[Adopted by the Municipal Council of the Township of Irvington 7-13-2020 by Ord. No. MC 3725. Amendments noted where applicable.]
Food or beverage establishments offering service at outdoor
areas as of June 22, 2020, must adhere to the protocols listed below:
A.
Obtain all required municipal approvals and permits before offering
food and/or beverage consumption at outdoor areas;
B.
Post signage at the entrance that states "No one with a fever or
symptoms of respiratory illness should enter the food or beverage
establishment";
C.
Limit seating to a maximum of eight customers per table and arrange
seating to achieve a minimum distance of six feet between parties;
D.
Rope off or otherwise mark tables, chairs and bar stools that are
not to be used;
E.
Demarcate six feet of spacing in patron waiting areas;
F.
Provide physical guides such as tape on floors, sidewalks, and signage
on walls to ensure that customers remain at least six feet apart in
line for restroom or waiting for seating;
G.
Eliminate self-service food or drink options such as buffets, salad
bars and self-service stations;
H.
Disinfect all tables, chairs and any other shared items (menus, condiments,
pens) after each use;
I.
Install physical barriers and partitions at cash registers, bars,
host stands and other areas where maintaining physical distance of
six feet is difficult;
J.
Ensure six feet of physical distance between workers and customers,
except at the moment of payment and/or when employees are servicing
the table;
K.
Require infection control practices such as regular handwashing,
coughing and sneezing etiquette and proper tissue usage and disposal;
L.
Require frequent sanitization of high-touch areas such as credit
card machines, keypads, and counters to which the public and workers
have access;
M.
Place conspicuous signage at entrance alerting staff and customers
to the required six feet of physical distance;
N.
All food and/or beverage establishments shall have an inclement weather
policy that, if triggered, would require the food or beverage establishment
to adhere to and offer take-out or delivery service only;
O.
Provide all employees with face coverings and gloves;
P.
Provide employees with break time for repeated handwashing throughout
the workday; and
Q.
Provide sanitization materials, such as hand sanitizer and sanitizing
wipes, to staff.
Food or beverage establishments offering services at outside
areas within the Township of Irvington, New Jersey, must impose the
following requirements on employees:
A.
Require employees to wash and/or sanitize their hands when entering
the food or beverage establishment;
B.
Conduct daily health checks (e.g., temperature screening and/or symptom
checking) of employees safely and respectfully and in accordance with
any applicable privacy laws and regulations;
C.
Require employees with symptoms of contagious respiratory illness
(fever cough, shortness of breath) be sent home immediately;
D.
Require all employees to wear face coverings (except where so would
inhibit the individual's health), require employees to wear gloves
when in contact with customers and when handling prepared foods, serving
food utensils or other items to customers.
Food or beverage establishments offering services at outside
areas within the Township must institute the following policies with
respect to customers:
A.
Inform customers that safety measures such as social distancing,
wearing face coverings when they are away from their table and unable
to social distance or when they are inside of the indoor portion of
the premises of the food and beverage establishment (unless the customer
has a medical reason for not doing so or is a child under two years
of age), and hygiene practices must be adhered to while in the food
or beverage establishment;
B.
Encourage reservations for greater control of customer traffic/volume;
C.
Require said customers to provide a phone number if making a reservation
(this will facilitate contact tracing);
D.
Recommend customers wait in their cars or away from the food or beverage
establishment while waiting for a table if the outdoor wait area cannot
accommodate social distancing;
E.
Alert customers via calls/text to limit touching and use of shared
objects such as pagers/buzzers;
F.
Establish the use of digital menus;
G.
Decline entry to the indoor portion of the establishment to a customer
who is not wearing a face covering, unless the customer has a medical
reason for not doing so or is a child under two years of age.
A.
No heating, cooking, refrigeration, sinks, food preparation, storage
or open containers of food or other operating equipment shall be permitted
on the public sidewalk.
B.
Business operators are responsible for cleaning all sidewalks and
other surfaces, surfaces (removal) of food droppings and debris via
powerwashing through daily sanitizing by the close of business.
C.
Outdoor music and sound equipment, sources and devices that intentionally
emit sound (except for safety alarms) are not allowed on the public
sidewalk so as not to cause a public nuisance or to block pedestrian
traffic.
D.
A pedestrian pathway of at least six feet shall be maintained at
all times and sidewalk establishments shall not encroach upon this
area.
A.
Any establishment requesting lateral expansion with regard to outdoor
dining must submit copies of the intended design and layout as part
of the application for a permit. All expansions shall be to contiguous
areas only. All designs and layouts shall include artificial lighting
plans which provide visibility of all service areas so as to accommodate
social distancing for safety purposes. No wires or fixtures shall
be on the ground or cross any pathways for pedestrians or business
patrons. There shall be no overloading of outlets or electrical competence
of said facility.
B.
If expansion is intended to incorporate neighboring contiguous properties
such as private parking lots, decks or patios; written consent from
the adjacent property owner "in possession and control" of said property
intended for use, will be required upon submission of the application
along with diagrams and plans for expansion.
C.
No outdoor dining area will be permitted on bare ground or grass.
Asphalt, cement, brick or nonpermeable cleanable surfaces are required.
D.
In cases where public walkways/sidewalks are requested for expansion,
the width of the property footprint frontage shall be the width of
the property only. The business may use the public walkway in accordance
with the property footprint only. Businesses are strongly encouraged
to coordinate use and access. All sidewalk use must leave a six-foot
unobstructed pathway for pedestrian traffic.
E.
Any expansion requests onto municipal public recreation areas such
as parks and playgrounds will require special permission from the
Town Council (resolution) in addition to a recommendation of the Department
of Health.
F.
In cases where parking lots are requested for expansion; clear boundaries
must be delineated to define parking areas versus dining areas; and
any existing handicap parking areas shall not be obstructed nor removed
so as to accommodate the expansion.
G.
No tables, chairs, umbrellas, merchandise racks, or other objects
shall crowd into the pedestrian path, sidewalk ramp, bus stops, designated
taxi stands or corner curb ramp area.
H.
Furniture fixtures or equipment shall not be permanently affixed
to the public sidewalk.
I.
Access to fire hydrants, fire hose building connections for sprinkler
systems, utility connections and building entrances and exits shall
not be obstructed.
A.
The Township reserves the right to order the business operator to
remove any outdoor dining that creates an obstruction to, or causes
congestion of, pedestrian or vehicular traffic; presents a danger
to the health, safety or general public welfare.
B.
Should the Township require the removal, temporary or permanent,
of the outdoor dining furnishings on the sidewalk area, due to Township
requirements or utility company requirements or other municipal franchise
with rights to public right-of-way and the operator does not comply,
after reasonable notification, the Township will not be responsible
for damage, loss of business personal property.
C.
Public Health Inspectors shall inspect facilities at will and answer
any and all complaint and impose fines and penalties as listed herein,
but not limed to those listed in this chapter and Township codes.
A.
Any person, firm or corporation found guilty of a violation of any
of the terms of this chapter shall be subject to the penalties set
forth in Chapter I, Article III, Penalties, of the Township Code and
through the powers of enforcement of the Department of Health, Mayor,
Business Administrator, Law Enforcement, Fire Inspector, Housing and
Zoning.
(1)
Each violation will receive a separate penalty, subject to a monetary
fine. Correction of any offense will be required within a forty-eight-hour
time frame. Health inspectors are authorized to close down businesses
upon finding multiple violations, critical situations that pose a
threat to human safety and conditions that contribute to the proliferation
of communicable disease.
(2)
Except as otherwise provided in this chapter, the penalties for failure
to comply with corrective actions deemed necessary by the Health Inspector
or other enforcement authority of the Township shall be as follows:
|
1st Offense
|
2nd Offense
|
3rd Offense
|
4th Offense
|
|---|---|---|---|
|
$100
|
$250
|
$500
|
Minimum fine of $750 and court appearance required
|
B.
Any offense thereafter shall result in forfeiture of the permit.
Permit fee. The fee for Township businesses already in possession
of a food and/or beverage license may apply for an outdoor dining
permit. Fee for permit shall be $100 per facility or business.
