Interpretation submission 73026

FAST FOOD RESTAURANT - Shall mean the retail sale of ready-to-eat foods and beverages for on and/or off premises consumption, whenever the foods and beverages are available upon a short waiting time, and orders are placed by the customer at a counter, and primarily served in or on disposable wrappers, containers or plates, and where there is a seating capacity of more than 15 individuals. This does not include restaurants which have "take-out" as accessory to a traditional restaurant. 1. First, the foods must be “ready-to-eat.” The plain meaning of this is that the food has been pre- prepared and is awaiting pickup, such as a hamburger at a McDonalds. This is distinguished from the definition of “Restaurant” which is simply an “establishment which serves food and drink” ; and 2. Second, “available on a short waiting time.” This reinforces the above element, i.e., that the foods must be pre-prepared so that they are quickly available to the diner; and 3. Third, the orders must be placed at a counter; and 4. Fourth, the foods must be primarily served in disposable wrappers, containers or plates; and 5. Finally, there must be seating for more than 15. Each of the five elements must be present or the restaurant is not a “Fast Food Restaurant,” but simply a “Restaurant” under the West Orange Zoning Ordinance. For example, a pizza restaurant, sub shop or Chinese restaurant would not fit this definition because the pizza, sub sandwich or Chinese food is generally not pre-prepared and ready to eat – selections are made before the food is prepared and ready to be served - although pizza, a sub sandwich and Chinese food are all available on a relatively short waiting time, orders are placed at a counter, the food is often served in disposable containers and there may be more than 15 seats in the restaurant. Given the criteria required for a restaurant to be classified as a “Fast Food Restaurant,” we believe that Fast Casual Restaurants, such as Just Salad, Cava and honeygrow are NOT “Fast Food Restaurants” under the West Orange Zoning Ordinance, but simply “Restaurants” which are permitted in the P-C Zone. An operations statement from each of the three proposed tenants, Just Salad, honeygrow and Cava are attached to this application addendum that explains their operations and demonstrates why they are not Fast Food

s statement from each of the three proposed tenants, Just Salad, honeygrow and Cava are attached to this application addendum that explains their operations and demonstrates why they are not Fast Food Restaurants within the meaning of the West Orange Zoning Ordinance. Just Salad Just Salad’s operation is fundamentally distinct from the definition of “fast food restaurant” for the following reasons: 1. Made-to-Order Preparation: Just Salad does not sell premade or ready-to-eat food. Every salad and bowl is prepared individually, from scratch, based on each customer's specific selection of ingredients, proteins, and dressings at the time of order. A copy of its menu is attached. Nothing on the menu is pre-assembled, pre-plated, or held under a heat lamp for immediate pickup as in a conventional fast-food format. This level of in-house preparation is inconsistent with the fast-food model and reflects a standard similar to a traditional restaurant kitchen. 2. Dine-In Experience with Non-Disposable Serviceware: Guests who dine in are served on reusable plateware with metal silverware, not disposable wrappers or containers — directly contrary to one of the necessary elements of a Fast Food Restaurant in the Zoning Code. Just