[HISTORY: Adopted by the Mayor and Council of the Borough of Red Bank 3-12-2026 by Ord. No. 2026-05. Amendments noted where applicable.]
A. 
Temporary outdoor business extension may be established incidentally with the operation of a properly licensed business as an ancillary use in a zoning district that permits the business, provided that issuance of a permit shall not be construed or interpreted to convey any property rights or any estate in land to any person or business.
B. 
Permits are non-transferable. Applicants located within the Special Improvement District should consult with the Special Improvement District of Red Bank, Inc., prior to submitting any application. Failure to comply with any conditions set forth in any ordinance or resolution of the Borough may result in revocation of the permit.
C. 
Permits for sidewalk cafes shall be effective from April 1 through March 31 of the following year.
D. 
Permits for all other outdoor business extensions, whether within a pedestrian mall or on a public street, parking space, or other public grounds, shall be effective from the Monday following the second Sunday in May until September 30 on an annual basis.
A. 
All applications for an outdoor business extension permit shall be made to the Borough Clerk upon such forms to be provided by the Borough. The permit application shall include a plan showing the location of the outdoor premises the applicant is seeking permission to occupy in relation to the surrounding buildings, streets, and sidewalks, along with the location of all furnishings to be placed in the area. The diagram shall identify the perimeter area, the dimensions of the area, the distance from perimeter to curb or nearest obstacle, number and placement of furnishings, and the design and materials of the required divider. The plan shall also include but not be limited to confirmation of the number of existing, approved tables/seats, a depiction of all aisles, routes of ingress and egress, clearances/distances between tables, an illustration, rendering, and/or photograph of all proposed furniture, umbrellas, and trash receptacles, etc. If applicable, the application shall also include a brief written narrative describing the proposed method of serving food and beverages in the newly proposed areas.
B. 
Upon submission of a completed application with the appropriate fee, the Borough Clerk shall forward said application for investigation and review to:
(1) 
The Special Improvement District of Red Bank, Inc., if the property is located within the Special Improvement District, which shall review the application with regard to aesthetics, safety and other similar goals. The Special Improvement District shall make a report, in writing, within 15 days of referral of the application. If the Borough does not receive the written report and recommendation from the Special Improvement District within said 15-day period, it will be deemed that the Special Improvement District recommends approval or has no comment as to the proposed outdoor business extension permit.
(2) 
The Code Enforcement Office, which shall review the application and make a report and recommendation to the Borough Manager.
(3) 
The Fire Marshal, which shall review the application and make a report and recommendation to the Borough Manager.
(4) 
The Police Department, which shall review the application and make a report and recommendation to the Borough Manager.
C. 
The Borough Manager will review the reports and recommendations from the Code Enforcement Office, Fire Marshal, Police Department, and, if any, the report and recommendation from the Special Improvement District. The Borough Manager shall issue or deny the permit in his or her sole discretion. The Borough Manager shall take into consideration the location, potential interference with pedestrian or vehicular traffic, appropriateness of design, the business record of the applicant, any proposed public safety, health and welfare considerations.
A. 
Annual sidewalk cafe permit fee. The annual application fee for a sidewalk cafe shall be $100, which fee shall be submitted with said application. Should an application be approved by the Borough Manager, then the applicant shall also pay an annual licensing fee in the amount of $2 per square foot of sidewalk utilized for said sidewalk cafe. Any changes in plans shall require a new application and fee. No sidewalk cafe application will be accepted if there remains an outstanding balance on the applicant's previous year's permit fees.
B. 
Seasonal outdoor business extension permit fee. The annual application fee for an outdoor business extension permit within a pedestrian mall or on a public street, parking space, or other public grounds shall be $100, which fee shall be submitted with said application. Should an application be approved by the Borough Manager, then the applicant shall also pay an annual licensing fee in the amount of $1.25 per square foot of public street, parking space, or other public grounds utilized for said outdoor business extension. Any changes in plans shall require a new application and fee. No outdoor business extension application will be accepted if there remains an outstanding balance on the applicant's previous year's permit fees.
A. 
Limitations on area. In no event shall the uses permitted by issuance of permit reduce the portion of any sidewalk customarily used by pedestrians to less than five feet in width. Nothing will be placed within five feet of a fire hydrant, pedestrian crosswalk, or handicapped corner curb cut. The outdoor seating area of the premises may only extend the width of the storefront, unless authorized by the adjacent property owner and business owner. No chairs, tables, or other furnishings shall be located, whether in use or not, within three feet of any curb.
B. 
Electrical/heating appliances. No auxiliary or temporary electrical or heating appliances, devices, or systems shall be utilized or installed for outdoor use unless such devices, appliances, or systems and their use have been installed and approved in accordance with the provisions of the Uniform Construction Code and/or the Uniform Fire Code.
C. 
Operation. All holders of a permit may begin food and beverage sales/service in the outdoor premises area at 7:00 a.m. and must conclude all food and beverage sales/service in the area and clear the area no later than 10:00 p.m. or 12:00 a.m. on Fridays, Saturdays and night before a legal holiday. Such permitted area shall be used for business purposes only during the hours specified herein, and neither before nor after such hours. Outdoor premises may be ordered closed at any time by the Borough, for any reason including, but not limited to, construction, maintenance, public health, safety or welfare, emergencies, public parades, and special events.
D. 
Americans with Disabilities Act. Any person receiving a permit hereunder agrees to fully comply with all requirements of the Americans with Disabilities Act as currently existing or as may be hereafter amended.
E. 
Divider. For outdoor premises located on public sidewalks, the area shall be separated from the remaining sidewalk by non-permanent barriers that can be disassembled and removed if necessary. This barrier should be of a simple post and chain construction, with posts of 33 to 36 inches in height above the surface of the sidewalk. Posts should be spaced no more than four feet apart. The design of the divider must be included in the permit application and shown on the diagram. All tables, chairs, and other furnishings shall be located within the limits of the divider.
F. 
Health and sanitation. The business shall keep the area clean, neat, and orderly at all times. The business is responsible for removing all debris and trash from the outdoor premises at all times. Any refuse or trash containers placed upon the sidewalk by the permittee must be emptied daily. The permittee's refuse or trash shall not be placed into a Borough sidewalk refuse or trash container. All food and beverages may be served only in/on a container/dish made of a product that does not easily shatter or break. Glass containers/dishes are prohibited. Tables shall be cleared of all moveable items such as dishes, condiments, and other service items when not occupied. The permittee shall comply with all health and sanitation regulations. Food establishments must be current with kitchen hood cleaning and hood suppression inspections. Applicants must submit a Litter Control Plan, which shall include a description of the number and location of trash receptacles proposed to service the outdoor dining area, and the frequency with which the outdoor dining area will be policed for litter in order to control the accumulation of trash/recycling.
G. 
Furnishings. Furnishings shall not be secured to lamp posts, streetlights, trees, or any public fixtures. All furnishing shall be removed from the permitted premises from time to time as required by the Borough. Should a severe storm warning be issued, all outdoor furniture shall be removed from the outdoor premises. At closing each day/evening all items used for seating, to include umbrellas, chairs, tables, stations, etc., within the outdoor premises shall be removed or positioned as close as possible to the building until the next day's use. The permittee assumes all responsibility for any personal property left upon the sidewalk. The Borough is not responsible for any items left outside of the business premises. Furnishings shall be removed during snow fall and when sidewalks are snow-covered to facilitate snow removal.
(1) 
Tables and chairs. Tables and chairs shall match and be made of safe, sturdy, and durable material. All furniture shall be commercial grade and manufactured for outdoor use. White plastic or PVC furniture shall be prohibited.
(2) 
Umbrellas. Each table may be equipped with one umbrella and shall be maintained in good, clean, and operable condition. Table umbrellas shall have no signs or advertisements on them, be completely contained within the outdoor area, even when fully extended, and shall maintain a clearance of not less than seven feet for the fabric and not less than eight feet for any frame or rigid material. All umbrellas must have a mobile base.
(3) 
Signs. Any signs must be kept within the outdoor premises and are subject to sign permit approval. All such signs must comply with Borough code.
(4) 
Equipment. All kitchen equipment and refuse containers used to service the outdoor premises shall be located inside the primary business.
H. 
Alcohol. Only a properly permitted business, which holds a valid alcohol license for consumption on the premises, or with an extension of premises license, from the NJ Division of Alcoholic Beverage Control, may serve alcohol to customers in the outdoor premises, subject to the following restrictions:
(1) 
Alcohol may only be served in the outdoor premises during the hours allowed under the Borough's ordinance for service.[1]
[1]
Editor's Note: See Ch. 219, Alcoholic Beverages.
(2) 
Patrons may not be in possession of more than one alcoholic beverage.
(3) 
Patrons may not remove alcohol from the premises. The area enclosed for the outdoor premises shall be considered part of the premises for the purposes of consumption of alcoholic beverages.
I. 
Smoking. Patrons shall not be allowed to smoke within the outdoor premises.
J. 
Sound. Music, live or recorded, or other amplified sound shall be allowed within the outdoor premises, provided it does not violate the Borough's ordinances related to noise.[2]
[2]
Editor's Note: See Ch. 450, Noise.
Any person violating any of the provisions of this chapter shall, upon conviction, be subject to the penalties provided in Chapter 1, General Provisions, Article II, General Penalty.
Except as specifically provided herein, all other provisions of the Borough's Revised General Ordinances remain fully applicable to the outdoor business operations permitted by this chapter.