[HISTORY: Adopted by the Council of the Borough of Fair Lawn 11-22-2022 by Ord. No. 2640-2022. Amendments noted where applicable.]
A. 
The purpose of this chapter is to provide for the licensing and regulation of drive-through restaurant facilities that are granted conditional use approval under Chapter 125, Land Development, at § 125-45.6C, of the Code of the Borough of Fair Lawn 2000.
B. 
This chapter requires permits, establishes fees, and provides for penalties for violations.
As used in this chapter, the following terms shall have the meanings indicated:
DRIVE-THROUGH RESTAURANT
Restaurants, drive-through, as defined in § 125-8, Definitions.
LICENSE ADMINISTRATOR
The Borough Clerk, or his/her designee, who shall administer the licensing provisions of this chapter.
LICENSEHOLDER
An individual, corporation, partnership, association, organization or similar entity issued a license to operate a drive-through restaurant within the Borough of Fair Lawn.
RESPONSIBLE PARTY
A person capable of being at the drive-through restaurant site to ensure the safe, unimpeded movement of vehicles at street access points and within the travel aisles and parking space areas to ensure that vehicular queues do not back up onto public streets.
SERVICE AREAS
The service area is where the first point of service occurs at a drive-through restaurant. The following activities are considered points of service: menu boards and service windows.
STACKING LANES
The space occupied by vehicles queuing for the service to be provided.
VEHICULAR QUEUE
A vehicle is considered as queued when it approaches within one car length of a stopped vehicle and is itself about to stop.
A. 
Issuing authority. All licenses required by this chapter shall be issued by the Borough Clerk subject to approval of the Borough Council.
B. 
The Borough Clerk, or his or her designee, shall carry out the licensing duties and functions described in this chapter.
A. 
License required. No person shall operate a drive-through restaurant within the Borough without first obtaining a license in accordance with the provisions of this chapter.
B. 
License term. All licenses shall run from January 1 to December 31 of each year. License fees shall be prorated on a per diem basis, from the effective date of the license to December 31.
C. 
License fees shall be as set from time to time by resolution of the Borough Council.
A. 
Vehicular queues for service areas and stacking lanes are prohibited from backing up onto public streets.
B. 
The license holder is responsible for designating a responsible party to monitor vehicular traffic entering the drive-through restaurant and to ensure that vehicular queues do not back up onto public streets.
C. 
The license holder is subject to fines and/or revocation of its drive-through license for violating the prohibition of vehicular queues on public streets.
A. 
Any license issued under this chapter may be suspended or revoked, after notice and an opportunity to be heard, for violation of any of the provisions contained therein.
B. 
A license suspension or revocation, after hearing in accordance with Subsection A of this § 90-6, may be imposed in addition to penalties, upon a conviction in Municipal Court in accordance with § 90-7.
C. 
Suspension or revocation of a license shall be in addition to any other penalty that may be imposed for a violation of this chapter.
A. 
A license holder violating any of the provisions of this chapter, and any individual, corporation, partnership, association, organization or similar entity operating a drive-through restaurant without first obtaining a license pursuant to this chapter, shall, upon conviction thereof in Municipal Court, be liable to the penalty stated in Chapter 1, General Provisions, Article III, General Penalty Provisions.
B. 
Each day that such violation continues shall be considered a separate offense.