The tables and chairs shall be sturdy and of sufficient strength to be used for the purpose intended.

The layout of tables and chairs shall not in any way interfere with pedestrian or vehicular safety or with necessary access for firefighting equipment and ambulances or personnel. An unobstructed paved surface for pedestrian traffic at least six feet wide shall be maintained upon any private sidewalk or sidewalk within the public right-of-way.

The highest standards of cleanliness of the outdoor area shall be maintained at all times, including frequent litter removal, within and around and beyond the subject property. A plan for litter removal, trash handling, and overall cleanliness and maintenance must be submitted together with the application.

The hours for outdoor service shall be between 7:00 a.m. and 11:00 p.m. All tables, chairs and equipment shall be secured and covered so as to render the same unusable, no later than 11:30 p.m. No tables, chairs, benches or other equipment used shall be attached, chained or in any manner affixed to any tree, post, sign, curb or sidewalk.

Noise shall be kept at such a level as to comply with all provisions of the Township ordinances relating to noise as well as all applicable state statutes. No outdoor music, public-address system, loudspeakers or any other type of exterior sound systems shall be permitted.

Lighting servicing the outdoor dinning shall be kept at the minimum necessary to ensure the safety of the public and patrons of the establishment. No lighting provided specifically for outdoor dinning shall spill onto adjacent residential properties.

Outdoor dining shall not be permitted if it will interfere in any way with the peace and quietude of nearby residences.

Low barriers of a temporary nature may be placed at the edge of the seating area during business hours so long as there is no interference with public safety or pedestrian movement patterns.

No food or drinks served or consumed at locations licensed for outdoor dining shall be prepared or stored other than in the interior of the eating establishment.

No tables or chairs shall be placed in existing parking spaces.

No direct sales to patrons through an opening in walls or windows shall be permitted.

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

Alcoholic beverage service and consumption shall only be permitted with food service to the customers.

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 service of alcohol in the outdoor dining area which is a part of the premises for which a liquor license has been previously issued.

There shall be no additional signage on the premises or on the furnishings and equipment utilized as part of the outdoor dining operation.

All tables and chairs in connection with outdoor dining shall be located within 10 feet of the building improvement which constitutes the subject food establishment.

There shall be no tables or chairs located within 30 feet from any curb or paved portion of a county road.

Where outdoor dining is proposed to be located directly adjacent to parking spaces which provide for head-on parking or parking angled towards the proposed outdoor dining area, protective bollards or barriers, as approved by the Township Planning Board as part of a site plan application, shall be required.

Application for the license required hereunder shall be made to the Zoning Code Enforcement Official and shall be signed by the applicant. The application must be renewed annually and shall be on prescribed forms and shall contain the following information:

The Zoning Code Enforcement Official will review the application for completeness and compliance with the terms of this article. The Zoning Code Enforcement Official will act upon the same within 20 business days of the submittal of a complete application. If the application is not complete, the Zoning Code Enforcement Official will so notify the applicant within 20 business days of the submission and specifically detail the areas in which the application lacks compliance with the requirements of this article.

For each application, the Zoning Code Enforcement Official may approve the application and issue a license, or may approve the application with amendments and conditions, or may disapprove the application. Appeal of any action taken by the Zoning Code Enforcement Official may be made to the Wyckoff Zoning Board of Adjustment.

In processing applications, the Zoning Code Enforcement Official shall confer as it deems necessary with the Building Department, Police and Fire Departments and Zoning and Planning Departments and shall use as criteria for decisionmaking the following parameters:

The license shall be personal to the applicant, and any change or transfer in the ownership interest of the business entity or establishment utilizing the license shall terminate the license and shall require a new application and a new license in conformance with all of the requirements of this article.

Acceptance of the license by the applicant shall operate as a consent to the Health, Fire, Police and Building Officials of the Township to inspect the establishment for continued compliance with the terms and conditions of this article and any federal, state, county or local law, article or regulation affecting the same.

Insurance.

The applicant shall also file with the Zoning Code Enforcement Official a statement agreeing to indemnify and hold harmless the Township of Wyckoff, its agents, servants, representatives or employees from any or all claims, damages, judgment costs or expenses, including attorneys’ fees, which they or any of them may incur or be required to pay because of any personal injury, including death, or property damage suffered by any person or persons as a result of or related in any way to the operation and maintenance of the outdoor dining for which the license is issued.

Applicable establishments as set forth in § 186-73 are permitted to place benches for patrons awaiting seating, so long as an application as set forth above is submitted and all other parameters of this article are satisfied.

It is solely the responsibility of the proprietor of the establishment to obtain Board of Health approval, if necessary.

Seasonal outdoor dinning as permitted by a license issued pursuant to this article shall in no way affect the parking requirements of the establishment.

An amended application is permitted, but changes to the approved plan shall not be permitted without receiving approval of such amended application.

Any license issued hereunder is issued solely as a revocable license, which shall be subject to revocation or suspension by the Zoning Code Enforcement Official for failure of any licensee to comply with this article or for violation of any other applicable federal, state, county or municipal law, regulation or ordinance. Any license issued hereunder is issued upon the express understanding that the licensee obtains no property right thereunder nor any interest in the continuation of said license.

In addition to the powers of revocation or suspension as set forth above, the Township reserves the right to modify, suspend or revoke any license on 10 days' written notice if the Township determines that pedestrian traffic is, in fact, impeded or made unsafe because of the outdoor dining or because of any other safety issue or noise complaints which the Township determines adversely affect the residents of the Township as a result of such operation. The license may also be suspended or revoked on 10 days' written notice in the event that the Township determines that it is necessary to utilize the area or any part thereof in connection with construction activity, utility repairs or improvements, special events, or any other reason deemed necessary by the Township. In the event of an emergency, which emergency is certified by the Township Administrator, the license may be suspended or revoked without notice.

The licensee is required to display the license certificate prominently in the front window of the establishment. Failure to properly display the requisite permit certificate shall result in suspension or termination of the license by order of the Zoning Code Enforcement Official.

The licensee agrees at the end of the license period, or in the event that the license is temporarily or permanently suspended or revoked, that the licensee will, at his own cost and expense, remove all tables and chairs from any outdoor dinning area and vacate any public right-of-way, if applicable. Failure to do so by 10:30 p.m. on the day on which written notice is received shall grant to the Township the right to remove any such tables, chairs or property used in connection with outdoor dinning, and the licensee agrees to reimburse the Township for the cost of removing and storing the same.

When referenced herein, the definition of “sidewalk” shall include both sidewalks located in the public right-of-way and sidewalks located on private property outside of any public right-of-way.