The purpose and intent of this article is to allow portions of the public sidewalks in front of eating establishments to be used for sidewalk dining subject to issuance of a sidewalk dining license and in strict compliance with all conditions set forth herein. This limited authorization to use the public sidewalks is intended to advance the public purposes of stimulating economic activity and providing amenities in the business districts of the Borough of Chatham, and such authorization shall be solely in the nature of a revocable license which shall not be deemed to vest licensees with any property interest or other rights in the public sidewalk.
No person shall engage in or allow sidewalk dining on any public sidewalk without having first obtained a sidewalk dining license.
An application, sworn to by the applicant, for a sidewalk dining license shall be filed annually with the Borough Clerk on forms supplied by the Borough Clerk. The forms shall require the following information and such additional information as deemed necessary:
A. 
The name of the applicant and the address.
B. 
The name and address of the eating establishment where sidewalk dining is to be maintained.
C. 
A brief description of the dimensions of the to-be-used-for-sidewalk-dining area along with a drawing showing the design, number and location of all temporary structures proposed, including tables, chairs, planters and other equipment, as well as lighting and electrical outlet locations, if any.
D. 
Consent of the owner of the premises, if other than the applicant.
E. 
A certificate of insurance providing at least $500,000 of comprehensive general liability extending premises coverage to all activities associated with sidewalk dining and listing the Borough of Chatham as an additional insured with respect to such activities.
F. 
A statement that the permittee shall hold the Borough harmless, and shall indemnify the Borough for any claims for damages or injury to property or persons from the use of the sidewalk.
G. 
A check payable to the Borough of Chatham in the amount of the license fee required by § 221-7.
A. 
The Borough Clerk shall review each application for a sidewalk dining license. The Borough Clerk shall approve or deny the application, taking into account all factors which he/she may deem relevant, including, but not limited to the factors set forth in §§ 221-3 and 221-10 herein, within 10 days.
B. 
Any applicant who is denied a sidewalk dining license may, in writing, request a hearing on said denial before the Borough Administrator.
The annual fee for a sidewalk dining license shall be set from time to time by duly adopted resolution of the Mayor and Borough Council.
A. 
A sidewalk dining license shall be valid only through October 31 of a given year, and a new license must be obtained for each year.
B. 
A sidewalk dining license may not be transferred, sold or assigned.
C. 
A sidewalk dining license shall be displayed in a conspicuous place on the premises at all times.
A. 
The conduct of sidewalk dining pursuant to a sidewalk dining license issued under this article shall be subject to all of the following restrictions and requirements:
(1) 
Sidewalk dining may be conducted in districts zoned for business; additional signage advertising sidewalk dining is prohibited.
(2) 
Sidewalk dining areas must not inhibit pedestrian traffic on public sidewalks. A minimum space of at least four feet of unrestricted pathway shall be maintained between the closest edge of the sidewalk dining area and the curbline. Ingress and egress to all storefronts must be kept clear. Planters, posts with ropes or other removable enclosures are encouraged as a means of defining the sidewalk dining area where space allows.
(3) 
Restaurateurs shall not place any table in such a manner as to block any municipal sign, litter container, public bench, or other amenity, including fire hydrants.
(4) 
Restaurateurs must provide for the disposal of recyclables and other solid waste generated by outdoor dining. Public litter containers shall not be used for this purpose. Public sidewalks shall be kept clean and free of debris at all time. Establishments providing sidewalk dining shall be responsible for the clearing of tables and disposing of refuse.
(5) 
Sidewalk dining shall be restricted to only those establishments currently conducting indoor dining business. Sidewalk dining shall be limited to the rear yard or side yard of the property or the sidewalk area immediately in front of the establishment's building or storefront.
(6) 
Restaurateurs shall not provide service to drivers or passengers of parked cars.
(7) 
External sound systems are prohibited.
(8) 
All food preparation shall be conducted in the regular kitchen area of the restaurant, not outside.
(9) 
All outdoor food service is subject to the regulations contained in Chapter 12 of the New Jersey Sanitary Code.
(10) 
Sidewalk dining may commence annually on April 15 and continue through October 31. Sidewalk dining shall be permitted between 8:00 a.m. and 10:00 p.m.
(11) 
The service or consumption of alcoholic beverages is prohibited.
(12) 
All tables, chairs, and other materials shall be removed from the sidewalk and sidewalks must be washed every day by 10:30 p.m.
B. 
The Borough retains the right to temporarily suspend a sidewalk dining license to allow for construction activity, utility repairs, special events or for such other reasons as deemed appropriate by the Borough Council with reasonable notice.
A sidewalk dining license may be suspended or revoked for good cause by the Borough Council, including but not limited to noncompliance with the terms and conditions of this article, a misrepresentation of the information supplied in the application, the conviction of a crime, or a violation of any ordinance, statute or government regulation.