As used in this article, the following terms
shall have the meanings indicated:
SEASONAL BASIS
The period between April 1 and November 30 in any given year.
There shall be no outdoor food and beverage
service of any kind within the Borough within an area of 30 feet back
from the curb of any street within the Borough, with the following
exception:
A. Outdoor food and beverage service along Grand Central
Avenue. Holders of retail food establishment licenses whose businesses
are operated on Grand Central Avenue may provide outdoor sidewalk
seating on a seasonal basis in accordance with the provisions of this
article.
B. The standards for outdoor sidewalk seating shall be
as follows:
(1) Tables and chairs may only occupy the area directly
in front of that portion of the retail food establishment along Grand
Central Avenue, including the front portion of adjacent property with
permission by the owner of the adjacent property. Outdoor sidewalk
seating is permitted along a side street adjacent to the premises
and property only where the retail food establishment license holder
is located.
[Amended 4-18-2022 by Ord. No. 2022-03 (1221)]
(2) Tables and chairs shall not be permitted within 15
feet from the curbline. Tables and chairs shall not be permitted beyond
the property lines of the premises and property where the retail food
establishment license holder is located.
[Amended 4-18-2022 by Ord. No. 2022-03 (1221)]
(3) Sufficient receptacles for trash and recyclable material
must be provided in the outdoor sidewalk seating area.
(4) Temporary markings, such as plants, ropes, stanchions
or decorative fencing, must be placed at the fifteen-foot setback
area to outline the outdoor sidewalk seating.
(5) The outdoor sidewalk seating area must be kept free
of all refuse.
(6) Table service by food servers is permitted in the
outdoor sidewalk seating area, but no food server station is permitted
outside the confines of the building of the retail food service establishment.
(7) Alcoholic beverages shall not be served or consumed
in the outdoor sidewalk seating area, unless this outdoor seating
area is included within the licensed premises of an establishment
holding a plenary retail consumption liquor license. Additionally,
any such licensed premises shall still be required to comply with
all their other requirements of this article.
C. Outdoor sidewalk seating shall require the holder
of the retail food establishment license to apply to the Borough for
a zoning permit annually. A fee of $75 shall be paid to the Borough
with each application. The application for said zoning permit shall
set forth the following information:
[Amended 2-9-2009 by Ord. No. 2009-01 (1054)]
(1) The site plan showing the area in front of the building
of the licensed retail food establishment.
(2) The number of tables and chairs and their proposed
placement in the outdoor sidewalk area.
(3) Number of receptacles for trash.
D. Issuance of permit. The Zoning Officer shall issue a permit for outdoor sidewalk seating upon payment of the permit fee of $75 and submission of a zoning permit application complete with the criteria set forth in §
50-5C(1) to
(3).
[Amended 2-9-2009 by Ord. No. 2009-01 (1054)]