2935 25 Revised with Amendments Ordinance to Outdoor Cafe 4911 2488 7631 v1 Final Clean

Revised Version with Amendments from 5.6.25 Council Meeting AND Changes Pursuant to N.J.S.A. 55D-166 otherwise under the jurisdiction of the Division of Alcoholic Beverage Control and may also deny, revoke, or temporarily suspend the permit of any applicant or permittee based on any action taken against the applicant or permittee by the Division of Alcoholic Beverage Control related to the division’s enforcement of any law or regulation related to the consumption or control of alcoholic beverages under its jurisdiction. q. An appeal to any approval, denial, revocation or suspension may be filed through the municipal clerk with the Township Council. The Township Council, or its designee, shall conduct a hearing and render a decision within 30 days of the filing of the appeal. The Township Council may designate a municipal official or attorney to serve as the hearing officer in place of the Township Council for the purpose of conducting said hearing and rendering said decision. r. A permit issued pursuant to this Ordinance shall be subject to annual renewal. s. If the Township approves an application for the holder of an alcoholic beverage manufacturer license or retail consumption license the applicant shall submit its endorsement to the Director of the Division of Alcoholic Beverage Control pursuant to N.J.S.A. 40:55D-165. t. Notwithstanding any provision of P.L.2024, c.95 (C.40:55D-164 et al.) to the contrary, all other municipal ordinances pertaining to sanitation, property maintenance, noise, business days and hours of operation, and days and hours of service of alcoholic beverages shall apply, unless specifically suspended or modified by the Township or specifically prohibited by the provisions of this section. u. The Township may either prohibit or limit the days and hours of any live performances, including musical performances, and the playing or projection of any content from a recording, streaming service, or television, cable, or Internet broadcasting service in outdoor spaces or on public sidewalks as a condition of the zoning approval pursuant to sections 3 and 4 of P.L.2024, c.95 (C.40:55D-166 and C.40:55D-167). v, A public sidewalk or an outdoor space, including pedestrian walkways and pedestrian malls, which is subject to a premises expansion permit issued pursuant to section 2 or section 3 of P.L.2024, c.95 (C.40:55D-165 or C.40:55D-166)

or space, including pedestrian walkways and pedestrian malls, which is subject to a premises expansion permit issued pursuant to section 2 or section 3 of P.L.2024, c.95 (C.40:55D-165 or C.40:55D-166) shall be considered a portion of the premises that is open to the public for the purposes of section 5 of P.L.1999, c.90 (C.2C:33-27).