Fee Increase For Sidewalk Cafes Approved By Morristown Council

MORRISTOWN, NJ — Restaurants in Morristown will soon be required to pay higher fees in order to maintain their outdoor dining area.

During the pandemic, many local restaurants opened outdoor dining areas to keep their businesses running and their customers safe. Sidewalk cafés have grown in popularity, with many businesses opting to keep their outdoor dining areas open long after the pandemic restrictions have been lifted.

On Tuesday, the town council unanimously approved an ordinance raising annual fees for so-called "sidewalk cafés" at businesses with at least 10 seats.

Morristown imposed a yearly administrative fee of $250 per restaurant that offers outdoor dining in 2018, but the updated ordinance could result in some paying up to four times the 2018 rate.

Morristown Clerk Margot Kaye said she studied rates in Summit, Chatham, Denville, Jersey City, Madison and Hoboken in preparation before making this ordinance. In her research, she found that other towns have additional fees that Morristown currently does not, making their overall price higher.

For example, Kaye pointed out that Jersey City charges businesses for every inspection of their outdoor dining areas, whereas Morristown does not.

"Although the initial fee is $225 or $275, there is at least an additional $200 and probably, even more, considering the amount of inspections that tend to be required. Members of the staff here, we are tasked with going out and responding to any issues that are brought to our attention, and we don't charge for that," Kaye said.

The ordinance requires establishments with a liquor license to pay $500 if they have 11 to 25 seats, $750 if they have 26 to 50 seats, and $1,000 if they have more than 50 seats. Prices for businesses without a liquor license would rise to $375, $500, and $625, respectively.

The tiered system, according to Kaye, is designed to ensure fairness among restaurants of various sizes.

In response to some questions about the tier process and pricing, Kaye stated that she is confident enough in her research to say that the pricing the township arrived at is more than fair and will benefit smaller businesses.

Council Vice President Nathan Umbriac, who serves as the council liaison to the Morristown Partnership, which represents downtown businesses, said that "Margot really did her homework," in regard to the ordinance.

According to Umbriac, the Morristown Partnership recently discussed the increases, and the main consensus was that they wanted more clarification on the research process, which Kaye provided.

During the public hearing for the ordinance on Tuesday evening, no restaurant owners spoke out in support or opposition.

"Nobody is obligated to have an outdoor café, it is a choice," Council President Sandi Mayer said.