The city council of the City of Wildwood hereby makes the following findings:
The roadbeds set forth in Schedule A and annexed hereto are not part of any state highway.
The roadbeds set forth in Schedule A and annexed hereto are located primarily in the general business district of the City of Wildwood.
The lands abutting the roadbeds are improved to the maximum feasible width with regard to adjacent buildings and improvements.
Reasonable convenient alternate routes to other parts of the City of Wildwood and State of New Jersey with the exclusion of said roadbeds exist for private vehicles.
Continued vehicular use of the roadbeds set forth in Schedule A and annexed hereto may constitute a hazard to the health and safety of pedestrians.
The properties abutting the roadbeds set forth in Schedule A and annexed hereto can reasonably and adequately be provided with emergency vehicle service, and receive and deliver merchandise and materials from other streets and alleys.
It is in the best interest of the City of Wildwood and the general public and of benefit to properties adjacent to and abutting hereto to use said roadbeds primarily for pedestrian purposes.
Pedestrian use is hereby determined to constitute the highest and best use of each of the roadbeds set forth in Schedule A and annexed hereto.
There is hereby created a pedestrian mall within the confines of the City of Wildwood. Said pedestrian mall shall consist of those roadbeds specified in Schedule A annexed hereto.
All costs of development, construction and acquisition relating to the construction of the pedestrian mall shall be financed and assessed to properties especially benefiting thereby. The following is a list by lot and block numbers and by street addresses of all properties to be assessed for the pedestrian mall:
The use of the surface of the roadbeds comprising the pedestrian mall as defined in Schedule A annexed hereto shall be limited at all times to pedestrians.
The following vehicles shall be permitted to utilize the pedestrian mall when the public health, safety and/or welfare requires:
Municipal vehicles engaged in the care and maintenance of the pedestrian mall.
Public utility vehicles engaged in the installation or repair of public utilities serving the pedestrian mall or the building abutting same.
Except in the case of an emergency, access to the pedestrian mall by municipal vehicles and public utility vehicles as set forth in paragraphs b and c hereinabove, shall be limited to the hours between 6:00 a.m. and 8:00 a.m.
Nothing contained herein shall be deemed to limit the vehicular use of any street or roadbed intersecting the above described pedestrian mall.
Nothing contained herein shall be deemed to limit the rights of the City of Wildwood to exercise its police powers and other rights and powers over the aforementioned pedestrian mall. Nothing contained herein shall be deemed to constitute a vacation on all or part of any of the roadbeds set forth in Schedule A and annexed hereto.
The following special regulations are hereby established.
No person shall operate a bicycle, scooter or skateboard on said pedestrian mall without exception.
No person shall roller skate on the said pedestrian mall.
No person who owns, keeps or harbors an animal shall permit such animal to enter upon said pedestrian mall.
No person who violates any subsection of this section shall, upon conviction thereof, be subject to imprisonment not to exceed 90 days or a fine of not more than one thousand ($1,000.00) dollars, or both.
That portion of the sidewalk that extends outward from the property line of the adjoining building for a maximum of ten feet may be used by owners or tenants of buildings abutting the sidewalks in the Holly Beach Station Mall as a patio, provided such owners or tenants are duly licensed to sell food and/or alcoholic beverages, but subject to the conditions and limitations of this section.
An application must be submitted to the city clerk setting forth the name and address of the applicant which is accompanied by a fee of one hundred ($100.00) dollars for the initial patio permit which will expire on the 31st day of December of the year of application. If applicant is not the owner of the adjacent building, the application must contain the owner's consent to the issuance of the patio permit. The application must contain an agreement by applicant to promptly reimburse the City of Wildwood for any damage caused to the Holly Beach Station Mall as a result of applicant's use of a portion thereof as a patio, as well as an agreement by applicant to hold the city harmless from all liability for personal injury or property damage occurring as a result of the use of the patio area by applicant, and each applicant must supply the city with a certificate of insurance showing general liability limits of not less than one million (1,000,000.00) dollars and liquor liability limits, where applicable, of not less than three hundred thousand ($300,000.00) dollars, in which the City of Wildwood is named on all policies as an additional insured. In lieu of liquor liability insurance as herein required, applicant's agreement with the City of Wildwood to indemnify and save the city harmless from any claims arising out of the operation of a patio on Holly Beach Station Mall, including the expenses of defending any such claims will suffice, provided that should the holder of the liquor license making application for a patio permit be a corporation or not be the owner of the adjacent real estate, all shareholders of the corporation and the owners of such adjacent real estate will be required to jointly and severally enter into such indemnification agreement with the applicant for the patio permit. Said application must also contain an agreement on the part of the applicant to hold the city harmless from all liability or damages which such applicant may sustain by reason of the ruling of any court or governmental agency that the use of the patio area is contrary to law. Such application must be accompanied by the following certificates:
A certificate of permitted continued occupancy, as well as a property maintenance inspection certificate, showing no outstanding deficiencies or code violations;
A certificate indicating that the patio design complies with the fire code of the City of Wildwood;
A certificate issued by the planning board of the City of Wildwood indicating that approval for the patio has been issued by the said planning board, which certificate must certify that the proposed patio meets the criteria herein established for issuance of such approval. In making appropriate application to the planning board in order to obtain such certificate, the applicant must submit a scale drawing of the site prepared by the owner or lessee of the building adjacent to the proposed patio or by an architect, engineer or land surveyor showing the proposed patio area, table, chair and umbrella layout, as well as shrubbery plan and any permitted canopy or awning. No certificate of approval will be issued by the planning board for an application that does not comply with the following criteria:
Not more than the greater of 40 feet or 50 percent of the frontage of any applicant on the Holly Beach Station Mall may be used or licensed as a patio, provided, however, that if the frontage for any particular business is less than a total of 40 feet, the foregoing provision shall not apply, and the patio area may then encompass the entire frontage area exclusive of the proper entrances and exits;
No patio area shall extend more than 10 feet from the property line of the adjacent building;
Each patio area must be surrounded by a live shrubbery perimeter. All planter boxes must be at least one foot in height and the shrubbery in the planter boxes may not exceed three feet in height from ground level;
No canopies or awnings are permitted, except those which are anchored to the building adjacent to the patio area;
The application to be submitted may not provide for occupancy by more than one patron per ten square feet of licensed patio area;
The application must contain an indication of the type of furniture to be used in the patio area and such furniture must be within the said patio area;
The application to be submitted must illustrate how service is to be rendered to the said patio area, which service may only be from the inside of the premises immediately adjacent to the patio to be licensed;
The scale drawing shall specify the number of entrances from the Holly Beach Station Mall to the patio area. There shall be no more than one entrance for every 40 feet of patio frontage, which entrances may not exceed six feet in width.
Upon submission of an application as hereinabove set forth, containing all of the certifications required by the application to the city clerk, together with proof, in the case of an applicant that is the holder of a plenary retail consumption license that the liquor license of the adjacent premises has been extended to include the patio area, the city clerk shall issue the requested patio permit.
Patio permits, once issued, may be renewed for subsequent years upon submission of an application containing all of the information required by the initial application, excepting only the requirements of certificate of permitted continued occupancy, property maintenance certification, fire code certificate and planning board approval, provided that the City of Wildwood shall not be precluded from enforcing any applicable codes whether or not they are in force at the time of the issuance of the patio permit, and further providing that there is no change in the applicant's previously approved plan. In the event of the change of a previously approved plan, the renewal application must contain all of the material required for an initial application. The fee for the renewal of a patio permit shall be one hundred ($100.00) dollars which must be submitted with the renewal application.
The following regulations shall pertain to the Holly Beach Station Mall and to the operation of patios licensed thereon:
It shall be unlawful to utilize any portion of the sidewalk comprising the Holly Beach Station Mall adjacent to any building abutting the Holly Beach Station Mall which could be licensed pursuant to the provisions of this section, unless such use is otherwise permitted by law, without first obtaining such license.
No holder of a patio license issued hereunder who is also the holder of a Plenary Retail Consumption License shall use any of the patio area for the sale of alcoholic beverages other than between the hours of 7:00 a.m. and 11:00 p.m.
Each licensed patio area must be cleaned not less frequently than twice daily, once before the business is closed and the second required cleaning at the beginning of each business day but in no case later than 9:00 a.m.
All plates and utensils utilized in the patio areas are to be such that will minimize blowing of debris out of the patio area and into the general Holly Beach Station Mall area.
No service of food or beverages is permitted in any patio area for off-premises consumption.
All perimeter shrubbery must be kept free of debris and in a live and healthy condition. Dead shrubbery must be promptly replaced.
All permitted canopies and awnings must be of solid colors or striped. In the case of stripes, not more than three different color stripes may be used.
Any permitted canopy or awning which is damaged or destroyed must be promptly repaired or replaced.
The occupancy limit for the patio as established by the approved site plan must be visibly posted at all times during which the patio is open for business on the wall of the building adjacent to the patio.
No permitted canopy or awning nor any umbrella may contain any advertising material.
No furniture, fixture, or equipment, or any part thereof which is utilized in conjunction with the design or use of the patio may be bolted to the ground.
No licensed patio area may be used for the display of merchandise or advertising materials, except by special permit issued by the Mayor of the City of Wildwood.
No vending machines may be located in any licensed patio area.
No sign shall be permitted to be affixed to any portion of the patio area nor may any sign extend beyond the perimeter of the patio area or extend from the adjacent building over the patio area.
No alcoholic beverages may be sold or consumed in any licensed patio area which is not also licensed for the sale of alcoholic beverages nor may any holder of a patio license permit any person to consume alcoholic beverages in a patio area which is not licensed for the sale of alcoholic beverages.
During times when any licensed patio area is not open for business, whether by choice of the licensee or due to the time being before or after permitted hours of operation, all furniture must be removed from the licensed patio area or the patio area must be closed off by use of a live shrubbery barrier identical to that surrounding the licensed patio area or by use of a decorative cord or chain.
Outdoor live music is permitted in the patio areas, provided that same is limited to a maximum of three persons and that no such music is permitted before 11:00 a.m., nor after 10:00 p.m. Amplification is not permitted except by special permit issued by the mayor of the City of Wildwood.
In addition to being subject to the penalties provided in subsection 19-3.7 of this section, any permit issued under this section may be revoked or suspended by the city council of the City of Wildwood for any misstatement in any application or for any violation of this section. No permit shall be revoked or suspended until the permittee has been afforded a hearing before the city council of the City of Wildwood. Notice of the filing of a complaint which seeks to suspend or revoke any permit issued under this section shall be served on the permittee personally or by mailing same to the permittee, certified mail, return receipt requested, to the address contained in the last permit application on file in the city clerk's office, which notice will establish a date for a hearing to be held not more than ten days from the date of such notice, at which time the permittee shall have the right to be represented by counsel, call witnesses, cross-examine witnesses produced in support of the complaint, as well as such other rights necessary in order to insure due process. Should any permit be revoked or suspended, no part of the permit fee shall be returned.
Any person, partnership, firm or corporation who violates any subsection of this section shall, upon conviction thereof, be subject to imprisonment not exceeding 90 days and/or a fine of not less than one hundred ($100.00) dollars nor more than one thousand ($1,000.00) dollars.