The cafe shall be operated and maintained in accordance with the layout plan as finally approved.

No furniture, apparatus, decoration or appurtenance used in connection with the operation of the outdoor cafe shall be located in such a way as to impede the safe and speedy ingress and egress to or from any building or structure if a public sidewalk is to be utilized. Tables and chairs shall be placed adjacent to the building on the premises.

The area containing the tables and chairs shall be separated from the pedestrian passageway by planters. The height of a planter shall not exceed 36 inches, as measured from the ground surface to the edge of the planter except at street corners where the height of a planter shall not exceed 30 inches as measured from the ground surface to the edge of the planter. The height of the plant material in the planter shall not exceed 18 inches, as measured from the top edge of the planter to the highest point of plant growth. Planters shall contain only approved plant material which shall consist of any of the following: Ilex, Juniper, Taxus (Yew); Geranium, Marigold, Begonia, Verbena, Ivy Geranium, Vinca Vince and Petunia. Soil mixture shall be 1/3 topsoil, 1/3 sand and 1/3 humus. Moisture gel shall be added to improve water holding capacity. Plant material shall be properly maintained and all plant material which dies or is damaged shall be replaced immediately. Planters which are damaged or in disrepair shall be replaced immediately. All planters shall be removed within five days of the expiration of an outdoor cafe license.

There shall be a clear area at least five feet three inches in width from the planters to the curbline for pedestrian passage. No furniture, apparatus, decorations, trees, benches or other appurtenances shall be located within such five-foot three-inch area.

Service in the outdoor cafe shall be provided by persons engaged or employed for that exclusive purpose and shall be furnished to seated patrons at tables only.

The sidewalk area utilized for the cafe shall be kept clean and free of litter. Trash receptacles shall be provided. Sidewalk areas shall be kept clean during hours of operation. Litter shall not be permitted on adjoining sidewalks or property. Sidewalks must be swept daily and debris placed in appropriate containers and not in the street or gutter. Sidewalks shall be washed as necessary.

Noise shall be kept at such a level as to comply with all provisions of the Borough ordinances relating to noise. In addition, there shall not be any public address systems, loudspeakers, sound systems, radios, or any other type of exterior sound systems.

Outdoor cafes shall be permitted to operate from 11:00 a.m. to 10:00 p.m.

If a public sidewalk is to be utilized within one hour after the closing of the outdoor cafe, the operator shall have all furniture, apparatus, decoration and appurtenances and any other items used in connection with the operation of such outdoor cafe except for planters removed from the outdoor cafe area. All such materials shall be stored in a safe and secure interior location in such a way as to not interfere with speedy ingress to the premises after hours by emergency service personnel.

The outdoor cafe shall be actually operated and maintained by the same person who operates and maintains the related restaurant of which the cafe is a part and extension thereof.

All food preparation shall be in the regular kitchen area of the related restaurant and such food preparation shall not be permitted inside the cafe area.

All outdoor furniture used in the cafe operation shall be of quality construction and durable for continued outdoor use. Outdoor furniture including umbrellas shall not contain advertising or logos of any type.

No food or beverage items shall be served in or upon paper products, plastic products or Styrofoam and no plastic utensils shall be utilized.

Paragraph m1. above shall be inapplicable to any person, firm, corporation or organization operating the business of an outdoor cafe in the B-1 Central Business District as well as any licensed eating establishment where food and other refreshments are served within said zone.

Alcoholic beverage service and consumption shall only be permitted with food service to the customers. This alcoholic beverage service and consumption shall be allowed in public notwithstanding any Borough ordinance to the contrary.

All necessary amendments to liquor license applications with regard to the description of the area of the licensed premises shall be made and approval for such obtained prior to the operation of an outdoor cafe which is a part of a premises for which a liquor license has been previously issued.

Public restroom facilities shall be provided in the building on the premises.

There shall be no additional signage on the premises.

The Borough retains the right to temporarily suspend an outdoor cafe license to allow for construction activity, utility repairs, special events or for any reasons deemed appropriate.