[HISTORY: Adopted by the Township Committee of the Township
of Manalapan 4-23-2014 by Ord. No. 2014-07. Amendments noted
where applicable.]
The Township recognizes that the allowance of outdoor dining
facilities will stimulate public interest, benefit economic productivity,
provide an aesthetically pleasing atmosphere in the business community
and promote the general welfare of the residents of the Township of
Manalapan. The purpose of this chapter is to establish guidelines
to procure and maintain a limited authorization license to permit
outdoor dining.
Outdoor dining shall be permitted as a conditional accessory
use to any Category One and Category Two restaurant as more fully
defined in the Development Regulations of the Township of Manalapan.[1]
As used in this chapter, the following terms shall have the
meanings indicated:
The designated area of the property of a restaurant to be
used for purposes of the outdoor dining facility. The outdoor dining
area shall be limited to the rear yard or side yard of the property
or the sidewalk area immediately in front of the establishment's building
or storefront.
A lot, parcel, or tract of land, together with the building
and structures located thereon.
A Category One or Category Two restaurant as defined in § 95-2.4 of the Development Regulations of the Township of Manalapan.
That area of the public or private right-of-way reserved
for pedestrian traffic from the curb to the front line of the building
housing a restaurant.
It shall be unlawful for any person, firm, corporation or other
entity to operate an outdoor dining facility within the Township without
first obtaining an outdoor dining facility license therefor in compliance
with the provisions of this chapter. Such license shall not be transferable
from the person or entity to whom the license is issued.
Every applicant for an outdoor dining facility license shall
annually file with the Township Clerk a sworn application which shall
give the following information:
A.
The name, address, and telephone number of the applicant.
B.
The name, address, and telephone number of the retail food establishment
or tavern where outdoor dining is proposed to be maintained.
C.
A detailed description of the proposed outdoor dining facility that
shall include a diagram of the dimensions of the area and the number
of tables, chairs, benches, umbrellas, and receptacles for garbage
and recyclables to be used for outdoor dining purposes.
D.
Consent of the owner of the premises, if other than the applicant.
E.
A statement that the applicant shall indemnify and hold harmless
the Township, its officers, agents and employees from any and all
claims, actions, liability, damages or costs, including reasonable
attorney's fees and other costs of defense arising out of any action
or claim brought against the Township pertaining to the licensee's
operation of an outdoor dining facility.
The annual license fee for each and every premises on which
outdoor dining facilities is conducted shall be $100. The fee shall
be paid with the license application and is not refundable. The renewal
fee for each subsequent year shall be $100.
No outdoor dining license shall be issued unless the licensee
shall have first filed adequate proof that the following insurance
requirements have been provided:
A.
The following language/wording must appear on the insurance certificate:
"The certificate holder (The Township of Manalapan) is included as
an additional insured as respects losses arising solely from the operation
of the outdoor dining facility."
B.
Ten days' written notice of cancellation must be provided to the
Township Clerk.
C.
The insurance certificate must be written by a company licensed to
do business in the State of New Jersey and rated A or better by A.M.
Best Rating.
D.
The minimum insurance coverage requirements are:
(1)
General liability: $1,000,000 per occurrence/$2,000,000 aggregate.
(2)
Products and completed operation aggregate: $500,000.
(3)
Personal and advertising injury: $500,000.
(4)
Each occurrence: $500,000.
(5)
Fire damage (any one fire incident): $500,000.
(6)
Medical expense (any one person): $500,000.
(7)
Workers' compensation: statutory requirements.
A.
The application for a license is subject to the approval of the Township
Committee. The application for a license is subject to review by the
following offices: the Zoning Office, the Planning Board, the Health
Department and the Construction Office. An application shall not be
considered until prior approval is granted by the Planning Board.
B.
Prior to submitting an initial application to the Township Clerk
for a license for outdoor dining, minor site plan review and approval
must be obtained from the Planning Board. The fee for filing this
application for outdoor dining shall be $250 and the applicant shall
also post an escrow fee of $250. Further Planning Board review is
required only for changes to an approved site plan.
C.
Checklist for requirements for site plan approval:
(1)
Letter of intent.
(2)
A site plan identifying the location of the outdoor dining area;
the required barrier between the seating area and the public circulation
areas; table, chair and bench locations; and refuse disposal location
which includes the existing square footage of the indoor dining area
and the square footage of the proposed outdoor dining area.
(3)
Photographs of the uses adjacent to the proposed outdoor dining area.
(4)
Photographs of the area where the outdoor dining will be located.
(5)
Detailed screening plan.
(6)
Detailed lighting plan, including details of the fixtures and levels
of proposed illumination.
(7)
Total number of seats on site, both indoor and outdoor.
(8)
The applicant must comply with the parking requirements for restaurant
uses. In calculating the required parking, all seats, both indoor
and outdoor, must be utilized.
D.
Any applicant who is denied a license may request, in writing, a
hearing on the denial decision before the Township Committee on all
issues, except those decided on by the Planning Board which are not
reviewable by the Township Committee.
A.
An outdoor dining facility license shall be valid only April 1 through
October 31 of a given year;
B.
A new outdoor dining facility license must be obtained for each year;
C.
An outdoor dining facility license may not be transferred in any
way;
D.
The license shall be displayed in a conspicuous place on the premises
during the use of the outdoor dining facility.
The conduct of outdoor dining pursuant to a license issued under
this chapter shall be subject to and inclusive of all of the following
restrictions and requirements. This provision shall not be interpreted
to limit the discretion of the Planning Board to require further conditions
as part of site plan review as it may deem reasonable and appropriate:
A.
Outdoor dining may only be conducted in districts zoned for business
uses.
B.
All outdoor dining areas shall be immediately adjacent to the principal
restaurant.
C.
The outdoor dining area must be clearly defined and limited by way
of a barrier, such as fencing, landscaping, a wall or as approved
by the Planning Board.
D.
The outdoor dining area must not block, obstruct and/or inhibit pedestrian
traffic on public sidewalks. Pedestrian traffic must have clear, open
and unobstructed access between the edge of the outdoor dining tables
and the curbline of the sidewalk.
E.
Any outdoor dining area shall have adequate buffering from adjacent
buildings or sites consisting of landscaping and/or fencing or as
approved by the Planning Board. If the outdoor dining area abuts residentially
zoned land, the outdoor dining area shall be located a minimum of
50 feet from the common property line.
F.
Outdoor dining facility owners, employers, and employees shall not
block, obstruct, or inhibit a building's entrance/egress.
G.
Only tables, chairs, benches, umbrellas, and receptacles for garbage
and recycables are permitted within the outdoor dining area.
H.
Outdoor dining facility owners, employers, and employees shall not
place any table, chair, bench, sign, umbrella or other item in such
manner as to block or obstruct any municipal sign; receptacles for
garbage and recyclables; public hydrants; or other public amenity.
I.
Outdoor dining facility owners, employers, and employees must provide
for the disposal of garbage and recyclables. Public receptacles for
garbage shall not be used and outdoor storage of refuse shall not
be permitted. All receptacles for garbage and recyclables shall be
removed at the time of closing.
J.
The outdoor dining area and surrounding sidewalk and property areas
shall be kept clean from any and all litter during hours of operation.
K.
Customers must be seated in the outdoor dining area during their
patronage. Outdoor dining facility owners, employers, and employees
are prohibited from serving drivers or passengers of all vehicles.
L.
All food preparation shall be indoors in the regular kitchen area
of the retail food establishment.
M.
Alcohol service and/or consumption at the outdoor dining facility
is subject to further regulation more fully described in this chapter.
N.
There shall be no offensive odor emanating from the outdoor dining
facility due to food preparation, handling, spoilage, and/or litter.
O.
All lighting shall be directed towards the principal restaurant.
No exterior lighting that extends beyond the boundaries of the property
or the outdoor dining area shall be permitted.
P.
Outdoor heating components and temporary patio enclosure materials
for inclement weather shall be permitted.
Q.
All noise emanating from the outdoor dining area shall be kept at
such a level as to comply in all respects with the provisions of applicable
ordinances. Light music, limited to allow for conversation, shall
be permitted.
R.
Hours of operation shall be from 11:00 a.m. to 11:00 p.m., and all
outdoor dining areas must be cleared and washed daily by 11:30 p.m.
S.
The Township reserves the right to temporarily suspend an outdoor
dining facility license to allow for construction activity, utility
repairs, special events, or other appropriate reasons as determined
by the Township Committee. Reasonable advance notice will be given
to the affected outdoor dining facility licensees.
The outdoor dining area upon which an outdoor dining facility
has been authorized to operate pursuant to this chapter may constitute
premises duly licensed for the sale and/or consumption of alcoholic
beverages, provided:
A.
The retail food establishment of which an outdoor dining facility
is a part is a licensed premises.
B.
Specific approval has been obtained from the appropriate local and
state agencies for the extension of the alcoholic beverage consumption
license to the outdoor dining area. Such approval shall be separate
from and must be obtained in addition to the license to operate an
outdoor dining facility pursuant to this chapter.
A.
Licenses issued under the provisions of this chapter may be revoked
by the Township Clerk, in writing, for any of the following causes:
(1)
Fraud, misrepresentation or false statements contained in the application
for license.
(2)
Fraud, misrepresentation or false statements by the licensee in the
course of conducting the business licensed.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or offense involving moral turpitude.
(5)
Conducting the business licensed in an unlawful manner.
A.
Any person aggrieved by the action of the Township Clerk in the denial
of a license shall have the right to appeal to the Township Committee.
Such appeal shall be taken by filing with the Township Committee,
within 10 days after the notice of the action complained of has been
mailed to such person's last known address, by certified mail, return
receipt requested, a written statement setting forth fully the grounds
for the appeal.
B.
The Township Committee shall set a time and place for hearing on
such appeal, and notice of such hearing shall be given to the applicant.
The decision of the Township Committee on such appeal shall be final
and conclusive.
Any person violating any of the provisions of this chapter shall,
upon conviction thereof, be subject to a fine not to exceed $1,000
or imprisonment for a term not to exceed 30 days, or both, in the
discretion of the court.
