, chairs or other equipment used in the outdoor cafe shall be attached, chained or in any manner affixed to any tree, post, sign, curb or sidewalk or property for the Borough of Palmyra within or near the licensed area. All equipment used in connection with the operation of an outdoor cafe shall be of sufficient size and weight to avoid being blown about by the wind. All outdoor seating area related equipment shall be removed at the end of each and every evening and secured within the confines of the building. No equipment, tables, chairs or any other material of any kind shall be permitted to remain outdoors during hours in which the business is not open to the public and operating.
No signs shall be permitted in the area of the outdoor cafe except easel, sandwich board and awning signs complying with the Borough of Palmyra Code Chapter 158, Land Development, Article X, Signs, as may be amended from time to time. There shall be no logos or advertising upon any umbrellas without prior approval of the Palmyra Land Use Board.
A. 
Preparation. Design guidelines for outdoor cafes shall comply with applicable provisions of the uniform statewide building code, the current edition of ADA standards for accessible design and other applicable codes, ordinances and regulations as may be promulgated from time to time.
B. 
Compliance. Every outdoor cafe shall be designed and operated in compliance with the design guidelines.
A. 
Removal in case of storm warning. All tables, chairs, umbrellas, barriers and other fixtures and appurtenances shall be removed from the outdoor cafe in case of a severe storm warning by the National Weather Service.
B. 
Certain activities not permitted within the outdoor cafe. There shall be no live entertainment, food or beverage preparation or service to standing patrons.
C. 
Neither the outdoor cafe nor the commercial service establishment shall permit smoking.
D. 
Disposable food serviceware as defined under this article is prohibited. These include but are not limited to plates, cups, bowls, trays, and hinged or lidded containers. Disposable food serviceware also includes single-use disposable items such as plastic straws, cup lids or utensils.
E. 
Additional sidewalk clearance may be required by the Zoning Officer and the Borough, where pedestrian traffic or other circumstances warrant, such as commercial streets that have higher volumes of pedestrians than residential streets.
F. 
Clear unobstructed height of seven feet must be maintained between the sidewalk surface and overhead objects including umbrellas.
G. 
See also Article VIII, Outdoor Cafes and Seating Areas, for additional standards.
H. 
Outdoor cafe areas may be defined with approved nonstationary barriers.
I. 
Lighting must not cause glare to pedestrians or vehicular traffic.
J. 
Outdoor cafes are subject to compliance with all ADA regulations.
Any person who violates or neglects to comply with any provision of this article or the code established herein, on notice issued pursuant thereto shall, upon conviction thereof, be liable for a penalty of not less than $50 nor more than $100 for each violation to the applicant.