As used in this article, the following terms shall have the
meanings indicated:
The building which fronts the walkway or the outdoor area
designated as the location for the outdoor cafe.
A retail food establishment, as defined herein, which serves
food to be consumed by the public:
At tables located within a portion of a walkway which lies within
the area bounded by the parking lot and the adjacent building; or
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.
Any individual, partnership, corporation, association or
other entity.
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.
Dedicated doorway for use exclusively by wait staff and restaurant
personnel to service the outdoor café.
[Ord. No. 53-2014]
The establishment actually located within the adjacent building
for which a current retail food establishment license has been issued
by the Health Officer.
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.
No person shall operate an outdoor cafe within the Township
of Wayne without first having obtained an endorsement to a valid retail
food establishment license so as to permit an outdoor cafe.
An application for an endorsement to a retail food establishment
license to permit an outdoor cafe shall be filed with the Health Officer
or designee on forms supplied by the Health Officer. The forms shall
require the following information and such additional information
as deemed necessary:
A.
The name and address of the applicant.
B.
The
name and address of the retail food establishment where the outdoor
cafe is to be located.
C.
A proposed layout plan containing the following information:
(1)
The premises, both indoor and outdoor, for which the applicant has
applied for an endorsement to a retail food establishment license
and the adjacent walkway area to be used, if any.
(2)
If the walkway is not to be used for the outdoor cafe, then a designation
of the outside area which will be used for the outdoor cafe.
(3)
Capacity of both the existing retail food establishment and the proposed
outdoor cafe.
(4)
Proposal for providing adequate pedestrian circulation.
(5)
The location of any doors leading from the retail food establishment
to the outdoor café identifying which door will be utilized
as the dedicated service door.
[Ord. No. 53-2014]
(6)
A description of the dimensions of the area of outdoor activity and
the number of tables and chairs to be used for the outdoor cafe. The
exact location of the tables and chairs is not required.
D.
The applicant shall obtain all building, plumbing and electrical
permits that may be required to make alterations to the existing retail
food establishment to accommodate an outdoor cafe.
Prior to the issuance of the endorsement to a retail food establishment
license pursuant to this article, the layout plan, site and the application
shall be reviewed by the Township Planner, Health Officer or designee,
and Construction Code Official or designee who shall either approve,
deny or recommend modifications of the layout plan and issue a report
along with recommendations to the Township Clerk. This review to determine
compliance with the provisions of this article and all other applicable
codes and/or regulations shall be completed within 20 business days
of submission of a completed application and layout plan.
An outdoor cafe authorized and operating pursuant to this article
shall comply with all of the following rules and regulations:
A.
The walkway dining area must not inhibit pedestrian movement along
the walkway in such a manner so as to cause the pedestrian to enter
the parking lot.
B.
The only items permitted are tables, chairs, planters, awnings, umbrellas
and all equipment that is customarily associated with or required
in the operation of an outdoor cafe.
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.l 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.
[Amended 4-6-2022 by Ord. No. 14-2022]
G.
The placement of tables and chairs on walkways shall be limited to
the area immediately in front of the existing retail food establishment.
No chairs, tables, open umbrellas or any equipment used in conjunction
with the outdoor cafe shall encroach upon the walkway area in a manner
to block, impede or cover adjacent store-fronts, doors or windows
in front of other business establishments.
H.
No outdoor cafe 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 cafe 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 cafe.
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.
The outdoor seating area of outdoor cafes shall be located a minimum
of 200 feet from any residential property.
K.
Noise shall be kept at such a level as to comply in all respects
with the provisions of applicable ordinances. Exterior lighting shall
be directed onto the outside cafe and shall not intrude on adjacent
properties.
L.
Retail food establishments offering wait service for the outdoor café require a separate service door as defined in § 149-30.
[Ord. No. 53-2014]
M.
All outdoor cafe endorsements are subject to Council approval.]
N.
Any request for a waiver to this section shall be made in writing
to the Health Officer or designee. All waivers will require a public
hearing before the Council, and all property owners within 200 feet
of proposed outdoor cafe seating area shall receive notice from the
applicant by certified mail or personal service of said hearing. All
applicants must sign an affidavit showing proof of service.
[Ord. No. 53-2014]
O.
There shall be a one-time inspection fee for an outdoor cafe endorsement as set forth in Chapter 75, Fees.
P.
No smoking of any kind permitted in any outdoor café including
but not limited to: cigarette, cigar, pipe, electronic vaping device,
hookah and cannabis.
[Added 6-21-2023 by Ord. No. 25-2023]
[Ord. No. 53-2014]
Any outdoor seating associated with an Outdoor Café Endorsement
must provide vehicular impact protection if the seating area is adjacent
to any parking and/or traffic circulation area. Any proposed protection
system must be submitted and reviewed by the Construction Official.
Submittals must be signed and sealed by a licensed design professional
and have a minimum impact USDOT protection rating of K4. The maximum
distance between protection elements shall be 5 feet. Means of egress
and barrier-free access shall not be diminished with the approval
of the endorsement.
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.
