[HISTORY: Adopted by the Borough Council of the Borough of Stone Harbor 6-2-2020 by Ord. No. 1568. Amendments noted where applicable.]
A. 
The intent and purpose of this chapter is to promote outdoor dining in the downtown business district to create a vibrant streetscape consistent with the surrounding landscapes and to provide unique dining experiences in the Borough. This chapter will outline the process for obtaining a license and standards with which to operate. Restaurants licensed in the Borough will be permitted to apply for an additional license to provide additional tables, chairs, and service in areas directly adjacent to the restaurant, including portions of the right-of-way.
B. 
Outdoor dining with or without the service of or consumption of alcoholic beverages is permitted for businesses licensed to serve food in the downtown business district.
A. 
Outdoor dining shall be permitted, provided that the dining establishment has complied with this chapter, obtained all appropriate licenses for service of food, and other approvals as may be required by the Borough Planning Board, Zoning Board, Zoning Official, Code Enforcement, Health Inspector, or any other Borough official.
B. 
Should the dining establishment be adjacent to the county right-of-way, then, in addition to Borough approvals, all county approvals and requirements must be met prior to application for a license to the Zoning Officer pursuant to this chapter.
The Borough reserves the right to amend, terminate, or repeal this chapter, and accordingly no property rights are granted to any person, persons, or entities by virtue of this chapter. All persons or entities seeking to comply with this section are hereby given express notice that any expenditures of funds, or other costs in reliance on the provisions of this chapter shall be at their own expense. All persons or entities seeking to comply with this chapter are hereby given express notice that they bear the sole risk of loss for any expenditures and costs in the event this section is amended, terminated, or repealed. The foregoing reservations apply to the use of the county right-of-way.
Outdoor dining areas shall be designed and regulated as follows:
A. 
The design of outdoor tables, chairs, umbrellas, and all other outdoor personal property of the dining establishment shall be aesthetically consistent with the surrounding architecture. Tables, chairs, and umbrellas shall be of sufficient weight and material so as to not be affected by wind and weather.
B. 
Additional signage or advertisements will not be permitted in the outdoor dining area. Signage previously approved shall remain unaffected.
C. 
No table shall be greater than 30 inches by 60 inches and shall seat no more than six patrons at a sitting.
D. 
The design and layout of the outdoor dining areas shall not cause any damage to Borough or county property, including any landscaping.
E. 
The dining establishment will be responsible for maintaining the area surrounding the tables to the highest standards of cleanliness. No trash, bus trays, or other refuse will be permitted to be stored in the outdoor dining area.
F. 
Dining establishments may begin seating patrons at 7:00 a.m. and continue until 10:00 p.m. All tables and chairs must be cleaned up no later than 12:00 midnight.
[Amended 4-19-2022 by Ord. No. 1606]
G. 
Alcohol is permitted to be consumed at tables whether served by the establishment or brought by the patrons where alcohol has been previously approved and consistent with the restaurant’s approvals. Loitering in the dining area while consuming alcohol is not permitted.
[Amended 4-19-2022 by Ord. No. 1606]
H. 
Dining establishments licensed to serve alcohol by the New Jersey Division of Alcoholic Beverage Control that are seeking to provide and allow for the consumption of alcohol in the outdoor dining area must strictly comply with this chapter and all other applicable laws of the Borough and State of New Jersey.
I. 
Dining establishments not licensed to serve alcohol by the New Jersey Division of Alcoholic Beverage Control that are seeking to allow patrons to consume alcoholic beverages in the outdoor dining area must strictly comply with this chapter and all other applicable laws of the Borough and State of New Jersey. In addition, no one visibly intoxicated shall be permitted to consume alcohol.
J. 
Music is permitted, provided noise levels are consistent with § 374-9F of the Borough's Noise Ordinance.
K. 
No additional outdoor lighting is permitted, with the exception of small candles or table lights, other than previously approved signs and light fixtures.
L. 
Barriers, whether permanent or temporary, are not permitted without site plan approval pursuant to Chapter 345.
M. 
Food shall be purchased inside the establishment or through wait staff served at tables. Outside sales will not be permitted.
N. 
The layout of outdoor tables, chairs, umbrellas and all other property shall not in any way interfere with pedestrian or vehicular safety, or with necessary access by fire, police, and ambulance personnel. Any seating areas contained within 96th Street and Third Avenue must maintain a six-foot-clear sidewalk at all times in an area where the cross slope of the sidewalk does not exceed 2% or is consistent with the pedestrian path. All other areas of the Borough adjacent to restaurants must maintain a three-foot-clear sidewalk at all times in an area where the cross slope of the sidewalk does not exceed 2% or is consistent with the pedestrian path. Umbrellas must provide a clear seven feet beneath the surrounding edge of the umbrella.
[Amended 4-19-2022 by Ord. No. 1606]
(1) 
Any dining establishment providing outdoor dining area sidewalk passage of less than five feet in width where the sidewalk passage is 200 feet or longer shall provide passing spaces at intervals of 200 feet maximum. The minimum dimension of pedestrian passage at passing spaces shall be fivefeet wide for a distance of fivefeet.
O. 
The layout of the outdoor dining area, and all items therein, shall be arranged in a manner providing no less than six feet within 96th Street and Third Avenue and three feet in all other areas of unobstructed paved passageway for pedestrians walking through the outdoor dining area. The purpose of this section is to provide pedestrians a minimum of six feet within 96th Street and Third Avenue and three feet in all other areas of free passage at all times and under all conditions on paved areas. The minimum six feet within 96th Street and Third Avenue and three feet in all other areas of passageway shall be completely free of obstructions, including but not limited to trash and recycling receptacles, benches, trees, poles, and any other sidewalk installations.
[Amended 4-19-2022 by Ord. No. 1606]
P. 
The outdoor dining area shall be permitted between the curb and building adjacent to the dining establishment. In no event shall the dining area or pedestrian passageway enter or cross a Borough or county street.
Any dining establishment seeking a license for outdoor dining pursuant to this chapter shall apply to the Zoning Officer of the Borough annually in conjunction with the submission of an application for mercantile license. Approval must be obtained from the Zoning Officer, and all additional approvals for consumption of alcohol at the outdoor dining areas must also be obtained, when applicable, before the dining establishment may begin to set up any outdoor dining areas.
The application for an outdoor dining area license shall be on Borough forms, filled out completely, and submitted to the Zoning Officer of the Borough in accordance with the schedule set by the Borough. The following items and information shall be provided:
A. 
Scaled layout of the proposed tables, chairs, and any other items necessary for outdoor dining. The plan shall include dimensions of the tables and chairs along with the pedestrian pathway and any other Borough-owned facilities within the dining area, including but not limited to: light poles, benches, trash/recycling receptacles, trees, planters, and any other Borough-owned property.
B. 
Whether the dining establishment seeks to allow for the consumption of alcoholic beverages in the outdoor dining area, and if so, whether the dining establishment is licensed and approved by the New Jersey Division of Alcoholic Beverage Control to serve alcohol in the outdoor dining area.
C. 
A detailed narrative, supported by a plan of relevant information, describing the method of serving tables, the proposed hours of outdoor service, where alcohol will be consumed at the outdoor dining area and how it will be served, and the method of outdoor litter control and trash/recycling handling.
D. 
Specifications for tables and chairs that include the style, color, size, and material to be used in the outdoor dining area.
E. 
A description of the adjacent buildings/businesses and how they will be affected by the outdoor dining area.
F. 
A nonrefundable $200 application fee paid to the Borough at the time the application is being made.
G. 
Proof that the county has approved the outdoor dining area in the county right-of-way, where applicable.
H. 
Proof of approval from the New Jersey Division of Alcoholic Beverage Control, when applicable.
Applications for outdoor dining shall be reviewed by the Zoning Officer of the Borough on a case-by-case basis. Where necessary, the Zoning Officer shall confer with the police, Fire Department, Construction Official, City Clerk, or Borough Engineer should the application warrant it. The following factors shall be used to determine approval for or continued licensure:
A. 
Pedestrian safety.
B. 
Level of pedestrian traffic in the area.
C. 
Vehicular safety.
D. 
Level of vehicular traffic in the area.
E. 
Public safety.
F. 
Management plan for cleanup, litter control, and trash/recycling handling.
G. 
Impact on existing landscape.
H. 
Potential interference with police or fire safety.
I. 
Interference with use and impact on adjacent property owners.
J. 
Present and past deviation from compliance with the terms of this section and other provisions pertaining to outdoor dining areas.
K. 
Adequacy of the design plan submitted pursuant to this chapter.
L. 
Compliance with county and state requirements.
No outdoor dining license shall be issued before the Borough receives proof of the following requirements.
A. 
Insurance. Each applicant must supply the Borough with a certificate of insurance to hold harmless the Borough, showing the limits of not less than $1,000,000 bodily injury and property damage, combined single limit of liability; and for any establishments that are permitted to allow or sell alcoholic beverages, the applicant shall also provide for liquor liability insurance with not less than $2,000,000 bodily injury and property damage, combined single limit of liability. The Borough shall be added to the liability insurance policy of the permit applicant as an additional insured. The policy or policies of insurance must be with a company or companies authorized to do business in the State of New Jersey and shall be delivered to the Borough, with evidence of payment of premiums thereafter. If the dining establishment abuts a county right-of-way, in addition to the above, the county shall be added as an additional insured. The Borough shall be designated by the applicant to be notified by the insurance company in the event of cancellation of insurance for any reason.
B. 
Hold harmless. Permit applicants shall agree to save, hold, and keep harmless and indemnify the Borough from and for any and all payments, expenses, costs, and attorney fees and from any and all claims and liability for losses or damage to property or injuries to persons occasioned wholly or in part by or resulting from any acts or omissions by the permit applicant or the permit applicant's agents, employees, guests, licensees, invitees, assignees, or successors; or for any cause or reason whatsoever arising out of or by reason of the use by the permit applicant and the conduct of the permit applicant's business within that portion of the outdoor dining area for which a permit was issued to the respective applicant. An application by a permit applicant pursuant to this section shall be deemed conclusive evidence of the permit applicant's agreement to indemnify the Borough as aforesaid. However, in addition, the applicant shall execute a hold harmless agreement in a form supplied by the Borough. If the dining establishment abuts the county right-of-way, in addition to the above, an application by a permit applicant pursuant to this section shall be deemed conclusive evidence of the permit applicant's agreement to also indemnify the county. Further, the applicant shall also execute a hold harmless agreement in a form supplied by the Borough indemnifying the Borough and the county.
The Borough reserves the right to revoke the dining establishment's license if it is determined that the establishment has failed to meet the requirements of this chapter or the conditions of their approval. In addition, if it is determined by the Police or Fire Department that there is an issue concerning public safety that is not immediately addressed, the license may be also be revoked.
Borough Council may amend this chapter by resolution during times of economic uncertainty or when extenuating circumstances require it.