[HISTORY: Adopted by the Township Committee of the Township of Cranbury 9-11-2006 by Ord. No. 08-06-20. Amendments noted where applicable.]
As used in this chapter, the following words and phrases shall have the meanings indicated:
- The holder of a valid outdoor dining license under the terms and provisions of this chapter.
- MENU BOARD
- A sign affixed to the building of a restaurant that displays the menu of such restaurant and is not freestanding.
- OUTDOOR DINING AREA
- Any area designated on the subject property and/or on the sidewalk within the public right-of-way that is approved by the Township for use for outdoor dining. Outdoor dining areas are characterized by tables and chairs, and may be shaded by awnings, canopies, umbrellas, or other roofs or coverings, and shall include open porches.
- OUTDOOR DINING USE
- The use of a dining area located outside the confines of a building principally used as a restaurant in which food and beverage products are served.
- That portion of a public street right-of-way between the curbline of a roadway and the adjacent property lines which is improved for use by pedestrians.
It shall be unlawful for any person to operate an outdoor dining use or area within the Village Commercial (VC) Zone in the Township of Cranbury without a license as provided by this chapter. An outdoor dining license issued for outdoor dining areas that are wholly or partially within a public right-of-way shall be a license to use the sidewalk for such purposes only and shall not grant nor shall it be construed or considered to grant any person any property right or interest in the sidewalk.
Each license shall be effective from January 1 until December 31 and shall be annually renewed upon the submission of an application, provided all conditions of site plan approval and this chapter are met. There is no annual fee for an outdoor dining license.
[Amended 10-28-2013 by Ord. No. 10-13-25]
In the case of an application for a renewal license only, if the outdoor dining use or layout is to be modified, the applicant shall first prepare and submit a new plan to the Township Zoning Officer, who shall determine whether such modification requires amended site plan approval from the applicable land use board.
Application for an initial outdoor dining license or a renewal license shall be made to the Township Clerk.
The application shall be accompanied by the following:
In the case of an initial application only, the resolution of approval from the appropriate land use board of the site plan for the outdoor dining use.
In the case of a renewal application only, a signed certification from the applicant that all conditions of the site plan approval continue to be met.
Proof that the applicant holds a valid occupational license for a business establishment.
The Township Clerk shall approve or disapprove the application within 15 calendar days following its submission.
The licensee shall be required to obtain insurance to indemnify, defend, save and hold harmless the Township, its officers, agents and employees from any and all claims, liability, lawsuits, damages and causes of action that may arise out of this license or the licensee's activity regarding the outdoor dining area.
The licensee shall also be required to maintain insurance demonstrating coverage of the following types and in the following amounts:
The certificate of insurance shall name the Township of Cranbury as an additional insured and an endorsement must be issued as part of the policy to evidence compliance.
The Township shall receive at least 30 days' written notice prior to any cancellation, nonrenewal or material change in the coverage provided.
The certificate shall remain in full force and effect for the term of the license.
Outdoor dining licensed under this chapter shall be subject to the following rules and regulations:
The license issued shall be personal to the licensee and shall not be transferable.
The Township Administrator or Chief of Police may require the temporary removal of the outdoor dining area located within the public right-of-way by the licensee when street, sidewalk, or utility repairs necessitate such action or when it is necessary to clear sidewalks.
The Township Administrator or Chief of Police may cause the immediate removal or relocation of all or any part of the outdoor dining area located within the public right-of-way or its fixtures in emergency situations. The Township, its officers, agents and employees shall not be responsible for any damages or loss of outdoor dining fixtures relocated during such emergency situations and shall not be responsible for any costs associated with the removal or the return and installation of any outdoor dining fixtures.
The outdoor dining use shall be specifically limited to the outdoor dining area shown on the approved site plan submitted with the application for an outdoor dining license.
The licensee shall ensure that the outdoor dining area does not interfere with or limit the free unobstructed passage of sidewalk users in the approved pedestrian path.
Tables, chairs, umbrellas, canopies, awnings, porch roofs and any other fixtures used in connection with an outdoor dining area shall be maintained with a clean and attractive appearance and shall be in good repair at all times.
Tables, chairs, awnings, canopies, umbrellas and any other decorative material shall be fire-retardant or manufactured of fire-resistant material.
No tables, chairs or any other fixtures used in connection with an outdoor dining area located within a public right-of-way shall be attached, chained, or in any manner affixed to any tree, post, sign or other fixture.
The outdoor dining area, including the area extending from the outdoor dining area to the street and five feet beyond either end, shall be maintained in a neat and orderly appearance at all times and shall be cleared of all debris on a periodic basis during the day and at the close of each business day.
Patrons may not be seated in the outdoor dining area prior to 7:30 a.m. or remain seated in the outdoor dining area after 10:00 p.m., and no table service in the outdoor dining area will be permitted after 9:30 p.m.
The licensee shall notify the Township Administrator and Chief of Police in writing at least 24 hours prior to the first day on which the operation of the outdoor dining use begins.
No food preparation shall be allowed within the outdoor dining area. There shall be no cooking, storage, cooling or refrigeration or other equipment located in the outdoor dining area.
The licensee shall be responsible for the repair of any damage to the sidewalk caused by the outdoor dining use.
Tables or chairs shall not be placed within four feet of fire hydrants or counter service windows, or within two feet of any building entrances and/or exits.
The operation or activities within the outdoor dining area shall not create undue noise, glare, littering, loitering, disorderliness or other such nuisance so as to be a detriment to adjacent businesses or residents living within 200 feet of the outdoor dining area.
The licensee shall comply with all applicable Township, county, state and federal regulations, laws or ordinances.
The licensee shall be required to display in a conspicuous location that portion of the approved site plan that shows the layout of the outdoor dining area.
An outdoor dining license may be suspended or revoked, or a license renewal denied, if the licensee has failed to correct violations of the ordinances or other applicable laws or regulations within three days of receipt of the Township's notice of same delivered in writing to the licensee.
Any violation of the terms of this chapter, of any condition of the license, or of any state, federal or local law or regulation will result in the revocation of the license and may further subject the licensee to any applicable penalties, including but not limited to the general penalties set forth in § 1-15 of this Code.
The provisions of this chapter shall be enforced by the Police Department, Zoning Officer and/or Health Officer, as appropriate, based on the nature of the violation.
Any person aggrieved by the actions of the Township Clerk in revocation or denial of an outdoor dining license shall have the right to appeal to the Township Committee.
Such appeal shall be made with the Township Clerk within 10 days after notice of the decision has been made.
Such appeal shall be in writing, including a written statement setting forth the grounds of the appeal, together with such fee as the Township Committee shall from time to time establish by resolution.
The Township Clerk shall set a time and place of hearing for the appeal at which time the Township Committee shall conduct a hearing to affirm, modify or reverse the decision appealed from.
If any section of this chapter is adjudged invalid, such adjudication shall apply only to the specific sections so adjudged and the remainder of the chapter shall be deemed valid.
This chapter will take effect upon its passage and publication and upon the filing of a copy of said chapter with the Middlesex County Planning Board, as required by law, except that existing dining establishments shall have six months from the effective date of this chapter to submit the site plan application required herein to the Planning Board.