[Adopted 3-20-2000 by Ord. No. 00-527]
The purpose and intent of this article is to allow portions of the public sidewalks in front of eating establishments to be used for sidewalk dining subject to issuance of a sidewalk dining license and strict compliance with all conditions set forth herein. This limited authorization to use the public sidewalks is intended to advance the public purposes of stimulating economic activity and providing amenities in the business districts of the Township of Cedar Grove, and such authorization shall be solely in the nature of a revocable license which shall not be deemed to vest licensees with any property interest or other rights in the public sidewalks.
No person shall engage in or allow sidewalk dining on any public sidewalk without having first obtained a sidewalk dining license.
An application, sworn to by the applicant, for a sidewalk dining license shall be filed annually with the Township Clerk on forms supplied by the Clerk. The forms shall require the following information and such additional information as deemed necessary:
The name of the applicant, and the address.
The name and address of the eating establishment where sidewalk dining is to be maintained.
A detailed description, including diagram of the dimensions of the area and the number of tables to be used for sidewalk dining.
Consent of the owner of the premises, if other than the applicant.
A certificate of insurance providing at least $500,000 of comprehensive general liability extending premises coverage to all activities associated with sidewalk dining and naming the Township of Cedar Grove as an additional insured with respect to such activities.
The Township Council shall review the application and investigation report of each applicant. The Council shall approve or deny the application, taking into consideration the factors set forth in § 230-55.
Any applicant who is denied a license may request in writing a hearing on the denial decision before the Township Council.
The annual license fee for each and every premises on which sidewalk dining is conducted shall be $100.
A sidewalk dining license shall be valid only through October 31 of a given year, and a new license must be obtained for each year.
A sidewalk dining license may not be transferred.
The license shall be displayed in a conspicuous place on the premises prior to the use of the premises for sidewalk dining.
The conduct of sidewalk dining pursuant to a license issued under this article shall be subject to all of the following restrictions and requirements:
Public sidewalk dining may be conducted in the Retail Shopping District (B), Restricted Commercial District (RC) and Limited Commercial District (LC), designated on the Cedar Grove Zoning Map.
The sidewalk dining area must not inhibit pedestrian traffic on public sidewalks, and an area must be open and unobstructed for pedestrian traffic between the closest edge of the cafe-type tables and the curbline, which area shall have a minimum width of the greater of 10 feet or 1/2 of the sidewalk width.
Restaurateurs shall not place anything in an alleyway or walkway or set up tables in such a manner as to block any alleyways or walkways or any building entrance/egress. It shall be unlawful to obstruct or reduce in any manner the clear width of any exit discharge passageway, as determined by the clear width opening of the entrance/egress door(s). The passageway shall be as straight as possible leading directly to the street.
The only items permitted are tables, chairs, umbrellas and containers for the disposal of recyclable cans/bottles and garbage.
Restaurateurs shall not place any table, sign, umbrella or other item in such a manner as to block any municipal signs, receptacles for garbage, public benches or other public amenity, including fire hydrants.
Restaurateurs must provide for the disposal of recyclable cans/bottles and garbage. Public receptacles for garbage shall not be used. Sidewalk areas shall be kept clean during hours of operation. Litter shall not be permitted on adjoining sidewalks or property.
Restaurateurs are prohibited from serving drivers or passengers of vehicles. All customers must be seated throughout their meal.
Restaurateurs are prohibited from using public utility hookups.
All sound systems are prohibited.
All food preparation shall be in the regular kitchen area of the restaurant, not outside.
All outdoor food service is subject to the regulations contained in Chapter 12 of the New Jersey Sanitary Code.
The placement of outdoor tables shall be limited to the area immediately in front of the existing and/or properly approved restaurants, cafes or eating establishments. No portion of any sidewalk dining equipment, including chairs, tables and opened umbrellas, shall encroach upon the sidewalk area in a manner to block, impede or cover adjacent storefronts, doors or windows in front of other business establishments.
Sidewalk dining may commence April 1 and may continue through October 31.
Permissible hours of operation shall be from 7:00 a.m. to 10:00 p.m.
No alcohol service or consumption is permitted.
Everything must be removed and sidewalks must be washed daily by 10:30 p.m.
The Township retains the right to temporarily suspend a sidewalk dining license to allow for construction activity, utility repairs, special events or for other reasons as deemed appropriate by the Township Council, with reasonable advance notice to be given to affected licensees.
Any license may be suspended or revoked for good cause by the Township Council, including but not limited to, a misrepresentation of the information supplied in the application, the conviction of a crime, a violation of any ordinance, statute or government regulation or a violation of this article.
The Township Clerk shall be responsible for licensing and the collection of fees. This chapter shall otherwise be enforced by the Director of Community Development, Cedar Grove Police Department and the Board of Health, as to the Sanitary Code.