Township Council Meeting — Packet

Revised Version with Amendments from 5.6.25 Council Meeting AND Changes Pursuant to N.J.S.A. 55D-166 (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; (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. (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 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,

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

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).

Revised Version with Amendments from 5.6.25 Council Meeting AND Changes Pursuant to N.J.S.A. 55D-166 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. 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 If any part of this Ordinance shall be deemed invalid, such parts shall be severed and

which are in conflict with this Ordinance are hereby repealed to the extent of such conflict. IV. SEVERABILITY 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.

Revised Version with Amendments from 5.6.25 Council Meeting AND Changes Pursuant to N.J.S.A. 55D-166 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: September 8, 2025

Revised Version with Amendments from 5.6.25 Council Meeting AND Changes Pursuant to N.J.S.A. 55D-166 2935-25 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.

783-25 September 8, 2025 WHEREAS, Donato Reali is the holder of Plenary Retail Consumption License No. 0722-33-021-005, currently held in Pocket status; and WHEREAS, Doherty Ramen of West Orange, LLC, has made an application for a Person-to-Person Transfer for the above-mentioned license; and WHEREAS, the principal has been investigated by the Township Police Department with no impediments to an interest in an alcoholic beverage license; and WHEREAS, due notice of the proposed transfer was published in the West Orange Chronicle on April 17, 2025 and April 24, 2025, appropriate fees have been paid by the applicant, and tax clearance for the transfer has been received; and WHEREAS, a public hearing was conducted on September 8, 2025 and no one appeared in opposition thereto; and NOW THEREFORE BE IT RESOLVED that the Township Council of the Township of West Orange hereby authorizes the Person-to-Person Transfer of Plenary Retail Consumption License No. 0722-33-021-005, from Donato Reali to Doherty Ramen of West Orange, LLC. and is hereby approved.* JOE KRAKOVIAK, Council President/ ABC Board Chairman KAREN J. CARNEVALE, R.M.C., Municipal Clerk/Secretary to the ABC Board Adopted: September 8, 2025 Effective: September 8, 2025 * Per Public Law 2023, Chapter 290, inactive license holders no longer need apply to the Division of ABC for relief. Therefore, this license has the current license term of 2025-2026, and 2026-2027 to exist. The license term of 2027-2028 would be at the Township’s discretion. If the township agrees to the renewal of license term 2027-2028, the license must be placed and activated by August 1, 2028, or will cease to exist. If the Township does not agree to allow the licensee to renew for the 2027-28 license term, the license will cease to exist on August 1, 2027.

784-25 September 8, 2025 WHEREAS, The Inn at the Manor, Inc. is the holder of Plenary Retail Consumption License No. 0722-36-072-001; and WHEREAS, Orange Hospitality, LLC, has made an application for a Person-to-Person Transfer for the above-mentioned license; and WHEREAS, the principal has been investigated by the Township Police Department with no impediments to an interest in an alcoholic beverage license; and WHEREAS, due notice of the proposed transfer was published in the West Orange Chronicle on July 31, 2025 and August 7, 2025, appropriate fees have been paid by the applicant, and tax clearance for the transfer has been received; and WHEREAS, a public hearing was conducted on September 8, 2025 and no one appeared in opposition thereto; and NOW THEREFORE BE IT RESOLVED that the Township Council of the Township of West Orange hereby authorizes the Person-to-Person Transfer of Plenary Retail Consumption License No. 0722-36-072-001, 107 Prospect Avenue, West Orange, NJ 07052, from The Inn at the Manor, Inc. to Orange Hospitality, LLC, and is hereby approved. JOE KRAKOVIAK, Council President/ ABC Board Chairman Adopted: September 8, 2025 Effective: September 8, 2025 KAREN J. CARNEVALE, R.M.C., Municipal Clerk/Secretary to the ABC Board