As used in this article, the following terms shall have the meanings indicated:
ADJACENT BUILDING
The building which fronts the walkway or the outdoor area designated as the location for the outdoor cafe.
OUTDOOR CAFE
A retail food establishment, as defined herein, which serves food to be consumed by the public:
A. 
At tables located within a portion of a walkway which lies within the area bounded by the parking lot and the adjacent building; or
B. 
At tables located 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.
PERSON
Any individual, partnership, corporation, association or other entity.
REQUIRED PEDESTRIAN PASSAGEWAY
An area of walkway, parallel to the adjacent building, which area is at least 4 feet wide, which shall be unobstructed by tables and chairs used in conjunction with the outdoor cafe.
REQUIRED SERVICE DOOR
Dedicated doorway for use exclusively by wait staff and restaurant personnel to service the outdoor café.
[Ord. No. 53-2014]
RETAIL FOOD ESTABLISHMENT
The establishment actually located within the adjacent building for which a current retail food establishment license has been issued by the Health Officer.
WALKWAY
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.
[Amended 6-4-2025 by Ord. No. 37-2025]
A. 
No person or business shall operate outdoor dining within the Township of Wayne without first having obtained an endorsement from the Township of Wayne Health Department to operate a valid retail food establishment as defined in § 149-19; and
B. 
No person or business shall operate outdoor dining within the Township of Wayne without first having obtained an annual endorsement by the Health Department and paying the required fee under Chapter 75.
[Amended Ord. No. 53-2014; 4-6-2022 by Ord. No. 14-2022; 6-21-2023 by Ord. No. 25-2023; 6-4-2025 by Ord. No. 37-2025]
An outdoor dining authorized and operating pursuant to this article shall comply with all of the following rules and regulations:
A. 
(Reserved)
B. 
(Reserved)
C. 
Licensees must provide for the disposal of recyclable cans/bottles and garbage. Dining areas shall be kept clean at all times.
D. 
Licensees are prohibited from serving drivers or passengers of vehicles. All customers must be seated in order to be served.
E. 
All food preparation shall be in the kitchen of the retail food establishment. Food preparation outside of the retail food establishment is prohibited.
F. 
All outdoor food service is subject to the regulations contained in N.J.A.C. 8:24-1.1 et seq., Chapter 24 of the New Jersey Sanitary Code, the New Jersey Smoke-Free Air Act (N.J.S.A. 26:3D-55 et seq.), as well as the regulations of the Township Department of Health.
G. 
(Reserved)
H. 
No outdoor dining shall be open for business prior to 7:00 a.m. nor remain open for business after 12:00 a.m.
I. 
No alcohol service or consumption of alcoholic beverages is permitted in the outdoor dining unless the licensee has a valid plenary retail consumption license issued by the Township Clerk and the licensee has filed with the Township Clerk an application for a place-to-place transfer (expansion of premises) for his/her liquor license. Notwithstanding the foregoing, the patrons of a restaurant, as herein defined, which does not have a valid plenary retail consumption license may be permitted by the ownership of the restaurant to bring to the restaurant and consume wine and/or malt alcoholic beverages in the outdoor dining. The management may supply glasses, ice and other related items to the patron. Under no circumstances shall spirits or liquors be permitted to be brought to the premises and consumed on the premises.
J. 
(Reserved)
K. 
Noise shall be kept at such a level as to comply in all respects with the provisions of applicable ordinances.
L. 
(Reserved)
M. 
(Reserved)
N. 
(Reserved)
O. 
There shall be an annual inspection fee for an outdoor dining endorsement as set forth in Chapter 75, Fees.
P. 
No smoking of any kind permitted in any outdoor cafe including but not limited to: cigarette, cigar, pipe, electronic vaping device, hookah and cannabis.
[1]
Editor's Note: Former § 149-35, Vehicular impact protection, with history including Ord. No. 53-2014, was repealed 6-4-2025 by Ord. No. 37-2025.
An endorsement to a retail food establishment license for an outdoor cafe may be suspended and/or revoked for good cause after a hearing before the Township Council. Good cause shall include, but not be limited to, a misrepresentation of the information supplied in the application or a violation of this article.
When no other penalty is prescribed by law, any person who violates any provision of this article shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-15.