[HISTORY: Adopted by the Mayor and Council
of the Borough of South River 7-17-2017 by Ord. No. 2017-12;[1] amended in its entirety 7-13-2020 by Ord. No. 2020-15. Subsequent amendments
noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 241,
Outdoor Cafes and Restaurants, adopted 6-13-2005 by Ord. No. 2005-27,
as amended.
A.
Various Borough businesses have requested and proposed the use of
portions of public sidewalks for commercial ventures and outdoor dining
as a means of enhancing the business district and the economic vitality
of the Borough;
B.
The Borough Council desires to support and encourage appropriate
business activities which bring together residents of the Borough
in various settings to enjoy a better quality of life;
C.
The Borough Council desires to support and encourage appropriate
activities which bring together members of the commercial and business
district in various settings to enhance the economy of the Borough;
D.
The temporary use of Borough sidewalk for the purposes of outdoor
dining can most appropriately be accomplished through the licensing
requirements and other regulations enumerated herein.
As used in this chapter, the following terms shall have the
meanings indicated:
Any eating establishment where food and other refreshments
are served upon the public right-of-way, namely the sidewalks immediately
in front of any restaurant, cafe, cafeteria or place of business where
food and/or other refreshments are served.
A.
Outdoor cafes and restaurants may be established as an accessory
use to a permitted restaurant use in any zoning district that permits
restaurants. No person, however, shall establish, maintain, own or
operate any outdoor cafe or restaurant nor serve food, liquor or other
beverages outdoors or at tables outdoors on any public street, sidewalk
or alleyway without first having obtained a license with the Clerk
of the Borough of South River.
B.
Outdoor cafes and restaurants shall submit a completed application, fee as provided in § 155-17, a certificate of insurance as required in § 241-6A and a sketch of the outdoor dining plan/placement of tables for the outdoor dining license with the Clerk of the Borough of South River. Upon receipt of a completed application, the Borough Clerk shall issue the license. Said license shall bear the signature of the Borough Clerk.
C.
Nothing contained herein shall be deemed to waive any obligations
by the license holder under this chapter from complying with any applicable
ABC or health regulation. A cafe or restaurant must meet the requirements
for a retail food establishment as defined in state statute, State
Sanitary Code and any and all other state, county or local regulations,
and for purposes of this chapter must meet the following additional
requirements:
(1)
The amount of available outdoor table seating shall not exceed the
amount of available indoor table seating at said establishment. Seating
at the bar in an establishment shall not constitute indoor table seating
for computing the amount of available outdoor table seating that an
establishment may have.
(2)
The establishment must comply with the restaurant requirements as
to restroom facilities under the Uniform Construction Code, unless
exempt from same.
The establishment of an outdoor cafe or restaurant pursuant
to this chapter shall not require the holder of said license to acquire
any new and/or additional parking as a result of the grant of said
license and the operation of an outdoor cafe and/or restaurant.
Any and all lighting which shall be utilized by an outdoor cafe
and/or restaurant shall conform to the following criteria:
A.
Only low-level lighting may be utilized.
B.
Maximum level of illumination shall be 1.0 fc at the curbline and
to all property lines as extended to the curbline.
C.
No lighting shall shine directly into the public roadway.
D.
No lighting shall simulate or resemble, in color or operation, any
traffic control device.
A.
Any sidewalk cafe or restaurant choosing to provide sidewalk dining
must have a minimum insurance liability policy of $500,000, must name
the Borough of South River as an insured and provide the Borough with
a certificate of insurance.
B.
Notwithstanding the restrictions and regulations enumerated herein,
outdoor cafes and restaurants shall be allowed to operate at any time.
C.
In accordance with South River Borough Code § 350-20D(5)(b), all eating areas on the front facade of a building shall be of temporary nature and shall not block pedestrian circulation on any Borough sidewalk.
D.
Clear, straight and unobstructed passage for pedestrians of at least
five feet in width shall be maintained at all times.
E.
When a cafe ceases operation for a period of five days or longer,
all furniture and equipment utilized for outdoor dining shall be removed
from the sidewalk and stored inside.
F.
All licenses are issued on the condition that the use of a Borough
sidewalk for outdoor dining shall be terminated pursuant to an order
of the Chief of Police or Fire Inspector when necessary, in the opinion
of such official, to respond to the needs of law enforcement or fire
suppression.
All permits issued by the Borough prior to the amendment of
this chapter remain valid and enforceable for the operation of an
outdoor dining establishment.
