Wayne, NJ Special Events & Permits: Sidewalk Dining & Cafés (2026)

Article IV of Chapter 149 of the Wayne Township Code governs outdoor dining. Section 149-31 sets two separate conditions. First, the operator needs an endorsement from the Township of Wayne Health Department to run a valid retail food establishment, as that term is defined in § 149-19. Second, the operator needs an annual endorsement by the Health Department and must pay the required fee under Chapter 75, Fees. Both conditions are phrased as flat prohibitions on operating outdoor dining without them. The Township Council amended § 149-31 on 6-4-2025 by Ord. No. 37-2025, and the same ordinance repealed former § 149-32 (Application) and § 149-33 (Review of layout plan), so the endorsement now runs through the Health Department rather than a layout-plan review.

The code still defines the physical setting. An outdoor cafe is a retail food establishment serving tables either in the part of a walkway between the parking lot and the adjacent building, or in an outdoor area next to the establishment with direct access to it. The required pedestrian passageway is an area of walkway, parallel to the adjacent building, at least 4 feet wide and unobstructed by tables and chairs.

Once operating, § 149-34 applies the operating rules. No outdoor dining can open before 7:00 a.m. or stay open after 12:00 a.m. Licensees cannot serve drivers or passengers of vehicles, and every customer must be seated to be served. All food preparation stays in the kitchen of the retail food establishment. Licensees must provide for disposal of recyclable cans, bottles and garbage and keep dining areas clean at all times. Noise must comply with the applicable ordinances, and smoking of any kind, including electronic vaping devices, hookah and cannabis, is banned in any outdoor cafe. Alcohol service needs a valid plenary retail consumption license from the Township Clerk plus a filed place-to-place transfer (expansion of premises) application; a restaurant without that license can let patrons bring their own wine and malt beverages, but never spirits or liquors. An annual inspection fee for the endorsement is set in Chapter 75.