[HISTORY: Adopted by the Township Committee
of the Township of Cranbury 9-11-2006 by Ord. No. 08-06-20. Amendments noted where applicable.]
As used in this chapter, the following words
and phrases shall have the meanings indicated:
The holder of a valid outdoor dining license under the terms
and provisions of this chapter.
A sign affixed to the building of a restaurant that displays
the menu of such restaurant and is not freestanding.
Any area designated on the subject property and/or on the
sidewalk within the public right-of-way that is approved by the Township
for use for outdoor dining. Outdoor dining areas are characterized
by tables and chairs, and may be shaded by awnings, canopies, umbrellas,
or other roofs or coverings, and shall include open porches.
The use of a dining area located outside the confines of
a building principally used as a restaurant in which food and beverage
products are served.
That portion of a public street right-of-way between the
curbline of a roadway and the adjacent property lines which is improved
for use by pedestrians.
A.
It shall be unlawful for any person to operate an
outdoor dining use or area within the Village Commercial (VC) Zone
in the Township of Cranbury without a license as provided by this
chapter. An outdoor dining license issued for outdoor dining areas
that are wholly or partially within a public right-of-way shall be
a license to use the sidewalk for such purposes only and shall not
grant nor shall it be construed or considered to grant any person
any property right or interest in the sidewalk.
B.
Each license shall be effective from January 1 until
December 31 and shall be annually renewed upon the submission of an
application, provided all conditions of site plan approval and this
chapter are met. There is no annual fee for an outdoor dining license.
[Amended 10-28-2013 by Ord. No. 10-13-25]
E.
In the case of an application for a renewal license
only, if the outdoor dining use or layout is to be modified, the applicant
shall first prepare and submit a new plan to the Township Zoning Officer,
who shall determine whether such modification requires amended site
plan approval from the applicable land use board.
A.
Application for an initial outdoor dining license
or a renewal license shall be made to the Township Clerk.
B.
The application shall be accompanied by the following:
(2)
In the case of an initial application only, the resolution
of approval from the appropriate land use board of the site plan for
the outdoor dining use.
(3)
In the case of a renewal application only, a signed
certification from the applicant that all conditions of the site plan
approval continue to be met.
(5)
Proof that the applicant holds a valid occupational
license for a business establishment.
C.
The Township Clerk shall approve or disapprove the
application within 15 calendar days following its submission.
A.
The licensee shall be required to obtain insurance
to indemnify, defend, save and hold harmless the Township, its officers,
agents and employees from any and all claims, liability, lawsuits,
damages and causes of action that may arise out of this license or
the licensee's activity regarding the outdoor dining area.
B.
The licensee shall also be required to maintain insurance
demonstrating coverage of the following types and in the following
amounts:
C.
The certificate of insurance shall name the Township
of Cranbury as an additional insured and an endorsement must be issued
as part of the policy to evidence compliance.
D.
The Township shall receive at least 30 days' written
notice prior to any cancellation, nonrenewal or material change in
the coverage provided.
E.
The certificate shall remain in full force and effect
for the term of the license.
Outdoor dining licensed under this chapter shall
be subject to the following rules and regulations:
A.
The license issued shall be personal to the licensee
and shall not be transferable.
B.
The Township Administrator or Chief of Police may
require the temporary removal of the outdoor dining area located within
the public right-of-way by the licensee when street, sidewalk, or
utility repairs necessitate such action or when it is necessary to
clear sidewalks.
C.
The Township Administrator or Chief of Police may
cause the immediate removal or relocation of all or any part of the
outdoor dining area located within the public right-of-way or its
fixtures in emergency situations. The Township, its officers, agents
and employees shall not be responsible for any damages or loss of
outdoor dining fixtures relocated during such emergency situations
and shall not be responsible for any costs associated with the removal
or the return and installation of any outdoor dining fixtures.
D.
The outdoor dining use shall be specifically limited
to the outdoor dining area shown on the approved site plan submitted
with the application for an outdoor dining license.
E.
The licensee shall ensure that the outdoor dining
area does not interfere with or limit the free unobstructed passage
of sidewalk users in the approved pedestrian path.
F.
Tables, chairs, umbrellas, canopies, awnings, porch
roofs and any other fixtures used in connection with an outdoor dining
area shall be maintained with a clean and attractive appearance and
shall be in good repair at all times.
G.
Tables, chairs, awnings, canopies, umbrellas and any
other decorative material shall be fire-retardant or manufactured
of fire-resistant material.
H.
No tables, chairs or any other fixtures used in connection
with an outdoor dining area located within a public right-of-way shall
be attached, chained, or in any manner affixed to any tree, post,
sign or other fixture.
I.
The outdoor dining area, including the area extending
from the outdoor dining area to the street and five feet beyond either
end, shall be maintained in a neat and orderly appearance at all times
and shall be cleared of all debris on a periodic basis during the
day and at the close of each business day.
J.
Patrons may not be seated in the outdoor dining area
prior to 7:30 a.m. or remain seated in the outdoor dining area after
10:00 p.m., and no table service in the outdoor dining area will be
permitted after 9:30 p.m.
K.
The licensee shall notify the Township Administrator
and Chief of Police in writing at least 24 hours prior to the first
day on which the operation of the outdoor dining use begins.
L.
No food preparation shall be allowed within the outdoor
dining area. There shall be no cooking, storage, cooling or refrigeration
or other equipment located in the outdoor dining area.
M.
The licensee shall be responsible for the repair of
any damage to the sidewalk caused by the outdoor dining use.
N.
Tables or chairs shall not be placed within four feet
of fire hydrants or counter service windows, or within two feet of
any building entrances and/or exits.
O.
The operation or activities within the outdoor dining
area shall not create undue noise, glare, littering, loitering, disorderliness
or other such nuisance so as to be a detriment to adjacent businesses
or residents living within 200 feet of the outdoor dining area.
P.
The licensee shall comply with all applicable Township,
county, state and federal regulations, laws or ordinances.
The licensee shall be required to display in
a conspicuous location that portion of the approved site plan that
shows the layout of the outdoor dining area.
A.
An outdoor dining license may be suspended or revoked,
or a license renewal denied, if the licensee has failed to correct
violations of the ordinances or other applicable laws or regulations
within three days of receipt of the Township's notice of same delivered
in writing to the licensee.
B.
Any violation of the terms of this chapter, of any condition of the license, or of any state, federal or local law or regulation will result in the revocation of the license and may further subject the licensee to any applicable penalties, including but not limited to the general penalties set forth in § 1-15 of this Code.
The provisions of this chapter shall be enforced
by the Police Department, Zoning Officer and/or Health Officer, as
appropriate, based on the nature of the violation.
A.
Any person aggrieved by the actions of the Township
Clerk in revocation or denial of an outdoor dining license shall have
the right to appeal to the Township Committee.
B.
Such appeal shall be made with the Township Clerk
within 10 days after notice of the decision has been made.
C.
Such appeal shall be in writing, including a written
statement setting forth the grounds of the appeal, together with such
fee as the Township Committee shall from time to time establish by
resolution.
D.
The Township Clerk shall set a time and place of hearing
for the appeal at which time the Township Committee shall conduct
a hearing to affirm, modify or reverse the decision appealed from.
If any section of this chapter is adjudged invalid,
such adjudication shall apply only to the specific sections so adjudged
and the remainder of the chapter shall be deemed valid.
This chapter will take effect upon its passage
and publication and upon the filing of a copy of said chapter with
the Middlesex County Planning Board, as required by law, except that
existing dining establishments shall have six months from the effective
date of this chapter to submit the site plan application required
herein to the Planning Board.
