Atlantic City, NJ Obstructions

Any seating and/or tables shall not impair the free and uninterrupted passage of persons along said sidewalks. Seating and/or tables shall not extend beyond the lesser of half the width of the sidewalk or more than eight feet from the exterior property line of the retail establishment towards the street.

No tables and chairs are permitted on any sidewalk between the hours of 12:00 midnight and 6:00 a.m. In addition, tables must be removed from the sidewalk within one hour after the close of the adjacent retail establishment and may not be set up prior to one hour before the retail establishment opens for business.

[Amended 9-22-2004 by Ord. No. 106-2004]

Any seating and/or tables may not extend beyond the street level frontage of the retail food establishment unless the licensee has authority, in writing, and filed with the Director of Planning, from one or both immediately adjacent property owners permitting seating and/or tables in front of said adjacent property or properties.

The owner of any retail food establishment providing seating and/or tables on the sidewalk pursuant to this section must maintain the sidewalk to the curb free and clear of all rubbish and litter. This duty is in addition to any and all other duties imposed on all retail food establishments by the Department of Health and/or any code enforcement agency having jurisdiction over such premises.

Alcoholic beverages may be served and/or consumed at any seating and/or tables permitted under this section.

[Amended 11-20-2002 by Ord. No. 61-2002]

Privileges permitted under this section are specifically limited to sidewalks and do not extend to the streets, boardwalks or highways of the City of Atlantic City.

In addition of the penalty set forth at § 222-31 of the Code of the City of Atlantic City, upon a charge and finding of any violation of this section, the mercantile license of said retail food establishment and/or the privileges provided by this section may be revoked. The administrative hearing officer having jurisdiction over violations of this section shall be the Director of Licensing and Inspections and/or his designee.

[Amended 7-10-2002 by Ord. No. 21-2002; 1-27-2010 by Ord. No. 03-2010]

(8)

The privileges provided under this section are not intended to provide any license, easement or other property interests.

However, the foregoing subsection shall not prohibit a duly licensed retail food establishment with frontage on the Boardwalk from providing seating and/or tables located entirely within the 12 feet of the Boardwalk directly in front of the premises, and provided that the Boardwalk is at least 60 feet in width (from the northerly edge to its southerly edge) for the full width of said retail food establishment's frontage; and where the Boardwalk is less than 60 feet in width but at least 40 feet in width, the seating and/or tables shall be restricted entirely within the eight feet of the Boardwalk in front of said premises. Seating shall also be permitted for retail food establishments located on a corner of the Boardwalk and any side street for which the access ramp is not used for vehicle access, in the first 12 feet of the area across from but not on the access ramp and north of the Boardwalk right-of-way to a northerly depth from the Boardwalk co-equal to that of the retail food establishment. The seating shall be permitted under the conditions outlined below seasonally, from March 1 through November 10, and from November 10 through February 28/29 during the off-season. Notwithstanding the above, no retail food establishment that is approved as a temporary use by the Planning Division, rather than a permanent structure, shall be permitted to maintain any seating within the Boardwalk right-of-way.

[Amended 9-14-1994 by Ord. No. 66-1994; 10-26-1994 by Ord. No. 85-1994; 8-4-1999 by Ord. No. 35-1999; 7-10-2002 by Ord. No. 21-2002; 11-20-2002 by Ord. No. 61-2002; 9-22-2004 by Ord. No. 106-2004; 4-19-2006 by Ord. No. 23-2006; 7-25-2007 by Ord. No. 50-2007; 7-25-2007 by Ord. No. 54-2007; 1-27-2010 by Ord. No. 03-2010; 3-23-2011 by Ord. No. 23-2011; 10-20-2021 by Ord. No. 49-2021]

Any seating and/or tables shall not impair the free and uninterrupted passage of persons, rolling chairs any trams along said Boardwalk.

Tables and chairs used in connection with outdoor seating on the Boardwalk may remain on the Boardwalk after the retail food establishment has closed for the day; provided, however, that such items shall be removed from the Boardwalk in the event the retail food establishment ceases utilizing the outdoor seating area for the sale of food and beverage for a period of seven consecutive days. Such tables and chairs may be added back to the Boardwalk once food and beverage service recommences.

The owner of any retail food establishment providing seating and/or tables on the Boardwalk pursuant to this section must maintain the first ribbon of the Boardwalk free and clear of all rubbish and litter. This duty is in addition to any and all other duties imposed on all retail food establishments by the Department of Health and/or any code enforcement agency having jurisdiction over such premises.

A sample of all proposed tables and chairs shall be submitted to the City Division of Planning prior to their placement on the Boardwalk. No table or chair set will be permitted without prior approval. In no event shall picnic style tables (rectangular table with bench seating) be permitted in the Boardwalk seating area.

Privileges permitted under this section are specifically limited and may be suspended by the Mayor, the Chief of Police, the Chief Engineer of the Fire Department or the Director of Emergency Management in the event of a parade or a weather or other emergency with or without notice in the interests of public health and safety.

In addition of the penalty set forth at § 222-31 of the Code of the City of Atlantic City, upon a charge and finding of any violation of this section, the mercantile license of said retail food establishment and/or the privileges provided by this section may be suspended or revoked. The administrative hearing officer having jurisdiction over the suspension or revocation of a mercantile license for violations of this section shall be the Director of Licensing and Inspections and/or his designee.

The privileges provided under this section are not intended to provide any easement or other property interests but may be supplemented by separate license agreement approved by City Council.

(8)

Alcoholic beverages may be served and/or consumed at any seating and/or tables permitted under this section in accordance with the further licensing provisions of § 222-26G below.

(9)

Where the Boardwalk is less than 40 feet in width, the seating and/or tables contemplated under this article shall be prohibited.

(10)

All Boardwalk eateries that exercise the option provided by this section shall be required to hold harmless and indemnify the City of Atlantic City from and against any and all claims arising out of or in connection with such undertaking. Prior to the issuance of a license (or license renewal) permitting the table and chair placement, such eatery shall annually submit to the Atlantic City Director of Planning and Development proof of an insurance policy issued by an insurance company licensed to do business in the State of New Jersey insuring the Boardwalk eatery and the City of Atlantic City against all claims for damage to property or bodily injury, including death, which may rise from or in connection with Boardwalk seating and service. Such insurance shall name the City of Atlantic City as an additionally insured and shall provide that the policy shall not terminate or be cancelled prior to its normal expiration date without 30 days' advance written notice to the City. The minimum amounts of insurance to be maintained under such policy are a combined single limit policy of $1,000,000.

(11)

For purposes of this subsection, "tables and chairs" shall include related items such as security fencing, umbrellas, space heaters, portable bars and related items.

(Reserved)[1]

[1]

Editor's Note: Former Subsection D, regarding retail food establishments in the Midtown Section, was repealed 4-19-2006 by Ord. No. 23-2006.

This § 222-26 shall not supersede other applicable City ordinances or provisions of the City Code except conflicting provisions of Chapter 79 covering alcoholic beverages.

[Added 11-20-2002 by Ord. No. 61-2002]

(Reserved)[2]

[2]

Editor's Note: Former Subsection F, regarding retail food establishments between Dr. Martin Luther King, Jr. Boulevard and Indiana Avenue, was repealed 4-19-2006 by Ord. No. 23-2006.

Prior to the placement of any tables and chairs on the Boardwalk by an establishment, during the season or the off-season, under any of the subsections above, the owner or operator of the establishment shall enter into a license agreement with the City of Atlantic City defining the conditions for the use of the area in which said tables and chairs shall be placed. The license agreement shall:

[Added 6-25-2003 by Ord. No. 36-2003; amended 6-16-2004 by Ord. No. 44-2004; 4-19-2006 by Ord. No. 23-2006; 3-26-2008 by Ord. No. 22-2008; 10-20-2010 by Ord. No. 74-2010; 10-20-2021 by Ord. No. 49-2021]

Reference the requirements in the applicable subsection of this § 222-26 and include a description of the types of tables, chairs and other fixtures to be permitted in the licensed area and, notwithstanding the provisions of this section, the time period in which those items may be present and the manner in which they may be fixed on and to the Boardwalk.

Include insurance and indemnification requirements at least as protective to the City as those enumerated in § 222-26C(13).

(Reserved)

Require annual review by the Director of Planning, or other Mayor designee, and the Mayor shall be authorized to execute any renewal on behalf of the City.

Be revocable by the Mayor or Council upon 30 days' notice to the licensee or immediately upon the breach of the agreement by the license.

Require an annual seasonal fee to be paid to the City in an amount equal to $160 per linear foot of Boardwalk frontage of the property licensed if the licensee holds an alcoholic beverage license or $80 per linear foot of Boardwalk frontage of the property licensed if the licensee does not hold an alcoholic beverage license. An off-season license agreement shall require an annual fee to be paid in an amount equal to $80 per linear foot of Boardwalk frontage of the property licensed if the licensee holds an alcoholic beverage license or $40 per linear foot of Boardwalk frontage of the property if the licensee does not hold an alcoholic beverage license.

Require, as a condition of said license, that the licensee provide, for its patrons, rest room facilities, accessible to persons with disabilities and compliant with the requirements of the Americans with Disabilities Act (ADA), upon or accessible from the premises to which the license is issued.[3]

[3]

Editor's Note: Former Subsection H, regarding specific areas of the Boardwalk where tables and chairs and food and beverage service are permitted, which immediately followed this subsection, was repealed 4-19-2006 by Ord. No. 23-2006.

§ 222-26.1 Placement of goods and wares on Boardwalk.

[Added 4-19-2023 by Ord. No. 21-2023]

Purpose and intent. The purpose is to provide an opportunity for retail business establishments with storefronts on the Boardwalk to place display equipment for the purpose of the display of goods and wares, and goods and wares (merchandise) on the Boardwalk subject to conditions and requirements set forth herein as a temporary trial for the 2023 season only. It is expected, and required, that all display equipment, goods and wares shall be placed in such a manner as not to block pedestrian access and shall be maintained in an uncluttered, safe, and clean appearance. After the spring, summer and fall season of 2023, there will be an evaluation of conditions related to the cooperation of the participating retail business establishments relating to conformance with requirements, level of nonconformity, relative overall appearance, cleanliness, safety concerns, impairment of pedestrian access, if any.

No person shall place, deposit, display, exhibit or offer for sale his, her or their goods, wares or merchandise upon the Boardwalk of the City of Atlantic City so as to obstruct the free and uninterrupted passage of persons over and along the full width of the Boardwalk right-of-way.

However, the foregoing subsection shall not prohibit a duly licensed retail business establishment from placing display equipment, goods and wares in front of said premises, subject to the following terms and conditions:

Any display equipment and goods and/or wares shall not impair the free and uninterrupted passage of persons along said Boardwalk. Display equipment and/or goods and/or wares shall not extend beyond the area licensed by the City of Atlantic City. The license area shall not be more than four feet wide from the exterior property line of the adjoining subject property of the retail business establishment into the Boardwalk right-of-way. The license area shall be bounded on both sides by the extension of the limits of the interior lease which ends at the interior walls of the commercial unit. The line of the interior wall will extend onto the Boardwalk on both sides to create the side boundaries of the four-foot-wide license area.

No placement of display equipment and/or goods and wares are permitted on the Boardwalk between the hours of 12:00 midnight and 6:00 a.m. In addition, equipment and/or goods and wares must be removed from the Boardwalk within one hour after the close of the adjacent retail business establishment and may not be set up prior to one hour before the retail business establishment opens for business.

Any display equipment and/or goods and wares shall not extend beyond the Boardwalk store frontage of the particular retail business establishment.

The owner of any retail business establishment providing display equipment and/or goods and/or wares on the Boardwalk pursuant to this section must maintain the Boardwalk clear of all rubbish and litter. This duty is in addition to any and all other duties imposed on all retail business establishments by the Department of Health and/or any code enforcement agency having jurisdiction over such premises.

Privileges permitted under this section are specifically limited to the Boardwalk and do not extend to the Boardwalk ramps leading from streets to the Boardwalk, streets, or highways of the City of Atlantic City.

In addition to the penalty set forth at § 222-31 of the Code of the City of Atlantic City, upon a charge and finding of any violation of this section, the mercantile license of said retail establishment and/or the privileges provided by this section may be revoked. The administrative hearing officer having jurisdiction over violations of this section shall be the Director of Licensing and Inspections and/or his designee.

The privileges provided under this section are not intended to provide any license, easement or other property interests.

(8)

The display equipment and/or goods and/or wares shall be permitted under the conditions outlined herein seasonally, from March 1 through November 10.

(9)

All display equipment and/or goods and wares are only temporary. No permanent structures are permitted.

(10)

All display equipment and/or goods and/or wares must be adequately anchored to prevent movement, toppling, falling as to create a hazard to the public.

(11)

Any equipment and/or goods and/or wares shall not impair the free and uninterrupted passage of persons, wheelchairs, walkers, rolling chairs or trams along the Boardwalk.

(12)

The owner/operator of any retail establishment providing equipment and/or goods and/or wares on the Boardwalk pursuant to this section must maintain the license area free and clear of all rubbish and litter. This duty is in addition to any and all other duties imposed on all retail establishments by the Department of Health and/or any code enforcement agency having jurisdiction over such premises.

(13)

A sample of all proposed display equipment and/or goods and/or wares shall be submitted to the City prior to their placement on the Boardwalk. No equipment and/or goods and wares will be permitted without prior approval.

(14)

(15)

In addition to the penalty set forth at § 222-31 of the Code of the City of Atlantic City, upon a charge and finding of any violation of this section, the mercantile license of said retail establishment and/or the privileges provided by this section may be suspended or revoked. The administrative hearing officer having jurisdiction over the suspension or revocation of a mercantile license for violations of this section shall be the Director of Licensing and Inspections and/or his designee.

(16)

The privileges provided under this section are not intended to provide any easement or other property interests but may be supplemented by separate license agreement approved by City Council.

(17)

The licensee must obtain a certificate of land use compliance (CLUC) for retail use and associated signage along with the license area for display.

(18)

Where the Boardwalk is less than 40 feet in width, the equipment and/or goods and/or wares contemplated under this section shall be prohibited.

(19)

All Boardwalk retail business establishments that exercise the option provided by this section shall be required to hold harmless and indemnify the City of Atlantic City from and against any and all claims arising out of or in connection with such undertaking. Prior to the issuance of a license (or license renewal) permitting the equipment and/or goods and wares placement, such retail establishment shall annually submit to the City proof of an insurance policy issued by an insurance company licensed to do business in the State of New Jersey insuring the Boardwalk retail establishment and the City of Atlantic City against all claims for damage to property or bodily injury, including death, which may rise from or in connection with Boardwalk equipment and/or goods and wares display. Such insurance shall name the City of Atlantic City as an additional insured and shall provide that the policy shall not terminate or be cancelled prior to its normal expiration date without 30 days' advance written notice to the City. The minimum amounts of insurance to be maintained under such policy are a combined single limit policy of $1,000,000.

(20)

For purposes of this section, "display equipment and/or goods and/or wares (aka merchandise)" shall include related items such as portable sandwich signs, umbrellas, display tables, display racks, and related items. All items must be made of durable materials that are capable of continued use and can be sustainable in poor weather conditions. No cardboard, paper or bare unpainted wood storage containers, shelving, display tables, or display racks are permitted. No damaged or broken cardboard, paper or bare unpainted wood storage containers, shelving, display tables, or display racks are permitted.

(a)

The display of retail merchandise may include goods hung on hangers on racks or displayed on tables, provided that the outdoor display is orderly and provides adequate vertical and horizontal clearances for public safety.

(b)

Maximum heights: display table and/or storage containers: 32 inches; display racks and/or shelving: 48 inches.

(c)

Portable sandwich sign size: maximum sign width: two feet six inches; maximum height: four feet above Boardwalk surface; maximum sign area: nine square feet; portable sign area is in addition to the maximum sign area permitted for the building.

(d)

A seven-foot minimum vertical clearance above the surface of the Boardwalk is required along with a five-foot minimum horizontal clearance where the area must open for access to allow adequate ingress and egress from the establishment.

(e)

An outdoor display area on the adjoining building front is permitted with a maximum height of 10 feet above the surface of the Boardwalk.

(f)

A six-inch maximum projection out from the building is permitted for merchandise hanging on the exterior of the building front, provided the merchandise is under cover as described above. All merchandise must be properly secured so not to be a falling hazard.

(g)

No merchandise or structures/apparatus are to be attached to or hanging on the doors, or hanging from awnings, or hanging from signage. No merchandise is permitted to hang from: roof overhangs, canopies, marquees, open, closed, or retracted security gates, or mechanisms/apparatus of security gates and similar structures. No merchandise is permitted in exterior covered alcoves, vestibules, or exterior foyers within the five-foot-wide clearance access path in and out of the adjoining store.

(h)

The storage of equipment not directly related to the purpose of the display of goods and wares is not permitted on the Boardwalk.

(i)

All business exteriors shall maintain an uncluttered, safe, and clean appearance.

Prior to the placement of any display equipment and/or goods and/or wares on the Boardwalk by an establishment, during the season (March 1 through November 10), under any of the subsections above, the owner or operator of the establishment shall enter into a license agreement with the City of Atlantic City defining the conditions for the use of the area in which said display equipment and/or goods and/or wares are placed. The license agreement shall:

Reference the requirements in the applicable subsection and include a description of the types of display equipment and/or goods and/or wares and other fixtures to be proposed in the licensed area and, notwithstanding the provisions of this section, the time period in which those items may be present and the manner in which they may be fixed on and to the Boardwalk.

Include insurance and indemnification requirements at least as protective to the City as those enumerated in § 222-26.1C(20).

Require annual review by the Director of Planning, or other Mayor designee, and the Mayor shall be authorized to execute any renewal on behalf of the City.

Be revocable by the Mayor or Council upon 30 days' notice to the licensee or immediately upon the breach of the agreement by the licensee.

Require an annual seasonal fee to be paid to the City in an amount equal to $5 per linear foot of license area on the Boardwalk frontage along the property licensed.