[Ord. No. 08-23 § 1]
The purpose of this section is to permit certain outdoor eating
facilities adjacent to existing restaurants and businesses selling
prepared food in order to encourage the viability of restaurants and
food-service establishments and to enhance the vitality of the Borough
of Pitman.
[Ord. No. 08-23 § 2]
a.
The provisions of this section apply only to outdoor eating facilities on public property and/or within the public right-of-way. Outdoor eating facilities proposed for private property must be approved under the site plan and other applicable zoning regulations set forth in Chapter 34 and Chapter 35, respectively, of the Code of the Borough of Pitman.
b.
Outdoor eating facilities regulated by this section shall only be
operated by, and adjacent to, existing, approved, indoor restaurants
and/or retail stores which sell food or drink that is ready to consume.
[Ord. No. 08-23 § 3]
All outdoor eating facilities permitted by this section must
comply with the following:
a.
A safe, continuous, and level path on the public right-of-way (sidewalk)
shall be maintained for pedestrian traffic to pass in front of the
property operating the outdoor eating facility. Such path must be
not less than four feet in width between the most forward edge of
any furniture or other items and any existing proposed features, such
as trees, tree wells, planters, benches, trash cans, signs, hydrants,
utility poles, curblines, and similar publicly installed fixtures
or other item in the right-of-way.
b.
No outside furniture or other item may be located within three feet
of the curbline.
c.
All outside furniture or other items shall be removed from the public
right-of-way (sidewalk) at the end of business each day and secured.
[Amended 5-9-2022 by Ord. No. 2-2022]
d.
Logos, words, signs or symbols may not be visible on any furniture
or other outdoor items.
e.
All trash and litter must be contained, cleaned up and/or removed
for appropriate storage so that there is no blowing paper or other
trash on or coming from the site.
f.
Disposable items including, but not limited to dishes, cutlery, cups,
table covers, and napkins:
1.
Shall not be used as part of any outdoor eating facilities where
employees of the business serve patrons.
2.
May be used by patrons using outdoor furniture where food and drinks
are obtained inside the business premises and there is a satisfactory
plan to insure that these disposable items do not become litter. Businesses
meeting this requirement must include appropriately located trash
receptacles in their plan along with regular monitoring and cleanup
by employees of the business.
g.
Pedestrian traffic shall not be impaired due to the operations of
serving food and drinks or during set up or removal of the outdoor
furniture and items.
h.
There must be a satisfactory operating plan that covers the following:
[Ord. No. 08-23 § 4]
It shall be unlawful to place furniture and other items on the
outside of any property to be used in connection with a proposed or
existing outdoor eating facility in the Borough of Pitman without
first making application for and obtaining an outdoor eating facility
permit. Outdoor eating facilities must also meet any and all requirements
imposed by any other applicable statutes, regulations and ordinances.
[Ord. No. 08-23 § 5; Ord. No. 12-2015]
a.
All businesses desiring to operate an outdoor eating facility shall
obtain permission therefor annually on a calendar-year basis from
the Borough of Pitman by submitting a written application to the Zoning
Officer. All applications for outdoor eating facility permits shall
be submitted on such forms and in such quantity and with such attachments
as may be required by the Borough of Pitman. The application will
contain a hold-harmless provision, as approved by the Borough Solicitor,
that the applicant must consent to as part of the application.
b.
The fee for an initial outdoor eating facility permit application
shall be $25. The fee for a renewal application for substantially
the same arrangement shall be $15 each year thereafter. For an application
to be considered as a renewal application, it must include substantially
the same information as was on the initial application.
c.
Once an application for an outdoor eating facility permit is submitted,
the Zoning Officer shall review it within 10 days in order to determine
whether it is complete.
d.
A complete application for an outdoor eating facility permit shall
consist of the following items:
1.
A scale drawing of:
(a)
The entire right-of-way from the building facade to the curbline
in front of the building (or other proposed outdoor location) where
approval for an outdoor eating facility is desired.
(b)
The location of all existing and proposed features such as trees,
tree wells, planters, sidewalk materials and conditions, sidewalk
width, benches, trash cans, signs, hydrants, utility poles and similar
publicly installed fixtures.
(c)
The location, size, layout, etc., of proposed tables, chairs,
umbrellas, storage items, etc.
2.
Drawings, photographs, or catalog cuts of the proposed tables, chairs,
umbrellas, storage items, including colors, fabrics, materials, etc.
3.
Details of the operational plan for serving of food and drinks, for
cleaning any accumulation of trash, garbage and/or litter; for ensuring
that pedestrian traffic will not be impaired; and for removing all
tables, chairs, storage items, and other items which must be removed
when the operations cease each day.
4.
A certificate of insurance or written commitment from the applicant's
insurer that a certificate of insurance will be issued upon approval
of the permit, providing for a minimum of one million ($1,000,000.00)
dollars of general liability coverage applicable to the outdoor eating
facility and including a written provision including the Borough of
Pitman as an "additional named insured" to cover any claims related
to the outdoor eating facility, in order to safeguard and protect
the public, and the Borough.
5.
Signature of the applicant or the owner of the proposed outdoor eating
facility (who is presumed to be the applicant).
6.
Signature of the owner, or designated representative, of the real
property for which the application is made.
[Ord. No. 08-23 § 6]
a.
Once the Zoning Officer deems the application complete, such Officer
shall review the application to determine if it conforms to the appropriate
sections of these regulations. The Zoning Officer shall then issue
a written decision indicating whether the proposed outdoor eating
facility is in conformance and what aspects, if any, of the proposed
facility are not in conformance.
b.
The Zoning Officer shall decide on the appropriateness of the outdoor
furniture and items using the following factors:
1.
Appearance.
2.
Color.
3.
Size.
4.
Material.
5.
Design.
6.
Location.
7.
Compatibility with the architecture, colors and design of the building
they are adjacent to.
8.
Compatibility with the surrounding streetscape.
9.
Conformance to general regulations of this chapter.
10.
Any other factors deemed to be relevant.
c.
The Zoning Officer shall have the authority to approve, approve with
conditions, or deny such application. The decision shall be made available
to the applicant in writing, within 10 days of the date the complete
application is transmitted to the Zoning Officer.
d.
The Zoning Officer shall not have the authority to approve any sign application that does not conform to the provisions of the Borough's Zoning regulations, Chapter 34. In the event that an outdoor eating facility permit for which application has been made does not comply with the provisions of this section, that application can only be granted the way of an application to the Combined Zoning/Planning Board for a variance, as provided by law.
e.
All outdoor eating facilities permitted by this section in the public
right-of-way must ultimately be authorized annually by resolution
of the Council of the Borough of Pitman.
1.
The Zoning Officer shall transmit a request for approval to the Borough
Council for review and approval at their next meeting when all aspects
of the application are determined to be in conformance with this section,
or with any variances approved by the Combined Zoning/Planning Board.
2.
The Borough Council has the discretion to approve or deny the application,
as submitted, but may not change the terms or conditions.
3.
The Borough Council may deny the application or revoke an existing permit previously approved, if there is a verified record that the applicant has violated prior approvals for an outdoor eating facility, operated an outdoor eating facility without prior approval, or has any violation of any provision of Chapter 34, Site Plan Review, and Chapter 35, Zoning, of the Code of the Borough of Pitman for which they have been properly notified.
[Ord. No. 08-23 § 7]
a.
All outdoor eating facilities shall be maintained and operated by
the permit holder according to the approved permit. This maintenance
shall include keeping the furniture and other items clean and in good
repair, as necessary.
b.
If the Zoning Officer determines that any outdoor eating facility
is in a state of disrepair, unclean or not in compliance with the
operating plan, layout and approval items per the permit, the Zoning
Officer shall give written notice to the permit holder of the unsatisfactory
condition of the facility and/or the violation of the terms of the
permit.
c.
The permit holder shall thereafter have five days to correct the
unsatisfactory condition or permit violation. If the unsatisfactory
condition or violation is not so corrected within the five-day period,
the Zoning Officer may thereafter suspend the permit, and the outdoor
eating facility must cease operation. No furniture or other items
may be placed in the right-of-way until the Zoning Officer agrees
that the violation is corrected.
d.
The Zoning Officer shall also report the violation to the Borough
Council who may, at its discretion, revoke the permit, continue the
suspension or lift the suspension, pursuant to the provisions of this
section.
e.
The Zoning Officer may, in addition to suspending the permit or,
as an alternative, file a Municipal Court complaint against the permit
holder.
f.
The Zoning Officer may file a complaint in Municipal Court against
any individual or entity that places furniture or other items in the
right-of-way for the purpose of operating an outdoor eating facility
as provided for as in this chapter, without obtaining a permit pursuant
to this section.
[Ord. No. 08-23 § 8]
In addition to revocation of the permit, any person violating
or failing to comply with any of the provisions of this section shall,
upon conviction thereof, be punishable by a fine in an amount not
less than $25 nor more than $75; upon a second violation, a fine in
an amount not less than $75 nor more than $150; and upon a third or
subsequent violation, a fine in an amount not less than $150 nor more
than $300; and/or a period of community service not to exceed 10 days.
Whenever such person shall have been officially notified or by service
of a summons in a prosecution, or in any other official manner, that
said person is committing a violation, each day's continuance of such
violation after such notification shall constitute a separate offense,
punishable by a like fine or penalty.
[Ord. No. 6-2013]
The Pitman Police Department shall be the enforcing agency for
this section.
The Borough's Zoning Officer and Code Enforcement Official shall
be the enforcement and permitting agency for any and all permits in
conjunction with this section.
[Ord. No. 6-2013]
The purpose of this section shall be to allow the consumption
of alcoholic beverages, specifically beer and wine, while dining at
outdoor tables and chairs at restaurants and eateries located within
the Borough of Pitman.
[Ord. No. 6-2013]
The provisions of this section apply only to outdoor eating facilities on public property and/or within the public right-of-way. Outdoor eating facilities proposed for private property must be approved under the site plan and other applicable zoning regulations set forth in Chapter 34 and Chapter 35, respectively, of the Code of the Borough of Pitman.
Outdoor eating facilities regulated by this section shall only
be operated by, and adjacent to, existing, approved restaurants.
[Ord. No. 6-2013]
The application for authorization of outdoor consumption of
BYO beer and wine shall be an addendum to the existing application
on file with the Zoning Officer entitled "Outdoor Eating Facilities
Application". All existing application requirements and guidelines
for outdoor seating shall remain in place. The review and approval
process shall be the same as for the Outdoor Eating Facility Application.
[Ord. No. 6-2013]
a.
Compliance. Established eating facilities with outdoor tables and chairs must be in compliance with Ordinance No. O-08-23, Outdoor Eating Facilities, which may be found in Section 23-1.
b.
Definitions. Alcoholic beverages, as referred to in this section,
are identified as bottled beer and wine. No "boxed" wines and/or "coolers"
are allowed at the outdoor tables. The restaurant is responsible for
providing any requirements for ice and cooling buckets. Such devices
shall not impede onto the sidewalk as to disrupt the public right-of-way,
or size requirements as defined by this section.
d.
Patron(s). Only patrons that are seated and ordering/consuming an
entire dinner entrée from the permitted restaurant are authorized
by this section to have BYO beer and wine at the outdoor tables and
chairs. Each patron at the table, enjoying outdoor BYO beer and wine,
must be a paying patron of the authorized restaurant.
[Amended 5-9-2022 by Ord. No. 2-2022]
e.
Hours. No outdoor consumption of BYO beer and wine is permitted at
the outdoor tables and chairs after the hour of 10:00 p.m.
f.
Size. No sidewalk tables and/or chairs shall be permitted to project
onto the sidewalk or public right-of-way more than half the width
of the sidewalk, or eight feet, whichever is less. In no case shall
it extend so far as to leave less than four feet from any improvement
(i.e., lamp post, traffic signage, junction box, etc.). No outside
tables and/or chairs where BYO alcoholic beverages are consumed shall
exceed the width of the building frontage where the restaurant is
located.
g.
Accessory Items. Signs, hostess desks, service stations, and other
things associated with the sidewalk tables and chairs shall not be
permitted on the sidewalk outside of the designated eating area.
h.
Windblown Objects. It is the restaurant owner's responsibility to
securely anchor all equipment and materials, including but not limited
to: tables, chairs, linens, tableware, and paper products associated
with outside dining. At no time shall any item be permanently attached
nor anchored to the sidewalk or public property within, or adjoining,
the public right-of-way. Loose materials that are blown into the street
or sidewalk are the responsibility of the restaurant/property owner
and must be properly retrieved and removed.
i.
Spills. It is the sole responsibility of the restaurant owner to
immediately clean any spill on the sidewalk. Any subsequent staining
of the sidewalk resulting from a spill is the responsibility of the
restaurant owner. Any repair to the sidewalk and or brick paver required
as a result of staining is the responsibility of the restaurant owner.
The repair and/or removal of stain(s) shall be completed in a timely
manner, as deemed by the Zoning Officer, to ensure uniformity to the
existing pavers.
j.
Unattended Items. No container, bottle, carafe, or glass which contains,
or at one time contained, alcoholic beverages permitted by this section
shall be left unattended at an outside table authorized by this section.
[Ord. No. 6-2013; amended 5-9-2022 by Ord. No. 2-2022]
Except at outdoor eating facilities which have complied with
all of the requirements of Chapter 23-2, no consumption of BYO beer
and wine is permitted during the following scheduled events sponsored
or approved by the Borough of Pitman: the craft fairs, the bicycle
and foot races, the music festivals, and the parades. The Governing
Body of the Borough of Pitman reserves the right to add any event
authorized by Mayor and Council to the list described above.
[Ord. No. 6-2013]
Any person obtaining a license for outside consumption of Bring
Your Own (BYO) alcohol, as allowed by this section, shall submit for
the protection of the Borough of Pitman and its representative, as
well as the general public, a comprehensive policy of liability insurance
protecting the property owner and the Borough of Pitman against any
liability whatsoever occasioned by accident on or about the licensed
property, or any appurtenances thereto. This policy shall be written
by a good and solvent insurance company, or companies, authorized
to do business in the State of New Jersey, and the limits of liability
shall not be less than the amount of one million ($1,000,000.00) dollars
in respect of any one person and in the amount of one million ($1,000,000.00)
dollars in the respect of any one accident or occurrence.
Prior to the time such insurance is first required to be carried
by the restaurant permit holder, and thereafter, at least 15 days
prior to the expiration of any such policy, the licensee agrees to
deliver to the Borough Administrator a certified, true copy of the
aforesaid comprehensive liability policy naming the Borough of Pitman
as Additional Insured. Said policy should also include an endorsement
that such insurance policy may not be modified or canceled except
upon 30 days written notice to the Borough of Pitman; the licensee
shall also deliver to the Borough Administrator evidence of payment
for the policy. The licensee shall promptly provide, at the request
of the Borough of Pitman, from time to time, certification, or other
proof acceptable to the Borough, that the insurance policy is in good
standing and in full force and effect.
Failure of the permit holder to obtain and maintain insurance
pursuant to the requirements of this subsection shall result in the
immediate termination of the permit held by the restaurant.
Be it further understood that the applicant for BYO beer and
wine agrees that the Borough of Pitman and its entities shall not
be held liable financially or otherwise for any and all events that
occur outside the approved restaurant. This includes, but is not limited
to, any injury, property damage, and violation of any Federal, State,
or local laws/ordinance(s).
[Ord. No. 6-2013]
Each property/restaurant owner is responsible for keeping clean
the area described in the permit application, in accordance with local
health ordinances. The areas must be cleaned at the end of each business
day, and also at the beginning of each business day. Cleaning shall
include a thorough washing to remove all food, spills, and debris.
[Ord. No. 6-2013]
An applicant who is denied permission for outside consumption
of BYO alcohol by the Zoning Officer may appeal the decision of the
Zoning Officer to the Mayor and Council of the Borough of Pitman.
Said appeal must be received, in writing, by the Borough Administrator
within seven days of the denial of the application by the Zoning Officer.
The Mayor and Council may then consider the appeal, taking into consideration
the findings of the Zoning Officer, the issues taken into consideration
by the Zoning Officer, and any other relevant information. The Mayor
and Council may affirm or overrule the Zoning Officer's decision,
in their unlimited discretion, as they deem appropriate.
