[Added 9-21-2020 by Ord. No. 8-2020]
As used in this article, the following terms shall have the meanings indicated:
OUTDOOR DINING AREA
A designated area on the premises of a retail food establishment or restaurant, but outside the principal building, where patrons may sit at tables while consuming food and beverages.
A. 
A temporary outdoor dining area, as defined in this article, may be established for any existing retail food establishment or restaurant facilities with current interior dining area.
B. 
No person shall operate an outdoor dining area without a permit from the Borough of Tuckerton. A permit is valid for a twelve-month period from date of issuance.
C. 
Applicants shall apply for permit approval in accordance with the provisions of this article. All such applications must be approved by the Zoning Officer and shall be referred to the Chief of Police, Fire Marshal, and Construction Official who shall provide the Zoning Officer with written reports of their opinions and recommendations regarding the application.
D. 
Applicants shall meet the general ordinance requirements and all other laws, rules, regulations and codes applicable to the proposed activity.
E. 
Any restaurant or retail food establishment which has previously received approval by resolution of the Land Use Board for outside seating is exempt from the above permitting requirement. This exemption applies only for the specified number of seats permitted in the approving resolution.
F. 
Outdoor dining areas located on a public sidewalk or public right-of-way or fire lane are prohibited.
G. 
An application and permit shall be required for all outdoor dining areas.
(1) 
All permits required by this section shall be applied for and obtained from the Office of the Zoning Officer.
(2) 
The applicant proposing to establish an outdoor dining area must provide current licensed occupancy.
(3) 
The applicant shall submit to the Zoning Officer a layout of the proposed seating areas, which shall include a depiction of all aisles, seating areas and means of ingress and egress. The applicant shall also detail proposed barriers, such as large planters or shrubs, decorative fencing or vehicle barriers designed to enclose the eating area, as well as the proposed placement of canopies, tents or umbrellas.
(4) 
The applicant shall detail plans to control litter and waste.
H. 
All outdoor dining areas shall comply with the following rules, regulations, and specifications.
(1) 
The Zoning Officer shall review each application to ensure that the proposed operation of the outdoor dining area will not interfere with pedestrian or vehicular traffic. Six feet of unobstructed sidewalk should be provided with the exact width being determined by the Zoning Officer as he deems it to be appropriate to promote pedestrian or vehicular safety. However, in no event shall the unobstructed sidewalk be less than four feet.
(2) 
The outdoor dining area shall be operated and maintained in accordance with the outdoor seating plan as finally approved, and by the same person who operates and maintains the abutting retail food establishment.
(3) 
Any proposed outdoor seating shall serve as a substitute for permitted indoor seating. The total existing permitted occupancy of the restaurant or retail food establishment shall not be increased by the establishment of an outdoor dining area.
(4) 
No furniture, apparatus, decoration, or appurtenance used in connection with the operation with the outdoor dining area shall be located in such a way as to impede the safe and speedy egress to or from any building or structure.
(5) 
The outdoor area used by the outdoor dining area shall be kept clean and free of litter and shall be washed as required.
(6) 
Noise shall be kept at such a level as to comply in all aspects with the provisions of applicable ordinances of the Borough.
(7) 
Outdoor dining areas shall be permitted to operate from 7:00 a.m. until 10:00 p.m., Monday through Thursday, and 7:00 a.m. until 11:00 p.m., Friday through Sunday.
(8) 
Furniture, apparatus, decorations, and appurtenances must be maintained in an orderly fashion within the outdoor dining area during hours of operation, and at closing a specific breakdown process must be implemented to assure same.
(9) 
All canopy tents and/or umbrellas must be properly secured and shall be subject to all applicable building codes.
(10) 
No outdoor bar or serving stations that require plumbing or electric are permitted.
(11) 
Applicants must comply with all ABC regulations and permit requirements pertaining to outdoor alcohol beverage sales and consumption. Any served or BYOB beverages must remain within approved designated areas.
(12) 
Outdoor dining areas shall be solely an extension of the permitted business use within the adjacent building or storefront.