[HISTORY: Adopted by the Mayor and Council of the Borough
of Red Bank by Ord. No. 1990-16 (Sec. 4-9 of the 1987 Revised General Ordinances). Amendments
noted where applicable.]
[Amended by Ord. No. 1999-5; 3-28-2018 by Ord. No.
2018-08]
Sidewalk cafes and restaurants may be established as an ancillary
use to a permitted restaurant, retail food establishment with greater
than 7,000 square feet of gross floor area, club or primary liquor
service establishment in any zoning district that permits restaurants,
retail food establishments, clubs or primary liquor service establishments
or has been approved by the Zoning Board for a combination or hybrid
of such uses. No person, however, shall establish, maintain, own or
operate a sidewalk cafe or restaurant or serve food or liquor or other
beverages on any public street, sidewalk or alleyway without first
having obtained a license from the Clerk of the Borough of Red Bank.
It is recommended that applicants located within the Special Improvement
District consult with the Special Improvement District of Red Bank,
Inc. (RiverCenter) prior to submitting any application.
[Added by Ord. No. 1999-5]
A.
Application to Borough Clerk. All applications for a sidewalk cafe
license shall be made to the Borough Clerk upon forms provided by
the Clerk of the Borough.
B.
Referral of application to the Special Improvement District of Red
Bank, Inc. Once a completed application is received by the Clerk with
the appropriate fee, it shall be forwarded, if the property is located
within the Special Improvement District, to the Special Improvement
District of Red Bank, Inc., who shall review the application with
regard to aesthetics, safety and other similar goals. The Special
Improvement District shall make a report, in writing, within 15 days
of referral of the application by the Borough Clerk. If the Borough
Clerk does not receive the written report and recommendation from
the Special Improvement District within said fifteen-day period, it
will be deemed that the Special Improvement District recommends approval
or has no comment as to the proposed license.
C.
Referral to the Office of Code Enforcement.
[Amended 12-19-2006 by Ord. No. 2006-55; 3-28-2018 by Ord. No. 2018-08]
(1)
The Borough Clerk shall forward the application to the Office of
Code Enforcement, who shall conduct an investigation and review the
data contained in the application. Upon completion of the investigation
by the Code Enforcement Officer, he will make a report and recommendation
to the Mayor and Council.
D.
Action by Mayor and Council. The Mayor and Council will review the
report of the Code Enforcement Officer, the application and the report,
if any, of the Special Improvement District. The Mayor and Council
shall issue or deny the license as in their unlimited discretion they
deem appropriate. The Mayor and Council shall take into consideration
the location, potential interference with pedestrian or vehicular
traffic, appropriateness of design, the business record of the applicant,
any proposed public safety, health and welfare considerations. It
is contemplated that no less than five feet of unobstructed sidewalk
shall be open and maintained for pedestrians, and that no chairs,
tables, or other property shall be located, whether in use or not,
within three feet of any curb. 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. No license shall
be issued until a resolution of the Mayor and Council of the Borough
authorizing the issuance of a license shall have been adopted.
[Amended 3-28-2018 by Ord. No. 2018-08]
[Amended 12-19-2006 by Ord. No. 2006-55; 3-28-2018 by Ord. No. 2018-08]
Any person submitting an application for a sidewalk cafe or
restaurant permit, or extension permit, or renewal thereof, shall
submit an annual application fee in the amount of $100 with said application.
Should an application be approved by the Mayor and Council of the
Borough by resolution as specified herein, the applicant shall pay
an initial licensing fee in the amount of $2 per square foot of sidewalk
utilized for said sidewalk cafe or restaurant per permit or permit
extension. Applicants seeking renewals of said licenses or permit
extensions shall pay an annual licensing fee in the second and all
subsequent years in the amount of $4 per square foot of sidewalk area
utilized for the sidewalk cafe or restaurant. Any changes in plans
shall require a new application and fee. No sidewalk cafe application
will be accepted if there remains an outstanding balance on the applicant's
previous year's permit fees.
[Amended 12-19-2006 by Ord. No. 2006-55; 3-28-2018 by Ord. No. 2018-08]
A.
The term of a sidewalk cafe permit shall be one year, beginning April
1 and terminating March 31 of the following year in which the permit
is issued. Any sidewalk cafe permit issued after April 1 will expire
on March 31 of the following year with no prorating of the fee for
part of the year. A permit issued pursuant to this section is subject
to the following conditions:
(1)
Sidewalk cafe furniture shall be removed during snowfall and when
sidewalks are snow-covered, to facilitate snow removal.
(2)
A minimum sixty-inch clear, unobstructed sidewalk path shall be maintained
at all times.
(3)
No auxiliary or temporary heating appliances, devices, or systems
shall be utilized or installed for outdoor cafe use unless such devices,
appliances, or systems and their use have been installed and approved
in accordance with the provisions of the Uniform Construction Code
and/or the Uniform Fire Code.
[Amended 12-19-2006 by Ord. No. 2006-55; 3-28-2018 by Ord. No. 2018-08]
Any license for a sidewalk cafe permit and/or any permit extension
issued pursuant to the terms of this chapter shall be renewed annually
before April 1 of each year, as applicable, and at the discretion
of the Mayor and Council.
[Amended 9-28-2016 by Ord. No. 2016-19]
