[HISTORY: Adopted by the Mayor and Council of the Borough of South River 7-17-2017 by Ord. No. 2017-12; amended in its entirety 7-13-2020 by Ord. No. 2020-15. Subsequent amendments noted where applicable.]
Editor's Note: This ordinance also superseded former Ch. 241, Outdoor Cafes and Restaurants, adopted 6-13-2005 by Ord. No. 2005-27, as amended.
Various Borough businesses have requested and proposed the use of portions of public sidewalks for commercial ventures and outdoor dining as a means of enhancing the business district and the economic vitality of the Borough;
The Borough Council desires to support and encourage appropriate business activities which bring together residents of the Borough in various settings to enjoy a better quality of life;
The Borough Council desires to support and encourage appropriate activities which bring together members of the commercial and business district in various settings to enhance the economy of the Borough;
The temporary use of Borough sidewalk for the purposes of outdoor dining can most appropriately be accomplished through the licensing requirements and other regulations enumerated herein.
As used in this chapter, the following terms shall have the meanings indicated:
- OUTDOOR CAFE
- Any eating establishment where food and other refreshments are served upon 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.
Outdoor cafes and restaurants may be established as an accessory use to a permitted restaurant use in any zoning district that permits restaurants. No person, however, shall establish, maintain, own or operate any outdoor cafe or restaurant nor serve food, liquor or other beverages outdoors or at tables outdoors on any public street, sidewalk or alleyway without first having obtained a license with the Clerk of the Borough of South River.
Outdoor cafes and restaurants shall submit a completed application, fee as provided in § 155-17, a certificate of insurance as required in § 241-6A and a sketch of the outdoor dining plan/placement of tables for the outdoor dining license with the Clerk of the Borough of South River. Upon receipt of a completed application, the Borough Clerk shall issue the license. Said license shall bear the signature of the Borough Clerk.
Nothing contained herein shall be deemed to waive any obligations by the license holder under this chapter from complying with any applicable ABC or health regulation. A cafe or restaurant must meet the requirements for a retail food establishment as defined in state statute, State Sanitary Code and any and all other state, county or local regulations, and for purposes of this chapter must meet the following additional requirements:
The amount of available outdoor table seating shall not exceed the amount of available indoor table seating at said establishment. Seating at the bar in an establishment shall not constitute indoor table seating for computing the amount of available outdoor table seating that an establishment may have.
The establishment must comply with the restaurant requirements as to restroom facilities under the Uniform Construction Code, unless exempt from same.
The establishment of an outdoor cafe or restaurant pursuant to this chapter shall not require the holder of said license to acquire any new and/or additional parking as a result of the grant of said license and the operation of an outdoor cafe and/or restaurant.
Any and all lighting which shall be utilized by an outdoor cafe and/or restaurant shall conform to the following criteria:
Only low-level lighting may be utilized.
Maximum level of illumination shall be 1.0 fc at the curbline and to all property lines as extended to the curbline.
No lighting shall shine directly into the public roadway.
No lighting shall simulate or resemble, in color or operation, any traffic control device.
Any sidewalk cafe or restaurant choosing to provide sidewalk dining must have a minimum insurance liability policy of $500,000, must name the Borough of South River as an insured and provide the Borough with a certificate of insurance.
Notwithstanding the restrictions and regulations enumerated herein, outdoor cafes and restaurants shall be allowed to operate at any time.
In accordance with South River Borough Code § 350-20D(5)(b), all eating areas on the front facade of a building shall be of temporary nature and shall not block pedestrian circulation on any Borough sidewalk.
Clear, straight and unobstructed passage for pedestrians of at least five feet in width shall be maintained at all times.
When a cafe ceases operation for a period of five days or longer, all furniture and equipment utilized for outdoor dining shall be removed from the sidewalk and stored inside.
All licenses are issued on the condition that the use of a Borough sidewalk for outdoor dining shall be terminated pursuant to an order of the Chief of Police or Fire Inspector when necessary, in the opinion of such official, to respond to the needs of law enforcement or fire suppression.
All permits issued by the Borough prior to the amendment of this chapter remain valid and enforceable for the operation of an outdoor dining establishment.