[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.
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.
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
Both sidewalk dining areas and on-premises dining areas as
defined in this chapter.
A designated area of a public sidewalk or right-of-way adjacent
to the property of a food establishment.
A.
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.
B.
The application
for an outdoor dining permit shall include the following:
(1)
A detailed
plan showing the layout and placement of all fixtures in the designated
outdoor dining area, including the proposed maximum seating capacity.
(2)
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.
(3)
Written
consent of the owner of the premises, if other than the applicant.
(4)
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.
(5)
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.
C.
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.
D.
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.
E.
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.
F.
No fee
shall be charged for an outdoor dining permit or its application.
G.
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.
A.
An outdoor
dining permit may not be transferred in any way.
B.
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.
C.
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.
A.
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:
(1)
Food
establishments must possess a valid outdoor dining permit and fully
comply with all its conditions at all times.
(2)
Food
establishments shall only provide outdoor dining in the outdoor dining
areas designated in the outdoor dining permit issued for that particular
establishment.
(3)
Food
establishments are permitted to place and use fixtures in outdoor
dining areas.
(4)
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.
(5)
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.
(6)
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.
(7)
All
food preparation shall be conducted indoors in the regular kitchen
area of the food establishment.
(8)
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.
B.
Food establishments
shall be permitted to provide outdoor dining, including the consumption
of alcoholic beverages, on sidewalk dining areas, subject to the following
conditions:
(2)
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.
(3)
A straight
walking path not less than four feet wide must be maintained so as
to not obstruct pedestrian traffic.
(4)
All
fixtures must be removed from the public sidewalk at the conclusion
of each day.
(5)
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.
C.
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:
(3)
The
patrons must be seated and must be engaged in the act of dining on
food that is purchased from the food establishment.
(4)
BYOB
privileges for wine and malt alcoholic beverages are expressly permitted,
subject to N.J.S.A. 2C:33-27.
(5)
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.
(6)
All
alcoholic beverage control laws, ordinances and regulations shall
apply.
A.
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.
B.
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,
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
