[HISTORY: Adopted by the Board of Commissioners of the Borough of Longport 5-14-2003 by Ord. No. 2003-09. Amendments noted where applicable.]
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the provisions of this chapter are at their sole risk of loss in the event this chapter is amended, terminated, and/or repealed.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:
Within the deeded property line: outdoor tables and chairs, totally within the deeded property of the food establishment and service thereon to patrons, provided:
The design of the tables and chairs is aesthetically pleasing and complementary to the surrounding architecture.
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.
The layout shall not cause irreparable damage to existing landscaping.
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]
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.
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]
No outdoor music or public address system shall be permitted.
No outside lighting shall be permitted except small individual self-powered table lighting.
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.
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.
No outside cooking of any kind shall be permitted.
No direct sales to patrons through an opening in walls or windows shall be permitted.
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.
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]
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:
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]
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:
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.
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.
Photographs or diagrams of tables, chairs, etc. to be utilized, showing style, design, materials, size and colors.
Landscaping layout in so far as landscaping relates to table and chair arrangement.
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.
Should this chapter be extended beyond the aforementioned period, this application process must be annually renewed.
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.
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:
Design, material, colors, layout aesthetics, and architectural conformity.
Acceptability of the management plan for cleanup, litter control, and trash handling.
Impact on existing landscaping.
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.
It is solely the responsibility of the proprietor of the establishment to obtain Board of Health approval, if necessary, from the County Health Department.
It shall not be necessary to modify the mercantile license as part of the approval process.
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.