[HISTORY: Adopted by the Board of Health of the Borough of
Pompton Lakes 10-23-2017 by Ord. No. BH 17-02. Amendments noted
where applicable.]
[Added 10-23-2017 by Ord.
No. BH 17-02]
As used in this chapter, the following terms shall have the
meanings indicated.
The building which fronts the walkway or the outdoor area
designated as the location of the outdoor cafe.
A retail food establishment which serves food to the public:
At tables located within a portion of a walkway which lies within
the area bounded by a parking lot or roadway and adjacent building;
or
At tables in an outdoor area other than the walkway, which area
is adjacent to the retail food establishment and has direct access
to the retail food establishment.
An area of walkway parallel to the adjacent building which
is at least four feet wide and which shall be unobstructed by tables,
chairs or other equipment used in conjunction with the outdoor cafe.
Dedicated doorway for use exclusively by restaurant personnel
to service the outdoor cafe.
The establishment actually located within the adjacent building
for which a current retail food establishment license has been issued.
The paved surface provided for the exclusive use of patrons
and the public and situated between and extending from the adjacent
building to the curb of any parking lot or roadway.
[Added 10-23-2017 by Ord.
No. BH 17-02]
No person or business shall operate an outdoor cafe without
first having obtained a retail food establishment license.
[Added 10-23-2017 by Ord.
No. BH 17-02]
An application for an outdoor cafe endorsement to a retail food
establishment license shall be filed with the Health Officer on forms
provided by the Health Officer which shall include:
A.
The name and address of the applicant.
B.
The name and address of the retail food establishment.
C.
A proposed layout of:
1.
The premises, indoor and outdoor, and the adjacent parking lot or
roadway location showing the walkway area.
2.
The designation of the outside cafe area.
3.
The capacity of the retail food establishment and the proposed outdoor
cafe.
4.
Proposed adequate pedestrian circulation.
5.
Location of doors to and from the retail establishment and outdoor
cafe and a designation of which doors are dedicated service doors.
6.
The dimensions of the outdoor cafe area and the number of tables
and chairs to be used.
D.
The applicant shall obtain all building, zoning, plumbing, electrical
and such other permits as may be required by the Borough and/or the
Health Officer to accommodate the outdoor cafe.
[Added 10-23-2017 by Ord.
No. BH 17-02]
The plans for the outdoor cafe required by this Chapter or as
otherwise required by any Borough Official or the Health Officer shall
be reviewed and approved, if appropriate, before the issuance of any
outdoor cafe endorsement.
[Added 10-23-2017 by Ord.
No. BH 17-02]
An outdoor cafe shall comply with the following:
A.
The walkway dining area shall not inhibit pedestrian movement along
the walkway in such manner as to cause the pedestrian to enter the
parking area or roadway.
B.
Only tables, chairs, planters, awnings, umbrellas and equipment customarily
associated with or required to operate the outdoor cafe, if approved
by the retail food establishment site plan approval or any land use
board approval, shall be permitted.
C.
Licensees shall provide for the disposal of recyclable items and
garbage. The outdoor cafe shall be kept clean and free of debris at
all times.
D.
Only customers seated in the outdoor cafe may be served in the outdoor
cafe.
E.
Food preparation in the outdoor cafe is prohibited.
F.
Outdoor food service is further subject to N.J.A.C. 8:24-1.1 et seq.
and Chapter 24 of the New Jersey Sanitary Code.
G.
All permitted items in the outdoor cafe shall be limited to the area
designated and approved as the outdoor cafe and shall not encroach
upon the walkway area or block or cover adjacent store fronts, doors
or windows of other business establishments.
H.
No outdoor cafes shall be open for business before 7:00 a.m. or after
midnight.
I.
Alcohol service and consumption is permitted in the outdoor cafe
only in such establishments having a valid plenary retail consumption
license and the licensee having filed with the Borough Clerk an application
for a place to place transfer (expansion of premises) of the liquor
license. Notwithstanding, the licensee may permit BYOB of wine and
malt alcoholic beverages and may provide glasses, ice and other related
items for same. Spirits and liquors are prohibited.
J.
The outdoor cafe perimeter shall be located not less than 200 feet
from the boundary of any residential property unless otherwise approved
by an appropriate land use board of he Borough.
K.
Noise and lighting shall comply with all State laws and Borough ordinances
and the establishment site plan approval.
L.
All outdoor cafe endorsements shall be submitted to the Mayor and
Council for final approval or rejection.
M.
Request for waivers of any provision of this chapter, other than
zoning provisions, shall be submitted to the Health Officer. The Health
Officer shall submit the request to the Mayor and Council which shall
conduct a hearing. Notice of the hearing shall be provided by the
applicant to all property owners who require notice in accordance
with the provisions of N.J.S.A. 40:55D-1 et seq. Site plan waivers
or any other zoning waiver or variance shall be submitted to the appropriate
land use board.
[Added 10-23-2017 by Ord.
No. BH 17-02; amended 3-5-2018 by Ord. No. BH 18-01]
All outdoor cafes shall provide vehicular impact protection
if the outdoor cafe is adjacent to any parking area or area in which
there is vehicular traffic. Unless otherwise set forth in the Borough
Zoning Code or as required by any land use approval of any Borough
land use board, the proposed protection system shall be submitted
to the Construction Official for approval. Unless otherwise required
by the land use approvals for the site, the minimum distance between
protection elements shall be five feet. Means of egress or barrier
free access shall not be diminished by the granting of the endorsement.
[Added 10-23-2017 by Ord.
No. BH 17-02]
The suspension or revocation of an endorsement shall be handled in accordance with Chapter BH:8.
[Added 10-23-2017 by Ord.
No. BH 17-02]
Licensing fees shall be assessed in an amount equal to the licensing fees established for retail food establishments set forth in Chapter BH:7.
[Added 10-23-2017 by Ord.
No. BH 17-02]
Violations and penalties shall be in accordance with Chapter BH:1.
