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:
A. The establishment must provide indoor seating at tables for not less
than twenty (20) persons.
B. The establishment must comply with the restaurant requirements as
to rest room facilities under the Uniform Construction Code, unless
exempt therefrom.
C. 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.
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 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.
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.