[HISTORY: Adopted by the Township Council
of the Township of Brick 5-26-1992 by Ord. No. 731-92 (Ch. 162 of the 1989 Code). Amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
The outdoor sale of inventory conducted by a fraternal, charitable
or other nonprofit organization which has been assigned a tax exempt
number by the Internal Revenue Service.
A sale, conducted on a lot occupied exclusively by a single-family
dwelling and conducted by the owner of such dwelling, of used furnishings
or other items of personal property of the owner and being sold primarily
for purposes of disposal of such personal property by such owner.
A designated area on the premises of a retail food establishment
or restaurant, but outside the principal building, and where patrons
may sit at tables while consuming food and beverages.
[Added 5-26-2020 by Ord.
No. 4-20; amended 9-22-2020 by Ord. No. 14-20]
The outdoor sale of inventory conducted for profit in association
with a principal building already operating as a permitted commercial
use.
A.
Garage and yard sales shall be permitted in all zones
in the Township, except that such sales shall not be of a continuous
duration of more than three days.
B.
No more than four garage, yard or flea market sales
shall be conducted by the same person or entity in any one calendar
year nor shall any more than four of any such sales by conducted on
the same tax lot in any one calendar year.
C.
Flea market sales shall be permitted in all zones
of the Township only by nonprofit organizations assigned a tax exempt
number by the Internal Revenue Service. Such sales shall not be of
a continuous duration of more than three days.
D.
Permit required.
(1)
No garage, yard or flea market sale shall be permitted
without first having obtained a permit for such sale from the Township
Clerk. Any person applying for such permit shall be required to complete
and file with the Clerk an application containing the following information:
(2)
The permit granted by the Township Clerk shall be
visibly posted at the location of the garage, yard or flea market
sale.
E.
In the case of a flea market sale, an application
shall be filed with the Clerk not less than five days before the start
of such sale and accompanied by a sketch of the site of the proposed
sale to be approved by the Construction Official. Such sketch shall
show the location of proposed booths or stands or other locations
for the placement of the merchandise and adequate avenues of traffic
ingress and egress to and through the site. Such sketch shall be attached
permanently by the applicant to any permit issued under this section.
A.
Outdoor sale display of inventory may be permitted
in connection with a principal commercial use after the issuance of
a permit under this section. Any individual or entity desiring the
issuance of any such permit shall file an application with the Township
Clerk, which application shall include the following:
(1)
A sketch of the premises where the sale is to be conducted,
showing the location of any building occupying the premises, the location
of any parking areas and the precise location where the inventory
to be displayed is to be located. Such sketch shall furthermore include
the tax lot and the block of the premises which is the subject of
such application and the location of the premises in relation to any
rights-of-way and a designation of the name and such rights-of-way.
(2)
A description of the inventory which is to be the
subject of the sale.
B.
Any outdoor display of inventory shall not be of a
continuous duration of more than five days.
C.
No more than two outdoor displays of inventory for
sale may be conducted in any calendar year by any business.
[Added 5-26-2020 by Ord.
No. 4-20; amended 9-22-2020 by Ord. No. 14-20]
A.
A temporary outdoor dining area as defined in this chapter may be
established for any existing retail food establishment or restaurant
facilities with current interior dining area.
B.
No person shall operate an outdoor dining area without a permit from
the Township of Brick. A permit is valid for a twelve-month period
from date of issuance.
C.
Applicants shall apply for permit approval in accordance with the
provisions of this chapter. All such applications must be approved
by the Zoning Officer and shall be referred to the Chief of Police
and Fire Marshal, who shall provide the Zoning Officer with written
reports of their opinions and recommendations regarding the application.
D.
The applicant shall meet the general ordinance requirements and all
other laws, rules, regulations and codes applicable to the proposed
activity.
E.
Any restaurant or retail food establishment which has previously
received approval by resolution of the Planning Board or Zoning Board
of Adjustment for outside seating is exempt from the above permitting
requirement. This exemption applies only for the specified number
of seats permitted in the approving resolution.
F.
Outdoor dining areas located on a public sidewalk, public right-of-way
or fire lane must be approved by the Zoning Official, Traffic Safety
and the Fire Bureau.
G.
An application and permit shall be required for all outdoor dining
areas.
(1)
All permits required by this section shall be applied for and
obtained from the office of the Zoning Officer.
(2)
The applicant proposing to establish an outdoor dining area
must provide current licensed occupancy.
(3)
The applicant shall submit to the Zoning Officer a layout of
the proposed seating areas, which shall include a depiction of all
aisles, seating areas and means of ingress and egress. The applicant
shall also detail proposed barriers such as large planters or shrubs,
decorative fencing or vehicle barriers designed to enclose the eating
area.
(4)
The applicant shall detail plans to control litter and waste.
H.
All outdoor dining areas shall comply with the following rules, regulations,
and specifications.
(1)
The Zoning Officer shall review each application to ensure that
the proposed operation of the outdoor dining area will not interfere
with pedestrian or vehicular traffic. Six feet of unobstructed sidewalk
should be provided with the exact width being determined by the Zoning
Officer as he deems it to be appropriate to promote pedestrian or
vehicular safety. However, in no event shall the unobstructed sidewalk
be less than four feet.
(2)
The outdoor dining area shall be operated and maintained in
accordance with the outdoor seating plan as finally approved, and
by the same person who operates and maintains the abutting retail
food establishment.
(3)
Any proposed outdoor seating shall serve as a substitute for
permitted indoor seating. The total existing permitted occupancy of
the restaurant or retail food establishment shall not be increased
by the establishment of an outdoor dining area.
(4)
No furniture, apparatus, decoration, or appurtenance used in
connection with the operation with the outdoor dining area shall be
located in such a way as to impede the safe and speedy egress to or
from any building or structure.
(5)
The outdoor area used by the outdoor dining area shall be kept
clean and free of litter and shall be washed as required.
(6)
Noise shall be kept at such a level as to comply in all aspects
with the provisions of applicable ordinances of the Township.
(7)
Outdoor dining areas shall be permitted to operate from 7:00
a.m. until 10:00 p.m. Monday through Thursday and 7:00 a.m. until
11:00 p.m. Friday through Sunday.
(8)
Furniture, apparatus, decorations, and appurtenances must be
maintained in an orderly fashion within the outdoor dining area during
hours of operation, and at closing a specific breakdown process must
be implemented to assure same.
(9)
No outdoor bar or serving stations that require plumbing or
electric are permitted.
(10)
Applicants must comply with all ABC regulations and permit requirements
pertaining to outdoor alcohol beverage sales and consumption. Any
served or BYOB beverages must remain within approved designated areas.
(11)
Outdoor dining areas shall be solely an extension of the permitted
business use within the adjacent building or storefront.
[Added 10-13-1992 by Ord. No. 731-A-92]
A.
The sale of Christmas trees by vendors who are in
business of making such sales during the Christmas season and who
have not obtained site plan approval for the use of a premises for
the purpose of selling Christmas trees is hereby prohibited within
the Township of Brick, except that the sale of the same shall be permitted
in any zone by a nonprofit organization which has been assigned a
tax-exempt number by the Internal Revenue Service.
B.
Christmas trees sold by such nonprofit organizations
shall not be sold prior to November 25. Any unsold Christmas trees
shall be removed from the premises no later than January 2.
C.
A nonprofit organization serving Brick Township, prior
to selling Christmas trees, must first obtain a permit from the Township
Clerk authorizing such sale. There will be a limit of one permit per
organization. No permit then obtained shall be sold or assigned to
any other person or entity. Any nonprofit organization applying for
such permit shall be required to complete and file with the Clerk
an application containing the following information:
[Amended 6-26-1999 by Ord. No. 731-B-99]
D.
No nonprofit organization shall exercise rights under
this permit except when operated by the organization and staffed by
full-time members of such organization, it employees or volunteers.
All sales shall be conducted on property owned or regularly occupied
by the nonprofit organization.
[Added 6-26-1999 by Ord. No. 731-B-99]
[Amended 10-13-1992 by Ord. No. 731-A-92]
The following fees shall be paid at the time
of applying for the necessary permit:
Any person, firm, corporation or association violating the terms of this chapter, whether as principal, agent or employee of another, shall, upon conviction in the Municipal Court of the Township of Brick in the County of Ocean, be subject to the penalties as provided in Chapter 1, § 1-15, General penalty.
