[HISTORY: Adopted by the Board of Commissioners
of the Borough of Longport 5-14-2003 by Ord. No. 2003-09. Amendments noted
where applicable.]
GENERAL REFERENCES
Retail food establishments — See Ch. 102.
The purpose of this chapter is to permit daytime
outdoor dining on private property and sidewalks within the deeded
property line adjacent to local restaurants and with a limited area
in the public sidewalk right-of-way for the enjoyment of restaurant
patrons without disturbing the immediate neighborhood or pedestrian
traffic. It is intended to permit the tasteful, aesthetic use of tables
and chairs as aforesaid under the direction and approval of the Borough
of Longport Code Enforcement Department. The Commissioners of the
Borough of Longport intend to monitor and review the use of these
facilities after the adoption of this chapter to determine its full
impact upon the Borough and the enjoyment of its citizens.
The Borough of Longport reserves its right to
amend, terminate, and/or repeal this chapter, and accordingly no property
rights are granted to any persons or entities by virtue of this chapter.
All persons or entities are hereby given express notice that any expenditures
of funds in reliance on the provisions of this chapter are at their
sole risk of loss in the event this chapter is amended, terminated,
and/or repealed.
This chapter applies to all restaurants in the
Borough of Longport which currently have indoor seating for dining,
which seating has been authorized by the ordinance, Planning or Zoning
Board approval, or legal condition of nonconformity, as the case may
be.
Permitted installations are as follows:
A.
Within the deeded property line: outdoor tables and
chairs, totally within the deeded property of the food establishment
and service thereon to patrons, provided:
(1)
The design of the tables and chairs is aesthetically
pleasing and complementary to the surrounding architecture.
(2)
The layout of tables and chairs does not in any way
interfere with pedestrian or vehicular safety, or with necessary access
for fire-fighting equipment and ambulances or personnel.
(3)
The layout shall not cause irreparable damage to existing
landscaping.
(4)
Alcoholic beverages may be served or consumed inside
the restaurant or in an outdoor dining area by any restaurant offering
outdoor dining pursuant to a valid ABC license. A placard shall be
affixed to each outside table stating, "Alcoholic beverages may not
be removed from this dining area."
[Amended 6-29-2012 by Ord. No. 2012-06]
(5)
The highest standards of cleanliness of the outdoor
area shall be maintained at all times, including frequent litter removal,
within, around and beyond the subject property. A plan for litter
removal, trash handling, and overall cleanliness and maintenance must
be submitted together with the application.
(6)
The hours for outdoor services shall be between 7:00
a.m. and 10:00 p.m. Between the dates of October 14 and May 14 of
the following year, all tables, chairs and equipment shall be removed
and placed securely indoors no later than 10:30 p.m.
[Amended 5-20-2009 by Ord. No. 2009-13]
(7)
No outdoor music or public address system shall be
permitted.
(8)
No outside lighting shall be permitted except small
individual self-powered table lighting.
(9)
If the outdoor tables and seating cause complaints
from residential neighbors, and the problem is not immediately abated,
upon notice from the Chief of Police, the outdoor tables and seating
shall be removed.
(10)
Low barriers of temporary nature may be placed
at the edge of the seating area during business hours so long as there
is no interference with public safety or pedestrian movement patterns.
(11)
No outside cooking of any kind shall be permitted.
(12)
No direct sales to patrons through an opening
in walls or windows shall be permitted.
(13)
A minimum aisle width of two feet on each side
of the front door of the restaurant shall remain clear of facilities
for unobstructed ingress and egress of patrons and emergency personnel.
(14)
At the time of daily close of the restaurant, chairs and accessories
of the outdoor facilities shall be moved inside the restaurant or
other indoor location for overnight storage. The purpose of this provision
is to eliminate of use of the outdoor facilities by the public during
closed hours of the restaurant.
[Amended 7-23-2014 by Ord. No. 2014-09]
B.
Within the public sidewalk right-of-way: outdoor tables
and chairs on the public sidewalk, directly in front of or adjacent
to the food establishment, service thereon to patrons, provided:
(2)
The table/chair layout, and low barrier if applicable, shall be so
arranged that if patrons are seated in all chairs, no less than 54
inches’ unobstructed passageway for pedestrians shall be available.
The intention is that the public shall have a minimum of 54 inches
of free passage at all times and under all conditions.
[Amended 7-23-2014 by Ord. No. 2014-09; amended 12-17-2014 by Ord. No. 2014-14]
A.
Any establishment for which this chapter is applicable
must make application to the Code Enforcement Office, and receive
approval from this office and the Bureau of Fire Prevention office
prior to setting up any outside services, tables or chairs. The application
shall be on the prescribed form and shall be filled out completely
and submitted with the following attachments and exhibits, in triplicate:
(1)
Scaled layout of tables and chairs, and low barrier
if proposed, showing dimensions of tables, chairs and overall area,
as related to building facade, sidewalk, existing poles, news boxes,
trees, or other sidewalk installation.
(2)
A detailed narrative and plan of relevant information,
describing method of service, proposed hours of service outdoors,
and method of litter control and trash handling for outdoor service.
(3)
Photographs or diagrams of tables, chairs, etc. to
be utilized, showing style, design, materials, size and colors.
(4)
Landscaping layout in so far as landscaping relates
to table and chair arrangement.[1]
[1]
Editor's Note: Former Subsection A(4), which required evidence
regarding where chairs and accessories will be stored indoors after
10:30 p.m., was repealed 5-20-2009 by Ord. No. 2009-13. This ordinance
also provided for the redesignation of former Subsection A(5) and
(6) as Subsection A(4) and (5), respectively.
B.
Should this chapter be extended beyond the aforementioned
period, this application process must be annually renewed.
C.
The Code Enforcement Office and the Bureau of Fire
Prevention may approve each application as submitted, or may approve
the application with amendments and conditions or may disapprove an
application. Appeal of any disapproval, conditional, or amended approval
may be made to the Borough of Longport Planning Board.
D.
In processing applications, the Code Enforcement Office
shall confer as it deems necessary with the Building Department.,
Police and Fire Departments, Zoning and Planning Departments, Borough
Clerk, and/or Borough Engineer, and shall use as criteria for decision
making, the following parameters:
(1)
Pedestrian safety.
(2)
Vehicular safety.
(3)
Public safety.
(4)
Design, material, colors, layout aesthetics, and architectural
conformity.
(5)
Acceptability of the management plan for cleanup,
litter control, and trash handling.
(6)
Impact on existing landscaping.
(7)
Any potential interference with police or fire safety
access.
The applicant must have liability insurance
in effect at the time of application. If the restaurant operator is
not the property owner, then the property owner must likewise have
insurance in effect at the time of application by the restaurant operator.
The applicant and owner, if a different person or entity, shall execute
a hold harmless agreement in form supplied and approved by the Borough.
The Borough of Longport must be named as an additional insured on
the operator's policy as well as on the property owner's policy. The
limits of liability required are a minimum of $1,000,000 combined
single limit bodily injury and property damage or split limit of $1,000,000/$1,000,000
bodily injury liability and $100,000 property damage liability. In
addition, the County of Atlantic requires an additional certificate
of insurance indemnifying the county as well as a hold harmless agreement.
A.
It is solely the responsibility of the proprietor
of the establishment to obtain Board of Health approval, if necessary,
from the County Health Department.
B.
It shall not be necessary to modify the mercantile
license as part of the approval process.
C.
Outdoor tables shall not reduce the amount of legally
required off-street parking for the establishment.
In addition to any other penalties imposed by
law, in the event of noncompliance with this chapter, a written warning
by the Code Enforcement Officer or other official of the Borough of
Longport shall be issued to the violator. The violator shall remove
all outdoor tables, chairs, benches, and other outdoor facilities
if the violation is not immediately abated. Any person violating any
of the provisions hereof shall, upon conviction, pay a fine of not
more than $500 or be committed to the county justice facility for
not more than 30 days, or both, in the discretion of the judge before
whom the case shall be heard. Each and every day any violation continues
shall be considered a separate offense, punishable by a like fine
and/or sentence.
