Franklin Lakes November 14, 2012 THE VILLADOM TIMES I • Page 7 Borough ordinance would permit outdoor cafés by Frank J. McMahon An ordinance that would permit the licensing of outdoor cafés in the borough’s retail business district has been introduced by the Franklin Lakes Borough Council and is expected to be adopted at the council’s Nov. 20 public meeting. The ordinance establishes regulations for the licensing of outdoor cafés in the retail business areas of the borough. In addition, the ordinance defines an outdoor café as “any eating establishment where food and other refreshments are served upon the public right of way, namely the sidewalks immediately in front of any restaurant, café, cafeteria, or place of business where food and/or other refreshments are served, or where permitted on private property pursuant to the borough’s land use ordinance.” A sidewalk is defined as “the area of the public right of way reserved for pedestrian traffic from the curb to the front line of the building housing an eating establishment.” To qualify as an outdoor café, the eating establishment must have interior seating and public restrooms. To operate an outdoor café, a license would be required. It would be unlawful for any person or entity to be engaged in the business of conducting an outdoor café on the borough’s sidewalks, or on private property, without a current, valid license. An annual application fee of $100 would be charged for the license. The person or entity seeking to obtain the license must demonstrate that a minimum of six feet of continuous unobstructed paved surface will be available for pedestrian traffic around or through the outdoor café, and that the outdoor café is directly in front of an eating establishment. The minimum requirement for continuous unobstructed paved surface on a walkway within a shopping plaza must be four feet. No food or drinks served at the outdoor café could be prepared or stored anywhere other than in the interior of the eating establishment. An application for the license would have to be made to the borough’s construction code official and would require specific information about the owners of the entity seeking a license to operate an outdoor café. In addition, a copy of a valid retail food establishment license issued by the board of health must be provided along with three sets of a proposed layout plan containing scale drawings clearly illustrating the number, type, color, and location of all tables, chairs, umbrellas, or other furnishings or fixtures intended to be located in the outdoor café. The perimeter of the outdoor café must be defined and set off by a portable type enclosure that may include live plantings. The enclosure must define the perimeter of the area to be used as an outdoor café and separate it from the pedestrians using the adjacent sidewalk. The enclosure may not contain doors, windows, air conditioning or heating equipment, and it must be open at all times to the air from a height of not more than three feet, although awnings or outdoor umbrellas extending over the enclosure would be permitted. The ordinance contains several other regulations, including one that requires each licensee to be responsible for keeping the outdoor café and the adjacent walks and streets free and clear of any debris or litter created by the café, and one that prohibits outdoor cafés from being open for business prior to 7 a.m. or after 10 p.m. All persons occupying the outdoor café would have to vacate the premises no later than 10:30 p.m. The Franklin Lakes Library Board of Trustees will meet in the Local History Room of the Franklin Lakes Public Library on Monday, Nov. 19. This 7:30 Library trustees plan meeting p.m. meeting is open to the public. For more information, call (201) 891-2224. The library is located at 470 DeKorte Drive.