[HISTORY: Adopted by the Township Committee of the Township
of Manalapan 6-10-2020 by Ord. No. 2020-12. Amendments noted where applicable.]
The purpose of this chapter is to establish guidelines for restaurants
to procure a temporary emergency license to permit outdoor dining
to assist in recovery from the economic hardships caused by the COVID-19
pandemic.
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.
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 located in 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 from the Township Clerk in compliance with the provisions of Chapter 157 or a temporary emergency outdoor dining license in compliance with this chapter. Such license shall not be transferable from the person or entity to whom the license is issued.
A.
Every applicant for a temporary emergency outdoor dining facility
license shall file with the Township Clerk a sworn application which
shall contain the following information:
(1)
The name, address, and telephone number of the applicant.
(2)
The name, address, and telephone number of the retail food establishment
where outdoor dining is proposed to be maintained.
(3)
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.
(4)
Consent of the owner of the premises, if other than the applicant.
(5)
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 licensee's operation
of an outdoor dining facility.
(6)
A 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.
(7)
Photographs of the uses adjacent to the proposed outdoor dining area.
(8)
Photographs of the area where the outdoor dining will be located.
(9)
A screening and lighting plan, including details of the fixtures
and levels of proposed illumination.
(10)
Total number of seats on site, both indoor and outdoor.
(11)
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.
B.
Any applicant who is denied a license may request, in writing, a
hearing on the denial decision before the Township Committee on all
issues.
A.
The application for a temporary emergency outdoor dining license
is subject to review by the following offices: the Zoning Office,
the Police Department, the Health Department and the Construction
Office. The application shall be reviewed and a report delivered to
the Township Clerk within seven days of receipt. If the application
is deemed to be deficient, the applicant will be advised of the denial
and the reason(s) therefor, and the applicant may resubmit the application
at no additional charge or fee.
The license fee for each and every premises on which a temporary
emergency outdoor dining facility is conducted shall be $1. The fee
shall be paid with the license application and is not refundable.
No temporary emergency outdoor dining license shall be issued
unless the licensee shall have first filed an insurance certificate
demonstrating 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 AM
Best.
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.
A temporary emergency outdoor dining license shall be valid for six
months; provided, however, that all such licenses shall expire on
December 31, 2024.
[Amended 12-9-2020 by Ord. No. 2020-24; 3-10-2021 by Ord. No. 2021-03; 2-23-2022 by Ord. No. 2022-01; 11-30-2022 by Ord. No. 2022-16]
B.
An outdoor dining facility license may not be transferred in any
way.
C.
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.
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. The dining area may be located in an adjacent parking
area; provided, however, that adequate parking spaces are otherwise
available.
C.
The outdoor dining area must be clearly defined and limited by way
of a barrier, such as fencing, landscaping or a wall.
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. 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 recyclables 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 6:00 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 a temporary
emergency outdoor dining 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, unless the requirement for such
approval has been waived by state legislation, regulation or emergency
order of the Governor or the New Jersey Division of Alcoholic Beverage
Control.
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.
