[HISTORY: Adopted by the Mayor and Council of the Borough of Sea Bright 4-19-2016 by Ord. No. 10-2016; amended in its entirety 6-18-2019 by Ord. No. 15-2019. Subsequent amendments noted where applicable.]
Sidewalk cafes and restaurants may be established as an ancillary use to a permitted restaurant in the B-1 Zoning District. No person, however, shall establish, maintain, own or operate a sidewalk cafe or restaurant nor serve food, liquor or other beverages on any public street, sidewalk or alleyway without first having obtained a license from the Borough Clerk.
A. 
All applications for a sidewalk cafe license shall be made to the Borough Clerk upon forms provided by the Clerk.
B. 
An applicant proposing to establish a sidewalk cafe area shall submit to the Borough Clerk an accurate diagram showing placement of tables and chairs, total number of people permitted for seating, a depiction of all aisles, clearances between tables and between the seating area at the curb. No less than four feet of unobstructed sidewalk shall be open and maintained for pedestrians. Any umbrella or other cover shall maintain a clearance of not less than seven feet for the fabric and not less than eight feet for any frame or rigid material.
[Amended 5-4-2021 by Ord. No. 6-2021]
C. 
Once a completed application is received by the Clerk with the appropriate fee, it shall be forwarded to the Chief of Police and Zoning Officer who shall review the application and provide a recommendation to approve or deny, taking into consideration the location, potential interference with pedestrian or vehicular traffic, appropriateness of design, the Americans with Disability Act[1] and other accessibility considerations, the business record of the applicant and any other applicable public safety, health and welfare considerations. The Borough Clerk shall issue said license upon receiving all approvals.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
D. 
Applicant shall indemnify and save harmless the Borough of Sea Bright, its employees, agents or officers from all claims, losses, liens, expenses, suits and attorney fees (liabilities) arising from the placement, operation and maintenance of the applicant's sidewalk cafe. Applicant agrees to name the Borough of Sea Bright as an additional insured under the applicant's general liability insurance (minimum required limit of $1,000,000), bodily injury, property damage and personal injury, and maintains such insurance for such time as the sidewalk cafe exists. Applicants must adhere to all local noise, zoning and construction laws.
The annual fee for the operation of a sidewalk cafe shall be set by resolution by the Mayor and Borough Council. No fees shall be prorated nor any part thereof refunded for any reason.
[Amended 11-17-2020 by Ord. No. 12-2020]
Any and all licenses issued pursuant to the terms of this chapter shall permit sidewalk cafe operations to begin no earlier than April 1 and shall terminate no later than November 1 of the year in which the license is issued.
Any license for a sidewalk cafe issued pursuant to the terms of this chapter shall be renewed annually.
[Amended 11-17-2020 by Ord. No. 12-2020; 5-4-2021 by Ord. No. 6-2021]
Sidewalk cafe licenses may be revoked for violating any of the provisions of this chapter, and will be revoked where the cafe has been cited for more than two violations in a single calendar year. The applicant may be ineligible to obtain a license hereunder for the year following such violations. Violators will be subject to the penalties as provided in Chapter 1, Article I, General Penalty.