[HISTORY: §§ 130-1—130-8 as adopted 7-19-00 by Ord. No. 18-2000, as amended through December 31, 2016. Amendments noted where applicable.]
Sidewalk cafes and restaurants may be established within the B-2 Zone and for businesses along Broadway between Main Street and Bordentown Avenue. No person, however, shall establish, maintain, own or operate a sidewalk cafe or restaurant nor serve food, liquor or other beverages on any public street, sidewalk or alleyway without first having obtained a license from the Clerk of the City of South Amboy.
An application for a sidewalk cafe license shall be available on a form to be issued by the City Clerk. Once a completed application is received by the Clerk with the appropriate fee, it shall be forwarded to the Chief of Police, who shall, with the Zoning Officer and Construction Official, conduct an investigation into the data contained in the application. Upon completion of the investigation by the Chief of Police, Zoning Officer and Construction Official, the Governing Body of the City shall examine the application. The Governing Body in its unlimited discretion, shall issue or deny the license. The Governing Body shall take into consideration the location, potential interference with pedestrian or vehicular traffic, appropriateness of design, the business record of the applicant, any proposed structures to be erected on public sidewalks, public safety, health and welfare considerations. No license shall be issued until a resolution of the Governing Body of the City authorizing the issuance of a license shall have been adopted by a majority vote of the Governing Body of the City.
The applicant in designing and furnishing the sidewalk cafe or restaurant shall be consistent with the local facade ordinance standards and goals.
Any person submitting an application for a sidewalk cafe or restaurant shall submit an application fee in the amount of $50 with said application. Should an application be approved by the Governing Body of the City by resolution, as specified in Section 130-2, the applicant shall pay an annual licensing fee as follows:
[Ord. No. 9-2009]
Any and all licenses issued pursuant to the terms of this chapter shall permit sidewalk cafe operations to begin at no later than April 1st. Any and all sidewalk cafe operations so established shall terminate no later than November 1st of the year in which the permit is issued. All licensees shall cease operating the licensed sidewalk cafe on or before 11:30 p.m.
Any license for a sidewalk cafe issued pursuant to the terms of this chapter shall be renewed annually in the discretion of the Governing Body.
Any person violating the provisions of this chapter shall, upon conviction, be punished by imprisonment in the county jail for a term not exceeding six months, or by a fine not exceeding $500, or both, in the discretion of the Court.
Any person obtaining a license for a sidewalk cafe or restaurant shall submit, for the protection of the City of South Amboy and its representatives, as well as the general public, a comprehensive policy of liability insurance protecting the licensee and the City of South Amboy 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, with a minimum Best Rating of A, authorized to do business in the State of New Jersey and the limits of liability thereunder shall not be less than the amount of one million dollars ($1,000,000) in respect to any one person, and in the amount of one million dollars ($1,000,000) in respect of any one accident or occurrence.
Prior to the time such insurance is first required to be carried by the sidewalk cafe license holder and hereafter, at least 15 days prior to the expiration of any such policy, licensee agrees to deliver to the City Clerk a certified true copy of the aforesaid comprehensive liability policy naming the City of South Amboy as an additional insured and including an endorsement that such insurance policy may not be modified or cancelled except upon 30 days written notice to the City; the licensee shall also deliver to the City Clerk evidence of payment for the policy.
Licensee shall promptly provide, at the request of the City, from time to time, certification or other proof acceptable to the City, that the insurance policy is in good standing and in full force and effect.