Outdoor Cafes in the B1 B2 and PC Districts Ordinance 2935 25 Master Plan Consistency Review

August 4, 2025 Page 4 of 6 Master Plan Consistency Review – Ordinance 2935-25 105 Grove Street, Suite 3, Montclair, NJ 07042 • Phone: (973) 954-2677 • www.NishuaneGroup.com may deny an application based on current violations of any other health, safety, fire, permitted use, uniform construction code regulation or zoning regulation or upon any applicable law permitting the denial of a zoning permit. An application under this section shall not be considered a variance under the Municipal Land Use Law. p. The Township may deny, revoke, or temporarily suspend the permit of any applicant or permittee that violates, or is not in compliance with, any provision of this Ordinance, applicable State Law, or any provision of a regulation, ordinance or law related to health, safety, fire, permitted use, uniform construction code regulation, zoning, or consumption or control of alcoholic beverages not 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

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