[HISTORY: Adopted by the Borough Council of the Borough of Mountain Lakes 6-25-2001 by Ord. No. 14-01. Amendments noted where applicable.]
The sidewalk cafe regulations as established by this chapter are designed to permit sidewalk cafes accessory and incidental to lawfully existing dining establishments in the A Business Zone as established and regulated in Chapters 40, 196, 208 and 245 hereof, to be located on public property immediately adjacent to such lawfully existing dining establishments and in locations where they shall be determined to be appropriate by these regulations and all applicable related ordinances to promote and protect the public health, safety and general welfare. These general purposes shall include, among others, the following specific purposes:
To insure that adequate space will be provided for pedestrian circulation through areas where sidewalk cafes are established and to insure adequate access to adjoining properties and businesses.
To encourage the establishment of sidewalk cafes as one means of developing a pleasant and distinctive shopping atmosphere.
As used in this chapter, the following terms shall have the meanings indicated:
- SIDEWALK CAFE
- The extension of the services of an existing restaurant preparing and serving foods for consumption within an existing building, to the extent that food is permitted to be served and consumed at the tables placed on the public sidewalk adjacent to and within the confines of the frontage of that portion of the building in which the restaurant is situated. A sidewalk cafe may contain readily removable tables and chairs, but shall be otherwise unenclosed by fixed walls and open to the air except for umbrellas or other nonpermanent covers provided such covers do not interfere with pedestrian circulation.
Any person, firm or corporation may operate a sidewalk cafe (hereinafter called a "cafe") within the Borough of Mountain Lakes in any zone in which such use is permitted on a sidewalk adjacent to an existing restaurant operated by such person, firm or corporation upon obtaining a license from the Borough Manager. Such license shall allow the operation of a cafe from April 1 through and including November 1 of any calendar year and may be renewed annually during the month of January.
Application and fee. Each applicant for a license shall submit a written application on the form provided by the Borough Manager, together with a nonrefundable fee of $100, to the Borough Manager. All applications for a given calendar year and the application fee must be submitted by January 31 of the applicable calendar year. No application will be accepted without the fee. The insurance certificate and drawings required by Subsections B and D below must be submitted to the Borough Manager by March 31 of the applicable calendar year. In the event that an application or application fee is submitted later than January 31 or if the development plan and/or insurance certificate is submitted after March 31, a nonrefundable late fee of $100, in addition to the application fee, must be paid in order for the application to be considered. The application shall state the name and address of the applicant, the property owner if other than the applicant, the person preparing the development plan and the written authorization of the owner of the property to submit the application if the applicant is not the owner.
Development plans. The following information shall be shown on all development plans:
The applicants entire property and the adjacent sidewalk area to be used.
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.
Capacity of existing restaurant and proposed cafe.
Proposal for providing adequate pedestrian circulation.
Name, title and seal, if applicable, of person who prepared the development plan.
Review of development plans. Prior to the issuance of a license pursuant to this chapter, the development plans and application shall be reviewed by the Borough Manager who shall either approve or recommend modification of the plans within 20 days of submission of the plans. Following approval by the Borough Manager, the plans shall be submitted to the Planning Board for site plan review pursuant to Chapter 208 of the Code of the Borough of Mountain Lakes. Upon review thereof, the Planning Board shall have the authority to waive such provisions of Chapter 208 as it shall deem appropriate.
Conditions for issuance of license. Upon approval by the Borough Manager of the application and plans submitted by the applicant pursuant to this chapter and site plan approval by the Planning Board, the Borough Manager shall issue a license to the applicant, provided the applicant has furnished the following to the Borough:
An agreement signed by the applicant to repair any damage caused to the sidewalk in the operation of the cafe at the expense of the applicant. The Borough may require a bond to be filed by the applicant in an amount to be determined by the Borough to secure the repair of any damage to the sidewalk.
An agreement signed by the applicant indemnifying and holding the Borough harmless against loss, including costs and expenses, resulting from injury to person(s) or property as a direct or indirect result of the operation of the cafe or for injury to person(s) or property occurring on the premises occupied by the cafe. The applicant shall provide a certificate of insurance as evidence of the required policy to the Borough, and naming the Borough as a named insured, in the amount of not less than $1,000,000.
Rules, regulations and specifications. A cafe authorized and operated pursuant to this chapter shall comply with all of the following rules, regulations and specifications:
The applicant and/or operator shall fully comply with all plans submitted and approved by the Borough Manager under the terms of this chapter.
Said closing shall be not later than 11:00 p.m.
The area of operation shall be kept clean and free of litter. Ashtrays shall be provided if smoking is permitted by the operator and/or applicant. Sidewalks shall be kept clean daily and closed trash receptacles, including smoker's outposts, shall be provided as approved by the Borough Manager.
Music and any other form of entertainment is prohibited.
The operator shall maintain an area for pedestrian movement free of any obstruction a distance of five feet or greater from the curb.
The operator shall provide that tables, chairs and other materials do not interfere with these required open areas and pedestrian traffic. Chairs next to the pedestrian walkway shall be placed at a ninety-degree angle so as not to obstruct the pedestrian walkway. Where there are obstructions, such as light posts and mailboxes, which would cause the pedestrian aisle to be less than four feet wide, the Borough Manager shall have the discretion to approve an alternate arrangement.
The operator shall comply with all the requirements of N.J.A.C. 8:24-1 et seq., also known as Chapter XII of the New Jersey Sanitary Code, and N.J.S.A. 24:15-1 et seq.
The operator shall not serve nor allow to be present in a sidewalk cafe any person under the age of 18 years unless said person shall be accompanied by a parent, guardian or relative who has attained the age of 21 years.
The operator shall comply with all other ordinances of the Borough of Mountain Lakes.
Upon a finding by the Borough Manager that an applicant has violated any provisions of this chapter, the Borough Manager shall give notice to the applicant to correct said violation. Upon failure to immediately correct said violation, the Borough Manager may revoke the applicant's license to operate a sidewalk cafe. Upon the revocation of such license, the applicant shall be entitled to a hearing before the governing body within 30 days, upon notice thereof, provided that a hearing is requested by the applicant, in writing, within five days of revocation of the license.
The area encompassed within a cafe authorized pursuant to this chapter shall be considered duly licensed for sale and consumption of alcoholic beverages, provided that such area is part of the licensed premises pursuant to a valid alcoholic beverage control license issued by the Borough of Mountain Lakes. Such license is separate from, and must be obtained in addition to, the license to operate a sidewalk cafe issued pursuant to this chapter.