Township Council Meeting — Packet

Revised Version with Amendments from 5.6.25 Council Meeting AND Changes Pursuant to N.J.S.A. 55D-166 Formatted: Right 2935-25 AN ORDINANCE AMENDING CHAPTER 25, SECTION 11.10 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF WEST ORANGE (OUTDOOR CAFES IN THE B-1, B-2 AND PC DISTRICTS) BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE TOWNSHIP OF WEST ORANGE, NEW JERSEY that Chapter 25, Section 11.10 of the Revised General Ordinances of the Township of West Orange be and are hereby amended as follows: I. PURPOSE The purpose of this ordinance is to modify the fines set forth in Chapter 25, Section 11.10 of the Revised General Ordinances of the Township of West Orange to require additional standards to be met regarding outdoor cafes located in the Township. II. CHAPTER 25 SECTION 11.10 SHALL BE AND HEREBY IS AMENDED AND SUPPLEMENTED TO INCORPORATE THE FOLLOWING: §25-11.10 BE AND HEREBY AMENDED AS FOLLOWS: • The portion entitled “Outdoor Cafes in the B-1, B-2 and PC Districts” which specifies the requirements for outdoor cafes in the Township of West Orange, shall be repealed and replaced by the following language: Outdoor cafes shall be permitted subject to the standards and conditions of § 5-10 of Chapter 5, General Licensing, of the Revised General Ordinances of the Township of West Orange and in conjunction with the following conditions: a. Adequate access for emergency response personnel must be allowed to the main entrance of the serving establishment from the outdoor serving area as defined by Township fire regulations. b. Adequate sidewalk access (at least four feet) must be maintained for easy passage of pedestrians on any public sidewalk or right-of-way. c. Some form of formal space delineation, such as a removal fence, shall be required in a parking lot or on sidewalks. d. Outdoor or patio type furniture must be used; upholstered furniture is prohibited. Outdoor cafes serving areas shall be kept broom clean by the establishment with no sweeping of food debris into any street or parking lot. Deleted: may be required during cafe business hours to define sidewalk space from cafe space.…

Revised Version with Amendments from 5.6.25 Council Meeting AND Changes Pursuant to N.J.S.A. 55D-166 Formatted: Right e. Street furniture (seating, tables, fencing, etc.) must be moved into the serving establishment when the outdoor cafe is not open for business. f. Cleanliness of the outdoor serving area is the responsibility of the serving establishment. g. Signage, in addition, to that permitted for the serving establishment pursuant to § 25-15, is prohibited. h. A sketch showing the proposed location of tables, chairs and umbrellas shall be prepared and submitted to the Director of Planning and Development for approval prior to the use of the sidewalk area. i. The use of the described locations shall be authorized by a sidewalk cafe permit issued by the Director of Planning upon compliance by the applicant with the requirements of this subsection and the payment of an annual fee to be prescribed by Resolution at the approval of the Township Council. j. Any permit issued by the Director of Planning shall designate the hours of operation of any sidewalk cafe or outdoor cafe which shall not exceed the hours of 8:00 a.m. to 10:00 p.m. k. Nothing herein shall be deemed to be a waiver of the provisions of any health and/or licensing ordinance regulating the operation of a sidewalk or outdoor cafe. Deleted: T Deleted: cafe Deleted: but in no event may a sidewalk cafe remain open after 11:00 p.m. on Sunday through Thursday or after 12:00 midnight on Friday, Saturday and legal holidays.… l. The use of any sound amplification device on sidewalk or outdoor cafes is prohibited. m. Whenever amplified sound or music is being played inside an establishment with an outdoor cafe or sidewalk cafe, all doors and windows that open to the outside sidewalk or outdoor café shall remain closed, except as necessary for entry and exit. n. As of the effective date of this Ordinance, the owner or operator of a restaurant that does not sell alcoholic beverages and the holder of an alcoholic beverage manufacturer license or retail consumption license seeking to utilize for purposes other than selling alcoholic beverages in outdoor spaces as an extension of their businesses shall file an application with the Municipal Zoning Officer and such application shall include: Formatted: Highlight Formatted: Highlight

Revised Version with Amendments from 5.6.25 Council Meeting AND Changes Pursuant to N.J.S.A. 55D-166 Formatted: Right (i) a plan, sketch, picture or drawing that depicts the design, dimensional boundaries, and placement of tents, canopies, umbrellas, tables, chairs, and other fixtures of the outdoor spaces; Formatted: Indent: Left: 1" (ii) a plan for the control of litter, the removal and storage of garbage, and the cleaning of fixtures and grounds. If a business premises’ parking lot is being used for the service and sale of either food or beverages, or both, the owner or operator of a restaurant that does not sell alcoholic beverages and the holder of an alcoholic beverage manufacturer license or retail consumption license shall not encumber more than seventy-five (75%) percent of the lot’s total parking spaces for service and sale, unless the parking lot contains less than eight parking spaces, and shall maintain at least one handicapped parking space in the parking lot. Formatted: Indent: Left: 1" Formatted: Highlight (iii) written consent of the owner of the premises, if other than the applicant. (iv) an insurance certificate naming the municipality as an additional insured, with general liability on an occurrence with a limit of liability of at least $1,000,000, with respect to losses arising solely from the operation of the outdoor dining facility; or an indemnification agreement with the municipality arising solely from the operation of the outdoor dining facility. o. The zoning officer shall issue an approval to the applicant within 15 business days of the application being submitted and deemed complete provided that the applicant meets and abides by all qualifications and requirements herein and imposed by N.J.S.A. 40:55D-164 et seq. with the exception that the zoning officer may deny an application based on current violations of any other health, safety, fire, permitted use, uniform construction code, 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. Formatted: Highlight 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,

e, 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, zoning, or consumption or control of alcoholic beverages not otherwise under the jurisdiction of the Division of Alcoholic Beverage Control and may also deny, Formatted: Highlight Formatted: Indent: Left: 0.5" Formatted: Highlight Formatted: Indent: Left: 0.5" Formatted: Highlight

Revised Version with Amendments from 5.6.25 Council Meeting AND Changes Pursuant to N.J.S.A. 55D-166 Formatted: Right 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. Formatted: Indent: Left: 0.5" r. A permit issued pursuant to this Ordinance shall be subject to annual renewal. Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Indent: Left: 0.5" 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. Formatted: Highlight Formatted: Highlight 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. Formatted: Highlight 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). Formatted: Highlight v, A public sidewalk or an outdoor space, including

dewalks 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). Formatted: Highlight 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) 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). Formatted: Highlight

Revised Version with Amendments from 5.6.25 Council Meeting AND Changes Pursuant to N.J.S.A. 55D-166 Formatted: Right Nothing in P.L.2024, c.95 (C.40:55D-164 et al.) shall be interpreted or construed as permitting or mandating the opening, expansion, or resumption of unlimited operations of a restaurant that does not sell alcoholic beverages and the holder of a COVID-19 Expansion Permit issued by the Director of the Division of Alcoholic Beverage Control pursuant to the provisions of Special Ruling No. 2020-10 or a premises expansion permit issued pursuant to section 2 of P.L.2024, c.95 (C.40:55D-165) that is closed, whether permanently or temporarily, or operating subject to limitations on its operations, service, or hours, as a result of disciplinary or legal sanctions imposed by, or entering into a settlement agreement with, a court of the State of New Jersey, a municipal court, the New Jersey Department of Law and Public Safety, the New Jersey Division of Alcoholic Beverage Control, or a municipal governing body acting as a local alcoholic beverage control board, as applicable. Nothing in P.L.2024, c.95 (C.40:55D-164 et al.) permits the use of State-owned rights-of-way for the purposes of outdoor dining . A permit for the use of the State rights-of-way shall be issued upon application and approval of the New Jersey Department of Transportation. For the purposes of locally owned roads that intersect the State highway system, setbacks from the State right-of-way line will be 50 feet from April 1 to October 31, and 100 feet from November 1 to March 31. w. The installation and continuous use of tents, canopies, umbrellas, tables, chairs, and other fixtures on private property or public property or right of way designated by the Township pursuant to this Ordinance shall be permitted provided that the tent, canopy, umbrella, table, chairs, or other fixtures conforms to all applicable provisions of the State Uniform Construction Code and Uniform Fire Code, which have been adopted by the Commissioner of Community Affairs pursuant to N.J.S.A. 52:27D-119 et seq. and N.J.S.A. 52:27D-192 et seq., respectively. Formatted: Highlight Formatted: Indent: Left: 0.5" Deleted: ¶ III. REPEAL OF CONFLICTING ORDINANCES Any Ordinances of the Township which are in conflict with this Ordinance are hereby repealed to the extent of such conflict. IV. SEVERABILITY

Revised Version with Amendments from 5.6.25 Council Meeting AND Changes Pursuant to N.J.S.A. 55D-166 Formatted: Right If any part of this Ordinance shall be deemed invalid, such parts shall be severed and the invalidity thereof shall not affect the remaining parts of this Ordinance. V. EFFECTIVE DATE This Ordinance shall take effect upon final passage and publication in accordance with the law. SUSAN MCCARTNEY, MAYOR JOE KRAKOVIAK, COUNCIL PRESIDENT KAREN J. CARNEVALE, R.M.C., MUNICIPAL CLERK INTRODUCED: July 22, 2025 ADOPTED: TBD Deleted: ¶ ¶ ¶ ¶ ¶ ¶ ¶ ¶ ¶ ¶

Revised Version with Amendments from 5.6.25 Council Meeting AND Changes Pursuant to N.J.S.A. 55D-166 Formatted: Right 2935-25 Formatted: Right Legislative History The purpose of this ordinance is to add additional requirements for establishments located in these B-1, B-2, and PC districts to operate an outdoor cafes. This Ordinance shall apply prospectively.

769-25 July 22, 2025 TOWNSHIP OF WEST ORANGE, ESSEX COUNTY, NEW JERSEY WEST ORANGE ABC BOARD RESOLUTION WHEREAS, an application has been filed by Angelitos, LLC t/a El Palacio DePollo, located at 540 Valley Road, West Orange, New Jersey, for renewal of its Plenary Retail Consumption License # 0722-33-039-008, for the 2025-2026 License Term, which License was obtained by Angelinos, LLC, on May 29, 2012, through a person to person transfer of said License from Duran & Vera, L.L.C., t/a El Rancho, which Licensee had a history of violations and incidents resulting in Special Conditions being attached to its License since the 2005 - 2006 License Term; and WHEREAS, the West Orange Police Department, due to the extensive enforcement history, repeated quality of life complaints from the neighborhood, and need for extensive police intervention, recommended that the Special Conditions attached to the prior Licensee, Duran & Vera, be carried over to the new Licensee, Angelitos, at least until experience with the operations of the new Licensee makes clear that those Special Conditions, or some of them, can be relaxed without putting the neighborhood at risk and overburdening the Police Department; and WHEREAS, a public hearing was conducted on May 29, 2012 and no one appeared in opposition to the person-to-person transfer, and Raymond Armour, Esq. Attorney for the transferee, was present and consented to the Special Conditions attached to the previous Licensee being transferred to the new Licensee; and WHEREAS, on May 29, 2012, the West Orange ABC Board approved the person to person transfer of Plenary Retail Consumption License #0722-33-039-008, to Angelitos, LLC t/a El Palacio DePollo, with the same Special Conditions attached to its License as had been attached to the previous Licensee and with the understanding and agreement that the same Special Conditions would be continued for the 2012 – 2013 and succeeding License Terms unless and until relaxed or eliminated at a subsequent renewal hearing after providing an opportunity for the Licensee to be heard; and WHEREAS, by letter dated and sent via regular and certified mail to the Licensee on May 9, 2025, the Licensee was notified of the Township ABC Board’s intention to continue the same Special Conditions upon renewal for the 2025-2026 License Term and offering a formal hearing in the event there was objection to