Licenses required for outdoor dining
By: Jessica Beym
Downtown restaurant owners now have to obtain a township license if they want to offer outdoor seating to diners.
The Township Committee adopted an ordinance Monday that creates a process for getting a site plan for outdoor dining approved and spells out the regulations restaurant owners must follow.
Any restaurant owner in the village must have the Planning Board approve a site plan for outdoor dining if they have not done so already. Existing restaurants have six months from Monday to make an application.
Once site plan approval is given, the owner must then apply for a license with the township clerk. Proof of insurance and site plan approval are required. The license must be renewed annually and can be revoked if the owner doesn’t adhere to the rules, township officials said.
The ordinance also sets up the parameters for outdoor dining in the highway commercial area and within planned industrial parks in the research office or light industrial zones, but no license is required.
Township officials said the license is necessary in the village commercial area because of the mix of business and residential. The use of the license and the risk of having it taken away would give restaurant owners an incentive to comply, they said.
Some of the rules established through the ordinance specify that outdoor dining is only allowed between 7:30 a.m. and 10 p.m. with table service ending at 9:30 p.m.
Tables are only permitted in front of the building, but a variance from the Planning Board can be requested to have tables on the side of the building.
Music, entertainment and cooking are prohibited outside and there must be a 4-foot clearance on the sidewalks so pedestrians can pass easily. No signs other than a menu board are permitted outside the outdoor dining area, and the Planning Board must approve the design and location of any tables, chairs, canopies or umbrellas.
The ordinance also states that activities within the outdoor dining area "shall not create undue noise, glare, littering, loitering, disorderliness or other such nuisance."
Through the ordinance, the Cranbury police, zoning officer or health officer can enforce the regulations, depending on the type of violation.
Only one resident, Marjorie Gutman, of North Main Street, spoke during the public discussion, held before the ordinance was adopted.
Ms. Gutman said she thought the ordinance was a reasonable and fair way to accommodate both restaurant owners and residents, but she was concerned about how strictly the police would enforce the rules.
"It is sometimes noisy, especially in the summer when we have the windows open," Ms. Gutman said. "People stand around on the sidewalk, debriefing after their night. It’s a concern whether people will be outside after 10 (p.m.)"
Mayor Tom Panconi said if residents continue to experience a problem, they can call any one of the members of Township Committee to discuss it. Committee member Wayne Wittman said it would be mostly up to the police to enforce it, but he thinks restaurant owners would comply.
"You have the right to call the police, just like we have the right to revoke their license," Mr. Wittman said. "They stand to lose their license and if they value that, they will follow the rules."

