Morristown ups inspection fees for sidewalk cafes as outdoor dining grows

MORRISTOWN — The Town Council unanimously approved an ordinance raising annual fees for so-called "sidewalk cafes" at local restaurants and other eateries with more than 10 seats.

The 5-0 vote at Tuesday's meeting − councilmembers Stefan Armington and Toshiba Foster were absent − gave final approval to a proposal introduced last month that boosts yearly payments for the majority of Morristown establishments. The town began charging businesses $250 per year for outdoor starting in 2018, but the fees were waived during the COVID-19 pandemic to help keep businesses afloat.The plan could raise fees for about 70% of the town's restaurants, according to the Morristown Partnership, which represents local businesses. But officials say it's necessary to help the town oversee and inspect outdoor dining options that have multiplied since the pandemic put a damper on indoor service.

Now, under a tiered system created by Morristown Clerk Margot Kaye, restaurants with a liquor license will pay $500 annually if they have 11 to 25 seats, $750 for 26 to 50 seats, and $1,000 for more than 50 seats. Businesses without a liquor license will see prices rise to $375, $500 and $625, respectively.

Smaller eateries with 10 seats or fewer will continue to pay $250 annually, whether they have a liquor license or not.

Kaye said the payments will help the town oversee the process of approving and maintaining sidewalk cafes, which require "quite a bit of effort" and "a lot of man hours." She based Morristown's sliding scale on a model used in Summit but also studied ordinances in Chatham, Denville, Florham Park, Madison, Hoboken and Jersey City, she said.

Kaye discovered that some towns do not allow outdoor dining year-round, and others impose inspection fees as high as $100 per visit at least twice per season. Morristown waives these fees, so she views the payment system as an equitable solution for the town and the restaurants.

"While I know that there were some questions related to the tiering and to the amounts, I feel very confident, based on the research that I've done in other towns, that this is more than fair," Kaye said. "I think it will be good for our smaller businesses, and I thank you for supporting it."

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Councilman Nathan Umbriac, the town's liaison to the Morristown Partnership, said some owners initially had questions about the methodology behind the fee increase. Ultimately, however, no one appeared during Tuesday's public comment session to speak on the ordinance.

"Margot definitely did her homework, and hopefully that alleviates some of the concerns or thoughts that people had regarding the basis for this," Umbriac said. Sidewalk cafes are a valuable asset to Morristown and help "increase the vibrancy of the downtown," he said.

Jennifer Wehring, executive director of the Morristown Partnership, estimated last month that about 70% of the town's restaurants would see a fee increase under the ordinance.

Kyle Morel is a local reporter covering Morris and Sussex counties.

Email: kmorel@njherald.com; Twitter: @KMorelNJH

This article originally appeared on New Jersey Herald: Morristown NJ raises fees for sidewalk cafes as outdoor dining grows