As used in this article, the following terms shall have the meanings indicated:
ADJACENT BUILDING
The building which fronts the walkway or the outdoor area designated as the location for the outdoor cafe.
OUTDOOR CAFE
A retail food establishment, as defined herein, which serves food to be consumed by the public:
A. 
At tables located within a portion of a walkway which lies within the area bounded by the parking lot and the adjacent building; or
B. 
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.
PERSON
Any individual, partnership, corporation, association or other entity.
REQUIRED PEDESTRIAN PASSAGEWAY
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.
REQUIRED SERVICE DOOR
Dedicated doorway for use exclusively by wait staff and restaurant personnel to service the outdoor café.
[Ord. No. 53-2014]
RETAIL FOOD ESTABLISHMENT
The establishment actually located within the adjacent building for which a current retail food establishment license has been issued by the Health Officer.
WALKWAY
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.
When no other penalty is prescribed by law, any person who violates any provision of this article shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-15.