[Ord. #2-1966, § 47-1]
a.
It shall not be lawful within the limits of the Borough for any person,
persons or corporation to engage in, conduct or pursue any mercantile
or other business for the sale of lumber, building materials, coal,
groceries, dry goods, drugs, food, candy, soft drinks, tobacco, gasoline,
oil, automobiles or merchandise or goods and chattels of any kind;
or engage in or carry on any business or occupation as an auctioneer,
common crier, hawker, peddler, pawnbroker, scavenger, sweep, organ
grinder, itinerant vendor of merchandise, medicine or remedies, keeper
of a junk shop, keeper of bathhouses, boarding houses or newsstands,
or engage in or carry on as a contractor in any building trade; or
engage in or conduct or pursue the business of conducting traveling
or other shows, circuses, theatrical performances, plays, billiard
tables, pool tables, exhibitions, concerts, public places of amusement
for gain or skating rink; or carry on or conduct any place or places
or premises in which or at which the different kinds of business or
occupation mentioned herein are to be carried on or conducted; nor
shall it be lawful for the owners or drivers of vehicles and means
of transportation, or the owners or drivers of vehicles used for the
transportation of passengers, baggage, merchandise, goods and chattels
of any kind, to engage in or pursue the business of transferring passengers
or carrying baggage, merchandise and goods and chattels of any kind,
for hire, with any vehicle drawn by one or more horses, or drawn or
propelled by any other means than horsepower; unless he or it shall
first obtain a license for that privilege and pay therefor the license
fee hereinafter mentioned for the business or occupation.
1.
Advertising bill, circular and sample distributors, a license fee
of $10.
2.
Bill posters, a license fee each of $15.
3.
Butter, eggs and poultry dealers, a license fee each of $10.
4.
Fish and oyster depots, a license fee each of $20.
5.
Flowers, plants and shrubbery stores, a license fee each of $10.
6.
Ice cream stores, with soft drinks, a license fee of $10.
7.
Ice cream, soda water and/or soft drink peddlers, a license fee of
$10.
8.
Junk dealers, a license fee of $15 for each wagon.
9.
Laundry agents or establishments, a fee of $7.50 for each vehicle
used.
10.
Peddlers of fresh and salt meats, for each wagon or vehicle license
fee each of $10.
11.
Peddlers of produce, for each wagon or vehicle, a license fee of
$7.50.
12.
Peddlers of dairy products, a license fee of $7.50 for each vehicle.
13.
Peddlers of bakery products, a license fee for each vehicle of $7.50.
14.
Peddlers of livestock of any kind, for each vehicle, a license fee
of $7.50.
15.
Peddlers of fish, oysters and clams, for each wagon or other vehicle,
a license fee each of $10.
16.
Peddlers of tobacco and cigars, for each wagon or other vehicle,
a license fee each of $15.
17.
Peddlers with wheelbarrow, push- or draw-carts, for sale of any articles,
a license fee each of $100.
18.
Peddlers or vendors of East Indian or foreign goods of any kind,
a license fee each of $50.
19.
Peddlers of balloons, or novelties, a fee each of $25.
20.
Vendors of cut flowers, plants, trees or shrubs, a license fee of
$10.
21.
Peddlers of shawls, kimonos, embroideries, laces or jewelry, a license
fee each of $50.
22.
Peddlers of clams or oysters, on foot, with baskets or pails, a license
fee each of $2.
23.
Photographers on foot, each person, a license fee of $10.
24.
Signs of wood or metal, the space of which either in whole or in
part, is rented, leased or sold under any contract for profit, a license
fee of $5 for each sign.
25.
Telephone companies, a license fee of $100.
26.
Telegraph companies, a license fee of $50.
27.
Wagons or vehicles for advertising purposes, a license fee of $25.
28.
Gasoline service station and garage selling gasoline and oil, a license
fee of $2.50 for the first pump and $1 for each additional pump.
29.
Peddlers of gasoline and oil, a license fee of $20 for each vehicle.
30.
Dealers in ice maintaining a depot in the Borough, a license fee
of $7.50.
31.
Vendors of ice, for each vehicle, a license fee of $7.50.
32.
Miniature golf course and/or golf-driving tees, a license fee of
$10 each.
33.
Hotels, a license fee of $25 each.
34.
All businesses or trades for which a specific license fee has not
herein otherwise been fixed and which are carried on in the Borough
shall be subject to a license fee of $15.
[Ord. #2-1966, § 47-2]
The license fees are imposed for health, safety and general
welfare and to provide a means of regulation of the business trades,
occupations and businesses mentioned herein.
[Ord. #2-1966, § 47-3]
All licenses granted by the Borough shall expire on the first
day of January of each year, without regard to the time when the same
are taken out or issued, and such license shall state the purpose
for which the same was granted, the number of the license and the
name of the person or persons or corporation licensed.
[Ord. #2-1966, § 47-4]
All applications for licenses shall be made to the Borough Clerk,
and all fees shall be paid to such officer. The applicant for the
license shall likewise furnish the Chief of Police all pertinent information
respecting his business and the moral character of such applicant.
The Chief of Police shall make an investigation touching upon such
matters and shall thereupon report his approval or disapproval to
the Borough Clerk, who shall not issue such license until a favorable
report is received from the Chief of Police.
[Ord. #2-1966, § 17-1]
No person shall canvass, solicit, distribute circulars or other
matter, nor call from house to house in the Borough without having
reported to and received a written permit from the Chief of Police
or the officer in charge at Police Headquarters.
[Ord. #2-1966, § 17-2]
The Chief of Police or, in his absence, the officer in charge
at Police Headquarters, shall have the power to grant permit to canvass,
which permit shall specify the number of hours or days and such officer
shall refuse to issue a permit in all cases where the application
of the canvasser on further investigation, to be made at the discretion
of such officer, shows that the canvasser is not of good character
or that he is canvassing for a project not free from fraud. The Chief
of Police, or in his absence, the officer in charge at Police Headquarters,
shall revoke the permit for failure or refusal on the part of the
permittee to observe the rules and regulations herein set forth.
[Ord. #2-1966, § 17-3; New]
Before the permit may be issued, the canvasser shall make an
application on the form provided by the Police Department.
[Ord. #2-1966, § 17-4]
a.
No person shall canvass within the Borough except between the hours
of 9:00 a.m. and 5:00 p.m.
b.
The permittee shall exhibit his or her permit to any Police Officer
or other person upon request.
c.
The permittee shall be courteous to all persons in canvassing and
shall not importune nor annoy any of the inhabitants of the Borough
and shall conduct himself or herself in a lawful manner.
[Ord. #2-1966, § 17-5]
This section shall not affect any person engaged in the delivery
of goods, wares or merchandise or other articles or things in the
regular course of business to the premises of persons ordering or
entitled to receive the same.
[Ord. #2-1966, § 17-6]
This section shall not affect any person or persons duly licensed
by the State of New Jersey to engage in the pursuit of his or their
business in the Borough; and further shall not affect any person or
persons employed by insurance companies duly authorized to do business
in the Borough.
[Ord. #7-1982, § 1]
As used in this section:
Shall mean any machine which upon the insertion of a coin,
slug, token, plate or disc, may be operated by the public for use
as a game, entertainment, or amusement, whether or not registering
a score, including but not limited to such devices as marble machines,
pinball machines, skill ball, mechanical grab machines, and all games,
operations or transactions similar thereto under whatever name they
may be indicated.
It shall include video type games or machines, or similar
devices that use a display screen for points, lines and dots of light
that can be manipulated to simulate games or other types of entertainment.
It shall not include nor shall this section apply to music playing
devices commonly known as "jukeboxes".
Shall mean any person who supplies any automatic amusement
device to another for use in his premises, whether under lease or
any similar arrangement.
Shall mean any person in whose premises any automatic amusement
device is placed or kept for operation.
Shall mean any person, firm, corporation, partnership or
association.
[Ord. #7-1982, § 2]
The purpose of this section is to license, regulate and control
automatic amusement devices which are operated for the purposes of
making a profit. The objective of this section is to regulate the
business of automatic amusement devices so as to prevent nuisances
to patrons and the public, fire hazards from overcrowding, poor ingress
and egress at premises where amusement devices are located, the promotion
of gambling, loitering, or the creation of an unhealthy atmosphere
for the youth of the community or other foreseeable undesirable effects
of such devices.
[Ord. #7-1982, § 3]
No person shall maintain, operate or possess in any store, building
or other place where individuals may enter, or in any building or
other place wherein any club or organization meetings are held within
the Borough, any automatic amusement device without first obtaining
a license therefor.
[Ord. #7-1982, § 4]
a.
A separate application for each automatic amusement device shall
be filed together with the appropriate fee with the Borough on forms
to be supplied by the Borough and shall be subscribed and sworn to
by the applicant who shall be at least 18 years of age.
b.
The application for the license shall contain the following:
1.
Name and address of the applicant;
2.
Name under which the location is being operated;
3.
Number and type of alcoholic beverage license, where applicable;
4.
Number and type of devices sought to be licensed;
5.
A sketch indicating the location of the premises, appropriate interior
dimensions and proposed placement of automatic amusement devices within
the premises;
6.
Name and address of the person from whom each device is to be purchased,
rented or otherwise obtained;
7.
Description of each automatic amusement device sought to be licensed
including for each device, the name of the manufacturer, model number
and serial number;
8.
Terms of agreement governing the acquisition and installation of
the automatic amusement devices.
9.
Information indicating whether the distributor, the applicant or
any person connected with the operation of the place wherein the game
or device is to be installed has ever been convicted of any crime
or found guilty of the violation of any ordinance pertaining to gambling
or gaming;
10.
Any other information which the Borough Clerk or the Chief of Police
may deem reasonably necessary and proper for the full protection of
the interest of the patrons or the public in the application.
[Ord. #7-1982, § 5]
The Chief of Police or his designee may make an investigation
of the premises and the applicant to determine the truth of the facts
set forth in the application. The Fire Safety Official may inspect
the premises to determine whether the premises comply with existing
fire regulations of the Borough. The Chief of Police and the Fire
Safety Official, upon completion of their inspection, attach to the
application their reports and recommendations therein in writing and
shall submit same to the Mayor and Council. Upon receipt of the application,
and inspection reports and recommendations, the Mayor and Council
shall proceed to consider the same and shall either approve or disapprove
the issuance of the license to the applicant. A license shall only
be granted after a determination by the Mayor and Council that the
issuance of the license will not be detrimental to the public health,
safety, welfare and morals of the citizens of the Borough. If the
applicant is approved, the Mayor and Council shall authorize the Borough
Clerk to issue the necessary license upon the receipt of the license
fee or fees as herein provided.
[Ord. #7-1982, § 6]
a.
No more than two licenses shall be issued for the placement, installation,
maintenance, operation or possession of automatic amusement devices
in or about any single premises or location.
b.
The use provided herein shall be limited to ancillary or accessory
use only within a building or premises used for a use permitted in
the B-2 Business Zone of the Borough. Nothing contained in this section
shall be construed as amending the Municipal Land Use Chapter of this
Code to include amusement device parlors or arcades or similar establishments
as a permitted use in the aforementioned zone. No automatic amusement
device shall be operated in any public or quasi-public place whose
primary purpose is to make the games available to the public. It shall
be deemed the primary purpose of a place to make the games available
to the public if more than 10% of the floor space open to the public
shall be devoted to the use of the games.
c.
The following rules shall govern the location within all business
premises of automatic amusement devices.
1.
No automatic amusement device shall be located in any premises within
500 feet of a school.
2.
Each device shall be located at least 10 feet from the entranceway
to the premises in which located and placed so that it does not obstruct
or interfere with the free and unfettered passage to and from the
premises of patrons or users of the premises.
3.
There shall be an unobstructed area in the front of each device of
at least four feet wherein the users of the device may use, watch
or wait to use the device.
d.
Nothing in this subsection shall be construed to require the removal
of any automatic amusement devices which are in place as of the effective
date of this section. Such devices, notwithstanding that they may
exceed the permitted number allowed by this section, can remain in
place on condition that all other provisions of this section are complied
with. The excess devices can remain in place until they are voluntarily
removed at which time the number of permitted machines shall be reduced
accordingly.
[Ord. #7-1982, § 7; Ord. No. 27-2010]
a.
The fee for all applications for licenses pursuant to this section
shall be a one-time fee of $150 per establishment to be licensed in
addition to all other licensing fees hereinafter set forth.
b.
The annual licensing fee for a license to operate an automatic amusement
device shall be $200 for each device.
[Ord. #7-1982, § 8; Ord. #17-1982, § 1]
a.
All licenses issued under this section shall run for a period of
one year from the date of their issuance.
b.
A license issued pursuant to this section for an automatic amusement
device may be transferred to any other automatic amusement device
within the licensed premises provided notice of such transfer is given
to the Borough Clerk. The notice shall include a description and the
serial number of the new device.
c.
Any change in the operator of any licensed establishment shall require the filing of a new application for license pursuant to subsection 4-3.4 of this chapter.
d.
Applications for renewal of amusement device licenses issued pursuant
to this section shall be made by submission to the Borough of an application
therefor not later than 30 days prior to the expiration of the license
along with the annual licensing fee.
[Ord. #7-1982, § 9]
a.
No person shall, in his place of business, permit gambling in connection
with the playing of any mechanical amusement device.
b.
An automatic amusement device may only be used or operated during
the hours of operation of the premises in which located, and when
the operator or an employee of the operator is present in the premises.
[Ord. #7-1982, § 10]
a.
Revocation of License. The following shall be cause for revocation
of a license issued under this section:
1.
Gambling on the premises;
2.
False or incorrect material on the application or information furnished
by the applicant;
3.
Failure to maintain good and safe conduct on the premises;
4.
Violation of the laws of the State of New Jersey, of this or other
regulations of the Borough;
5.
The presence of the machines result in obscene and loud language
disturbing to the public or to other patrons of the premises, creation
of a nuisance, excessive noise, litter, traffic or rowdyism by the
patron.
b.
Posting and Displaying. An operator's license granted pursuant to
this section shall:
[Ord. #7-1982, § 12]
Any automatic amusement device shall be impounded by the police
if it is suspected that the machine is being used for gambling purposes.
[Ord. #11-1987, § 1]
As used in this section:
Shall mean and include all sales entitled "garage sale",
"lawn sale", "attic sale", "rummage sale", or "flea market", or any
similar casual sale of tangible personal property which is advertised
by any means whereby the public at large is or can be made aware of
said sale.
Shall mean and include any goods, warehouse merchandise or
other tangible personal property capable of being the object of a
sale regulated hereunder.
Shall mean and include individuals, partnerships, voluntary
associations and corporations.
[Ord. #11-1987, § 2]
It shall be unlawful for any person to conduct a garage sale
in the Borough without first filing with the Chief of Police the information
hereinafter specified and obtaining from such Chief of Police a license
to do so, to be known as a "Garage Sale License". The fee for such
license shall be and the same is hereby fixed at $5. The application
for a "Garage Sale License" shall be filed with the Chief of Police
at least three days prior to the proposed date of sale.
[Ord. #11-1987, § 3]
Only two such licenses shall be issued for the same premises
within a period of 12 months, except that in the event that the premises
are sold or transferred within the said twelve-month period, an additional
license may be issued to the new owner. Further, a separate license
may be issued where more than one residential structure exists on
the same premises.
A license shall be issued for not more than three consecutive
calendar days and upon issuance the license must be prominently displayed
on the premises upon which the garage sale is conducted throughout
the entire period of the licensed sale.
[Ord. #11-1987, § 4]
The information to be filed with the Chief of Police, pursuant
to this section shall be as follows:
a.
Name of person, firm, group, corporation, association or organization
conducting said sale.
b.
Name of owner of the property on which such sale is to be conducted
and consent of owner if applicant is other than owner.
c.
Location at which sale is to be conducted.
d.
Number of days of sale.
e.
Date and nature of any past sale.
f.
Sworn statement or affirmation by the person signing that the information
therein given is full and true and known to him to be so.
[Ord. #11-1987, § 5]
All garage sales shall be conducted between the hours of 9:00
a.m. and 5:00 p.m. only.
[Ord. #11-1987, § 6]
No more than one sign, not exceeding 24 inches by 24 inches
in area, shall be permitted for the purpose of advertising such garage
sale. The sign shall have a space allotted thereon upon which shall
be prominently endorsed the name and address of the person conducting
the sale. If such a sign is used it shall be posted only upon the
premises on which said sale is conducted and shall be removed within
24 hours after completion of the sale.
[Ord. #11-1987, § 7]
The provisions of this section shall not apply to or affect
the following persons or sales:
a.
Persons selling goods pursuant to an order or process of a Court
of competent jurisdiction.
b.
Persons acting in accordance with their powers and duties as public
officials.
c.
Any person selling or advertising for sale an item or items of personal
property which are specifically named or described in the advertisement
in which separate items do not exceed five in number.
d.
Any sale conducted by any merchant or mercantile or other business
establishment from or at a place of business wherein such sale would
be permitted by the Zoning Regulations of the Borough of Spring Lake
Heights or under the protection of the Non-conforming Use Section
thereof or any other sale conducted by a manufacturer, dealer or vendor,
which sale is conducted on properly zoned premises, and not otherwise
prohibited by any other ordinance or state.
e.
Any bona fide charitable, eleemosynary, educational, cultural or
governmental institution or organization; provided, however, that
the burden of establishing the exemption under this subsection shall
be on the organization or institution claiming such exemption.
[Ord. #11-1987, § 8]
This section shall be enforced by the Chief of Police. It shall
be his duty to investigate any violations of this section coming to
his attention, whether by complaint or arising from his own personal
knowledge, and if a violation is found to exist, he shall prosecute
a complaint before the local Municipal Court pursuant to the provisions
of this section. It shall be the duty of the Police Department of
the Borough to bring any violations of this section of which the Police
Department becomes aware during the course of its normal duties.
[Ord. #11-1987, § 9]
The person to whom such license is issued and the owner or tenant
of the premises on which such sale or activity is conducted shall
be jointly and severally responsible for the maintenance of good order
and decorum on the premises during all hours of such sale or activity.
No such person shall permit any loud or boisterous conduct on the
premises nor permit vehicles to impede the passage of traffic on any
roads or streets within the area and neighborhood of such premises.
All such persons shall obey the reasonable orders of any member of
the Police Department of the Borough in order to maintain the public
health, safety and welfare.
[Ord. #11-1987, § 10]
Any person conducting a garage sale without being properly licensed
therefor or who shall violate any of the other terms and regulations
of this section, shall upon conviction thereof be subject to a fine
of not less than $25 nor more than $100. Each day that such sale shall
continue without being duly licensed shall constitute a separate violation.
[Ord. #2-1989, § 1]
It is hereby established by the Mayor and Council of the Borough
of Spring Lake Heights that as a precondition to the issuance or renewal
of any license or permit issued by, or requiring the approval of the
Borough, that the applicant, if he is the owner thereof, pay any delinquent
property taxes, assessments, water and sewer charges on the property
wherein the business or activity for which the license or permit is
sought or wherein the business or activity is to be conducted.
[Ord. #2-1989, § 2]
If, subsequent to the issuance of any license or permit, the
owner of the property upon which the licensed business or activity
is conducted has failed to pay the taxes, assessments, water-sewer
connection fees, and water and sewer charges due on the property for
at least three consecutive quarters, then the license or permit shall
be revoked or suspended.
[Ord. #2-1989, § 3]
Upon payment of the delinquent taxes or assessment, pursuant
to the provisions of this section, the license or permit shall be
restored.
[Ord. #2-1989, § 4]
The provisions of the section shall not apply to or include
any alcoholic beverage license or permit issued pursuant to the Alcoholic
Beverage Control Act, N.J.S.A. 33:1-1 et seq.
[Ord. No. 27-2010]
Storage of equipment, modulars, or other items not owned by
the Borough on the Passaic Avenue extension shall be $100 per day.
[Added 6-15-2020 by Ord.
No. 2020-03]
As used in this section, these terms shall have the following
meanings:
A designated area on the premises of a permitted retail food
establishment or restaurant, but outside the principal building, and
where patrons may sit at tables while consuming food and beverages
ordered from and served by a waiter or waitress.
A designated area on the premises of a permitted retail food
establishment, but outside the principal building, and where patrons
may sit at tables while consuming foods, soft drinks, ice cream, and
similar confections purchased from the retail food establishment.
Shall include, but not be limited to, that portion of a public
sidewalk, public right-of-way or public plaza, which immediately abuts
a commercial establishment.
An area of sidewalk, parallel to the principal structure's
facade and the curbline, at least four feet wide between the adjacent
property and the adjacent curb, which shall be unobstructed by trees,
tree wells, light poles, trash receptacles, sign poles and posts,
utility poles, fire hydrants and similar structures. The pathway shall
not meander around obstructions and should be aligned via a constant
offset from the curbline.
A designated area of a public sidewalk where patrons may
sit at tables while consuming food and beverages ordered from and
served by a waiter or waitress.
[Added 6-15-2020 by Ord.
No. 2020-03]
a.
Areas in which outdoor dining areas, outdoor eating areas and sidewalk
cafes areas, collectively referred to as "area" or "areas," are permitted.
1.
Outdoor eating areas, as defined in this section, may be established
as an accessory use to permitted restaurants and retail food establishments.
2.
Outdoor dining areas, as defined in this section, may be established
as an accessory use to permitted restaurants and retail food establishments.
3.
Sidewalk cafe areas, as defined in this section, may be established
as an accessory use to permitted restaurants.
b.
No person shall operate an outdoor dining area, an outdoor eating
area or a sidewalk cafe unless a zoning permit has been obtained from
the Borough of Spring Lake Heights.
c.
Applicants shall apply for permit approval in accordance with the
provisions of this chapter. All such applications shall be approved
by the Zoning Officer and shall be referred to the Chief of Police
and the Fire Prevention Official, who shall provide the Zoning Officer
with written reports of their opinions and recommendations regarding
the application.
d.
Applicants shall meet all general ordinance requirements and all
other laws, rules, regulations and codes applicable to the proposed
activity including setbacks for accessory structures or uses.
e.
Applicants proposing to establish an outdoor eating area, outdoor
dining area or sidewalk cafe area must provide satisfactory proof
to the Zoning Officer of the following:
1.
Applicants proposing to establish an outdoor eating area or outdoor
dining area must provide an architectural barrier such as floral arrangements,
landscaping and/or decorative fencing designed to enclose the eating
area and limit the ability of litter to blow off the premises but
not attached to a public sidewalk area. The Zoning Officer shall also
require such architectural barriers for litter in any other locations
or situations where the Zoning Officer determines that the litter
would otherwise be likely to result from the accessory use. All other
outdoor dining areas and sidewalk cafe areas shall be delineated by
a decorative chain and bollards or other means approved by the Zoning
Officer.
2.
An applicant proposing to establish an outdoor eating area, outdoor
dining area or sidewalk cafe area shall submit to the Zoning Officer
a scaled survey of the proposed seating areas with accurate measurements,
which shall include but not be limited to a depiction of all aisles,
routes of ingress and egress; clearances between tables and between
the seating area at the curb; the location of all food preparation
and service areas; the landscape plan; location and description of
all plumbing, electrical and other equipment and fixtures that will
be utilized; an illustration, rendering and/or photograph of all proposed
furniture, umbrellas, awnings, signage and other furniture proposed.
3.
The Zoning Officer shall review each application to ensure that the
proposed operation of the outdoor eating area, outdoor dining area
or sidewalk cafe area will not interfere with pedestrian or vehicular
traffic. Four feet of unobstructed non-meandering sidewalk shall be
provided. The area shall be clearly demarcated through the placement
of a temporary barricade which is reviewed and approved by the Zoning
Officer.
4.
The Zoning Officer shall require each applicant to submit a litter
control plan which shall include, but not be limited to, a description
of the number and location of trash receptacles for the areas and
the frequency with which the tables, surrounding area and adjacent
public and private properties will be policed for litter.
5.
The permit granted pursuant to this section shall allow the use of
the outdoor dining areas, outdoor eating areas and sidewalk cafe areas.
However, the area must be properly maintained at all times including
complying with the litter control plan, complying with all applicable
laws, rules, regulations and codes, properly securing and/or removing
tables, chairs and other items during times of inclement weather and
high wind; further, at no time shall chairs, tables or other items
be stacked in the area.
6.
Applicants receiving permit approval for an outdoor eating area,
outdoor dining area or sidewalk cafe area shall obtain a permit each
year to continue operations in the years subsequent to the initial
approval, provided that the operations are not changed and no violations
of this section have occurred.
7.
No amplified sound is permitted. Additionally, music of any kind
is not permitted outside of the principal building.
8.
Applicant shall indemnify and save harmless the Borough of Spring
Lake Heights, its employees, agents or officers from all claims, losses,
liens, expenses, suits and attorney fees (liabilities) arising from
the placement, operation and maintenance of the applicant's sidewalk
cafe/outdoor dining/outdoor eating areas. Applicant agrees to name
the Borough of Spring Lake Heights as an additional insured under
the applicant's general liability insurance (minimum required
limit of $1,000,000, bodily injury, property damage and personal injury,
and maintains such insurance for such time as the sidewalk cafe/outdoor
dining/outdoor eating area(s) exists. The owner shall provide the
Zoning Officer with evidence of such insurance.
9.
The hours of operation of any outdoor dining activities authorized
by this ordinance shall be between 8:00 a.m. and 11:00 p.m. Outdoor
dining shall be permitted between May 15 and October 15. These hours
and dates may be modified by resolution of the governing body.
10.
Alcoholic beverages may be consumed in any outdoor dining area, provided
that compliance with all ABC and liquor license rules and regulations
is still required.
11.
The seating contained in an outdoor eating area, outdoor dining area
or sidewalk cafe area shall not be counted in determining any parking
space requirement for a retail food establishment or restaurant use.
12.
(Reserved)
13.
The outdoor eating area, outdoor dining area or sidewalk cafe area
shall be solely an extension of the permitted business use within
the adjacent building or storefront with frontage on that public area.
The exterior boundaries of the outdoor area shall be determined by
the interior walls of the building or storefront which abuts the public
or outdoor area and the exterior walls of the barricade.
14.
No furniture, decorations or appurtenances used for the operation
of the outdoor eating area, outdoor dining area or sidewalk cafe area
shall pose a safety hazard to the general public or be located in
such a way as to impede the safe and speedy ingress and egress to
or from any building or structure.
[Added 6-15-2020 by Ord.
No. 2020-03]
The following additional design standards shall apply:
a.
Where curbside abuts on-street parking, curbside dining is limited
to two-top tables placed parallel to the street. A minimum two-foot
setback should be maintained from the curb edge.
b.
Additional sidewalk clearance may be required where pedestrian traffic
or other circumstances warrant.
c.
An unobstructed pedestrian corridor of a minimum of four feet in
width straight out must be maintained between any restaurant entrance
and the pedestrian corridor space.
d.
Clear unobstructed height of seven feet must be maintained between
the sidewalk surface and overhead objects including umbrellas.
e.
A minimum clearance of five feet must be maintained between the outdoor
dining space and edge of parking lots, driveways, alleys, and handicapped
ramps.
f.
The outdoor dining space must not block access to public amenities
like street furniture, trash receptacles, and way finding, or directional
signs.
g.
Dining areas at corners must not extend within sight triangles at
street intersections.
h.
An unobstructed pedestrian corridor of a minimum of four feet in
width must be maintained parallel to the street at all times.
i.
Furniture must be made of durable material.
j.
Planters or pots may be used to define the outdoor dining space but
are not required.
k.
Perimeter fences are discouraged. Fences must not be solid or opaque,
made of plastic or unfinished or pressure treated wood, or affixed
to the ground.
l.
Tabletop signage is limited to menus and must not exceed four square
feet in area.
m.
There can be no more than two umbrellas per table.
n.
The umbrellas must be fixed so as to leave a clear height of seven
feet from the sidewalk surface.
o.
Umbrellas are not allowed on tables located within 10 feet of block
corners.
p.
Lighting must not cause glare to pedestrians or vehicular traffic.
q.
Lighting must not be affixed to trees, bushes and any natural growth.
r.
Tables, chairs, planters, and pots may remain in the designated outdoor
dining area throughout the permit period. All umbrellas, signage,
and other accessories, however, must be removed from the dining area
at the close of business each day.
s.
The outdoor dining operation must comply with all state and local
sanitary and health regulations.
t.
A host stand and tabletop candles are allowed within the approved
dining area. However, these accessories have to be removed from the
dining area at the close of business.
u.
No tents or cash registers are permitted within the outdoor dining
area except except during a government-declared state of emergency.
v.
Outdoor dining areas cannot run electrical cords from the restaurant
building or the City power receptacles.
w.
The applicant is responsible for keeping the outdoor dining area
and the permittee's property clean of garbage, food debris, paper,
cups, or cans associated with the operation of the outdoor dining
space on a daily basis. All waste and trash must be properly disposed
of by the applicant.
x.
Sidewalks within and adjacent to the outdoor dining area must be
washed down and cleaned on a daily basis. Any stains from spills must
be removed. Soiled pavement not able to be cleaned must be replaced
by the permit holder, under the supervision of the Borough Engineer
and detergents used for cleaning must not drain into tree pits.
y.
Signage. A-frame, sandwich signs and menu signs are prohibited outside.
All signs attached to poles, fences, or trees are prohibited. All
signage must be approved by the Zoning Officer.
[Added 6-15-2020 by Ord.
No. 2020-03]
All permits required by this section shall be applied for and
obtained from the Office of the Zoning Officer during normal business
hours. Applications for such permits shall be in a form approved by
the Borough Administrator and be accompanied by a permit fee of $250
unless a different fee is established by resolution of the governing
body. Applications for renewal of permits annually shall pay $125.
[Added 6-15-2020 by Ord.
No. 2020-03]
The Zoning Board of Adjustment[1] shall have the power to hear and decide appeals where
it is alleged by the appellant that there is error in any requirement,
decision or refusal made by the Zoning Officer in the enforcement
of this section.
[Added 6-15-2020 by Ord.
No. 2020-03]
Each person violating any of the provisions of this section
shall, upon conviction thereof, be liable for a fine not less than
$500 for the first offense. For second or subsequent offenses the
penalty shall be the maximum penalty as provided by law and as authorized
in the Revised General Ordinances of the Borough of Spring Lake Heights.
In addition to any penalty as noted above, any conviction for
violation of this section shall operate to immediately revoke the
permit issued and preclude the issuance of a renewal permit for one
year.
