[HISTORY: Adopted by the Mayor and Council of the Borough of Wood-Ridge 12-2-2020 by Ord. No. 2020-15. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the following meanings indicated:
- Any tables, chairs, tents, umbrellas, canopies, and such other equipment necessary to provide an outdoor dining area and protect customers and staff from inclement or intemperate weather.
- FOOD ESTABLISHMENT
- Any business, including restaurants, retail food establishments, hotels and catering halls, that cooks, prepares, serves and sells food on its premises for consumption by customers.
- ON-PREMISES DINING AREA
- A designated area on the premises of a food establishment, but outside the principal building, including yards, patios, decks, balconies, rooftops, parking lots, walkways, and driveways
- OUTDOOR DINING AREA
- Both sidewalk dining areas and on-premises dining areas as defined in this chapter.
- SIDEWALK DINING AREA
- A designated area of a public sidewalk or right-of-way adjacent to the property of a food establishment.
Any food establishment proposing to provide an outdoor dining area, or areas, shall be required to apply to the Borough Clerk for an outdoor dining permit. The Borough Clerk shall review the application for completeness and compliance with all applicable laws, ordinances, and regulations. The Borough Clerk shall also refer the application to the Borough Zoning Officer and any other Borough Official deemed necessary to provide for the proper and thorough review of the application.
The application for an outdoor dining permit shall include the following:
A detailed plan showing the layout and placement of all fixtures in the designated outdoor dining area, including the proposed maximum seating capacity.
A plan for the control of litter, removal of garbage and cleaning of the fixtures and grounds in the designated outdoor dining area; public receptacles for garbage shall not be used and outdoor storage of refuse shall not be permitted.
Written consent of the owner of the premises, if other than the applicant.
An insurance certificate naming the Borough of Wood-Ridge as an additional insured, with general liability on an occurrence with at least a $1,000,000 limit of liability, in respect to losses arising solely from the operation of the outdoor dining facility.
An indemnification agreement with the Borough of Wood-Ridge providing that in consideration of the issuance of the outdoor dining permit, the applicant shall forever agree to defend, protect, indemnify and save harmless the Borough of Wood-Ridge, its officers and agents for damages, expenses, fees and costs, including attorney's fees, that arise out of the applicant's operation of such outdoor dining facility, which shall be maintained at all times.
In reviewing of an application for an outdoor dining permit, the Borough Zoning Officer may, at his or her own discretion, require the submission of a site plan application for review and approval by the Borough's Land Use Board.
An outdoor dining permit shall not be issued to any food establishment that: (1) is delinquent in any fees or taxes owed to the Borough of Wood-Ridge, County of Bergen and/or State of New Jersey, (2) has failed an inspection or been found to be noncompliant with any applicable municipal codes related to health, sanitation, litter, noise, fire, building, construction and/ or property maintenance, (3) is the subject of any enforcement action by the Borough of Wood-Ridge or State of New Jersey related to alcoholic beverage control, (4) is in violation of any provision of this chapter, or any and all other laws, rules, regulations and codes applicable to the proposed activity and/or (5) has violated any provision of this chapter in the preceding six months.
An outdoor dining permit shall be issued by the Borough Clerk upon (1) the approval of all Borough Officials reviewing the application and (2) the determination that the application complies with all the provisions of this chapter and all other applicable laws, ordinances and regulations.
No fee shall be charged for an outdoor dining permit or its application.
An outdoor dining permit shall be valid from the date of issuance until December 31 of the year of issuance and must be renewed each subsequent year by submitting an application pursuant this section.
An outdoor dining permit may not be transferred in any way.
The Borough reserves the right to revoke any outdoor dining permit for (1) a violation of any of the terms and conditions of this chapter, (2) the lapse of the insurance and indemnification required to be maintained at all times by § 380-2, and/or (3) the violation of any law, ordinance or regulation of the Borough of Wood-Ridge and/or State of New Jersey.
The Borough reserves the right to revoke or refuse to reissue any outdoor dining permit issued hereunder, and accordingly no property rights are granted to any person(s) or entities by virtue of the issuance of any permit hereunder. All persons(s) and/or entities selecting to pursue a permit in accordance with the provisions of this chapter are hereby given notice that the expenditure of any funds, or the incurrence of any costs, in reliance upon the provisions of this chapter shall be at their sole and exclusive expense. All persons and/or entities are hereby given notice that the risk of loss for any expenditure and/or costs incurred shall be their sole and exclusive responsibility.
Food establishments shall be permitted to provide outdoor dining, including the consumption of alcoholic beverages, in on-premises dining areas, subject to the following conditions:
Food establishments must possess a valid outdoor dining permit and fully comply with all its conditions at all times.
Food establishments shall only provide outdoor dining in the outdoor dining areas designated in the outdoor dining permit issued for that particular establishment.
Food establishments are permitted to place and use fixtures in outdoor dining areas.
The use of fixtures or equipment requiring the installation of gas, electric, water or sewer connections are subject to all applicable building code permits and inspections.
Food establishments must fully comply with all applicable laws, ordinances and regulations including, but not limited to, health, sanitation, litter, alcoholic beverage control, noise, property maintenance, and zoning, unless expressly exempted by this chapter.
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.
All food preparation shall be conducted indoors in the regular kitchen area of the food establishment.
The Borough reserves the right to order the temporary suspension of outdoor dining and removal of all fixtures due to predicted high winds, predicted severe inclement weather, or other emergency which may cause said fixtures to pose a risk to the safety of the public.
Food establishments shall be permitted to provide outdoor dining, including the consumption of alcoholic beverages, on sidewalk dining areas, subject to the following conditions:
The public sidewalk area to be utilized is limited to the width of the food establishment's property, except that sidewalks of adjacent properties may be utilized with the written consent of the adjacent property owner.
A straight walking path not less than four feet wide must be maintained so as to not obstruct pedestrian traffic.
All fixtures must be removed from the public sidewalk at the conclusion of each day.
The Borough reserves the right to order the temporary suspension of outdoor dining and the removal of all fixtures due to road or utility construction, predicted snow and/or ice storms, the need to remove snow and/or ice and/or any other public emergency that may arise.
Food establishments shall be permitted to provide for the sale and/or consumption of alcoholic beverages in outdoor dining areas, subject to the following conditions:
The patrons must be seated and must be engaged in the act of dining on food that is purchased from the food establishment.
BYOB privileges for wine and malt alcoholic beverages are expressly permitted, subject to N.J.S.A. 2C:33-27.
Food establishments that possess a plenary retail consumption liquor license may sell and serve alcoholic beverages in outdoor dining areas, provided that they must have indoor seating capacity for at least 50 patrons.
All alcoholic beverage control laws, ordinances and regulations shall apply.
For food establishments located in the RB Retail Business District, outdoor dining areas shall not be permitted to operate at any time between the hours of 12:00 midnight and 9:00 a.m. and after 11:00 p.m. on Sundays through Wednesdays and between the hours of 12:00 midnight and 9:00 a.m. on Thursdays through Saturdays.
For food establishments located in the GB General Business District, outdoor dining areas shall not be permitted to operate at any time between the hours of 2:00 a.m. and 8:00 a.m., seven days per week,
Nothing in this chapter shall be construed so as to permit liquor stores or taverns to provide outdoor dining or outdoor consumption of alcoholic beverages.
Nothing in this chapter shall be construed so as to permit any other sales, display or storage of merchandise or goods, or the performance of any other commercial service or activity outside any food establishment, or any other business establishment, unless expressly permitted.
Notwithstanding any provisions of this chapter, the Mayor and Council may waive or modify any of the provisions, conditions and/or requirements of this chapter, upon receipt of a request from a food establishment, by adopting a resolution to that effect.
The seating provided in outdoor dining areas shall not be counted for the purpose of determining or judging the parking requirements or occupancy limitations of a food establishment.
Outdoor dining shall not constitute a violation of the Borough's Zoning Code which restricts the placement of fixtures on public sidewalks and/or rights-of-way.
All ordinances or parts of ordinances inconsistent herewith are hereby repealed and this chapter shall take effect immediately upon final passage and publication as provided by law.