[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:
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a.
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For the use of up to 25 feet of building frontage
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$75.00
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b.
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For the use of between 26 feet and 50 feet of building frontage
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$150.00
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c.
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For use of over 50 feet of building frontage
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$250.00
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[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.
A.
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.
B.
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.
