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:
A. 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.
B. 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.
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.