[HISTORY: Adopted by the Board of Commissioners of the Borough of Avon-by-the-Sea: Article I, 5-27-08 by Ord. No. 4-2008; Article II, 5-27-08 by Ord. No. 5-2008. Amendments noted where applicable.]
Outdoor cafes and restaurants may be established as an accessory use to a permitted restaurant use in any zoning district that permits restaurants. No person, however, shall establish, maintain, own or operate any outdoor café or restaurant, nor serve food or beverages at tables outdoors on any public street, sidewalk or alleyway without first having obtained a license from the Borough Clerk/Administrator of the Borough of Avon-by-the-Sea. Nothing contained herein shall be deemed to waive any obligation by the license holder under this chapter from complying with any applicable ABC or health regulation. A "cafe" or "restaurant" must meet the requirements for a "retail food establishment" as defined in Chapter 24 of the State Sanitary Code and for purposes of this Article must meet the following additional requirements:
The establishment must provide indoor seating at tables for not less than twenty (20) persons.
The establishment must comply with the restaurant requirements as to rest room facilities under the Uniform Construction Code, unless exempt therefrom.
The establishment of an outdoor cafe restaurant pursuant to this Article shall not require the holder of said license to acquire any new and/or additional parking as a result of the grant of said license and the operation of an outdoor cafe or restaurant.
Applications for an outdoor cafe or restaurant license shall be made to the Borough Clerk/Administrator upon forms provided by the Clerk/Administrator and such applications shall be accompanied by a sketch plat setting forth the specific location for the proposed outdoor cafe or restaurant.
Once a completed application is received by the Borough Clerk/Administrator with the appropriate fee, it shall be forwarded to the Chief of Police who shall conduct an investigation, including consultation with the Fire Prevention Official and Zoning Officer.
Upon completion of the investigation by the Chief of Police, the Borough Clerk/Administrator will examine the application along with the report of the Police Chief. The Borough Clerk/Administrator shall issue or deny the license as his/her discretion deems appropriate. The Borough Clerk/Administrator shall take into consideration the location, potential interference with pedestrian or vehicular traffic, appropriateness of design, the business record of the applicant, and general public safety, health and welfare considerations; provided, however, that no less than five (5) feet of unobstructed sidewalk shall be open and maintained for pedestrians. Any proposed structures to be erected on or over any public sidewalk must first be presented to the Zoning Officer, who will then confer with the Administrator before any permit is issued.
The Borough Clerk/Administrator shall have the right to impose such restrictions as he/she may deem appropriate governing hours of operation, manner of service, type of awning and umbrellas, tables and chairs and may require the applicant to bring sidewalks into conformity with Borough requirements, and it is a specific condition of every license or renewal of license issued that the license holder provide written confirmation to the Borough Clerk/Administrator that the Borough has been named as an additional insured on all public liability policies under which the sidewalk café or restaurant will operate, with the limits of such liability policy or policies approved by the Borough Attorney.
Any person submitting an application for an outdoor cafe or restaurant license shall submit an application fee in the amount of seventy-five dollars ($75) with said application. Applicants seeking renewals of said licenses shall pay an annual licensing fee of seventy-five dollars ($75).
Any and all licenses issued pursuant to the term of this Article shall permit outdoor cafe operations to begin no earlier than April 1st of the year in which the license is issued and expiring no later than November 1st of the same year.
It is the responsibility of the licensee to keep the sidewalk area free and clean of all debris, food stuff and liquid that may fall upon the sidewalk. Sidewalk area must be washed periodically to ensure a sanitized environment.
All street furniture (including tables and chairs) must be removed from the sidewalk area between November 1st and April 1st.
Any person violating any of the provisions of this Article may, upon conviction, have their license revoked, shall be subject to a fine of one hundred dollars ($100) for the first offense, a fine of five hundred dollars ($500) for a second offense and a fine of one thousand dollars ($1,000) for a third offense of imprisonment for a period not exceeding ninety (90) days, or both. Each and every day in which said violation exists shall constitute a separate violation.
Except as otherwise provided herein, it shall be unlawful for any person or persons, partnership or corporation to erect or maintain stands or showcases or display or sell merchandise on or from the sidewalks of this Borough, or to place any article, substance or thing upon the sidewalks of said Borough in any manner so as to encumber the same.
The provisions of this Article shall exempt the display and sale of merchandise by local retail merchants from the sidewalk area directly in front of their own storefronts. Merchandise may not block ingress and egress from any door or opening.
Said displays shall not protrude more than four (4) feet from the building line of the merchant's premises provided that a minimum of six (6) feet remains for the pedestrian right-of-way and/or passage way. Trees, tree wells, parking meters, trash receptacles, and other obstructions shall not be considered in determining the proper spatial area of the pedestrian right-of-way and/or passage way. Sidewalk space occupied by these above-mentioned obstacles shall not be included in the calculation of available sidewalk area. No such display, sign, advertisement, or other type of placard shall be located in an area outside of the parameters defined herein. No such display shall be so placed as to protrude into or upon the sides of corner properties.
No display shall be so placed as to interfere with the pedestrian right-of-way.
The sidewalk space designated for such displays may only be utilized by a merchant who either owns the pertinent storefront area or rents directly from the owner of said storefront area. No such merchant may sublet or assign this sidewalk space to another merchant and/or individual.
Lawfully entitled merchants (as defined in Subsection D hereof) may only display those items which are sold within their own respective stores. No item may be displayed for sale within said sidewalk space if that item is not contained within the merchant's regular line of merchandise.
Merchandise may only be displayed between the hours of 8:00 a.m. and 8:00 p.m. All merchandise must be removed from the sidewalk area between the hours of 8:00 p.m. and 8:00 a.m. All merchandise must be stored inside the merchant's store in a hazard free area so as not to violate any existing codes.
Any person, firm or corporation violating any of the provisions of this Article, shall, upon conviction thereof, be subject to a fine of not less than one hundred dollars ($100) nor exceeding one thousand dollars ($1,000) or imprisonment for a period not exceeding ninety (90) days, or both, and each and every day in which said violation exists shall constitute a separate violation.