[HISTORY: Adopted by the Township Council of the Township of Parsippany-Troy Hills by Ord. No. 97:21. Amendments noted where applicable.]
The Township Council of the Township of Parsippany-Troy Hills has determined that the establishment of outdoor eating establishments will help to foster a pleasant and distinctive ambience within the Township and that the proper regulation of such establishments is required in the interests of the health, safety and welfare of the people of the Township.
As used in this chapter, the following terms shall have the meanings indicated:
- OUTDOOR EATING ESTABLISHMENT
- Any eating establishment where food and other refreshments are served within the public right-of-way, namely the sidewalks immediately in front of any restaurant, cafe, cafeteria or place of business where food and/or other refreshments are served or where permitted on private property pursuant to the Land Use Ordinance of the Township.
- That area of the public right-of-way reserved for pedestrian traffic from the curb to the front line of the building containing an eating establishment.
No person shall operate an outdoor eating establishment within the Township of Parsippany-Troy Hills without first obtaining a license and satisfying all of the requirements of this chapter.
Each applicant for an outdoor eating establishment license shall submit and file an application with the Township Clerk. The application shall set forth:
The name and address of the applicant;
The name and address of the owner of the eating establishment (if other than the applicant);
The written authorization and approval of the owner of the establishment (if other than the applicant);
A description of the proposed design and location of the outdoor eating establishment and all temporary structures, equipment, and apparatus to be used in connection with its operation, including tables, chairs, planters, awnings, lighting, and electrical outlets (if any);
A statement of the seating capacity of the proposed outdoor eating establishment and of the existing eating establishment operated by the applicant in the adjacent building;
A diagram demonstrating that pedestrian traffic along the sidewalk upon which the outdoor eating establishment is proposed to be located will not be impeded, and that the provisions of § 275-5 shall be satisfied; and
A description of the proposed location of the outdoor eating establishment showing the actual dimensions of the area to be utilized, and the building, street, and sidewalk upon which it fronts and on which it is to be located.
The application shall be referred to the Municipal Engineer, or other appropriate official designated by the Township from time to time, who shall thereupon recommend approval, disapproval or modification of the application within 10 business days following its submission. The Township Clerk may also refer the application to the Chief of Police, the Chiefs of the Fire Districts, the Health Officer, the Municipal Planner and any other municipal official deemed appropriate.
No license shall be issued unless the licensee shall have first filed with the Township Clerk a copy of an insurance policy, issued by a company duly authorized to transact business under the laws of this state, providing for the payment of not less than $500,000 to satisfy all claims for damage by reason of bodily injuries to or the death of any person as a direct or indirect result of the operation of the outdoor eating establishment or for injury to any person occurring on the premises occupied by such establishment, and further providing for the payment of not less than $10,000 to satisfy all claims for property damage occurring as a direct or indirect result of its operation. The insurance policy shall provide that the insurance company shall notify the Township of Parsippany-Troy Hills 30 days prior to cancellation or substantial change in coverage.
No license shall be issued unless the licensee shall have first executed and filed with the Township Clerk an indemnification agreement pursuant to which the licensee, in further consideration of the issuance of the license, shall agree to forever defend, protect, indemnify and save harmless the Township of Parsippany-Troy Hills, its officers, agents and employees from and against any and all claims, causes of action, injuries, losses, damages, expenses, fees and costs arising out of or which may arise out of the licensee's operation of such establishment.
No license shall be issued unless the licensee shall have first executed and filed with the Township Clerk a maintenance agreement pursuant to which the licensee, in further consideration of the issuance of the license, shall agree, at the option of the Township, to either repair at its sole cost and expense any damage caused to the sidewalk by the operation of the establishment or to reimburse the Township in full for all costs and expenses incurred by it in making any such repairs.
Fee. Each applicant for an outdoor eating establishment license shall pay to the Township an application fee of $100. The fee shall be nonrefundable.
[Added 5-24-2016 by Ord. No. 2016:09]
[Amended by Ord. No. 97:24]
No license shall be issued hereunder unless the applicant shall demonstrate that a minimum of three feet of unobstructed paved surface will be available for pedestrian movement around or through such outdoor eating establishment. No food or drink shall be prepared or stored other than in the interior of the eating establishment.
Outdoor eating establishments shall be permitted to operate from April 1 to October 31 in any calendar year. The license, when issued, shall be valid for one season.
No tables, chairs or other equipment used in the outdoor eating establishment shall be attached, chained or in any manner affixed to any tree, post, sign, curb or sidewalk or property of the Township within or near the licensed area.
The licensee shall not direct or permit to be directed to or from the area occupied by the outdoor eating establishment any bell, chime, siren, whistle, loudspeaker, public address system, radio, sound amplifier or similar device.
No outdoor eating establishment shall open for business prior to 11:00 a.m. nor remain open for business after 11:00 p.m. All persons occupying the outdoor eating establishment shall vacate the same no later than 11:00 p.m.
Within 30 minutes after the closing of the outdoor eating establishment, the operator shall have all furniture, apparatus, decorations and appurtenances and any other items used in connection with the operation of such outdoor eating establishment removed from the sidewalk. All such materials shall be stored in a safe and secure interior location.
The Township shall not require additional parking for outdoor cafe seating, provided that the number of seats in the outdoor cafe does not exceed 30% of the total number of seats in the restaurant, and further provided that any restaurant may install up to three outside tables without it affecting the parking standard. The Township parking standard shall be applied to any seating which exceeds this calculation.
Upon a determination by an officer or employee of the Township charged with the responsibility for enforcing the provisions of this chapter that a licensee has violated one or more of such provisions, such officer or employee shall give written notice to the licensee to correct such violation within 24 hours of the receipt of such notice by the licensee. In the event that the licensee fails or refuses to correct such violation within such period, the licensee's license shall be thereupon and automatically revoked.
Upon the revocation of such license, the licensee, upon written request, shall be entitled to a hearing before the Township Council within 14 days of the date of its request.
Any person convicted of a violation of any of the provisions of this chapter shall be subject to a fine not to exceed $500 or 90 days imprisonment, or both. Each violation of a section or subsection of this chapter, and each day that a violation continues, shall constitute a separate offense.