[HISTORY: Adopted by the Mayor and Council
of the Borough of Bradley Beach by Ord. No. 1992-2 (Sec. 5-11 of the 1974 Code). Amendments noted where applicable.]
[Added 8-9-2016 by Ord.
No. 2016-36]
As used in this chapter, the following terms shall have the
meanings indicated:
An area adjacent to a restaurant, bar, market or other commercial
establishment that is intended to be utilized for the purpose of outdoor
dining, including the service of food and/or beverages, and which
is required to be licensed pursuant to this section.
Shall include, but not be limited to, that portion of a public
sidewalk, public right-of-way, which immediately abuts a commercial
establishment.
[Amended by Ord. No. 1992-19; 4-26-2016 by Ord. No.
2016-14; 8-9-2016 by Ord. No. 2016-36]
Outdoor cafes and restaurants may be established as an accessory
use to a permitted restaurant use in any zoning district that permits
restaurants. No person, however, shall establish, maintain, own or
operate any outdoor cafe or restaurant, nor serve food, liquor or
other beverages at tables outdoors on any public street, sidewalk
or alleyway, without first having obtained a license from the Clerk
of the Borough of Bradley Beach. Nothing contained herein shall be
deemed to waive any obligation by the license holder under this chapter
from complying with any applicable ABC or health regulation. A "cafe"
or "restaurant" must meet the requirements for a "retail food establishment"
as defined in Chapter 12 of the State Sanitary Code, and for purposes
of this chapter must meet the following additional requirements:
A.
The establishment shall obtain a satisfactory inspection from the
Board of Health and a mercantile license from the Borough of Bradley
Beach.
B.
The establishment of an outdoor café restaurant pursuant to
this chapter shall not require the owner of said license to acquire
any new and/or additional parking as a result of the grant of said
license and the operation of an outdoor café and restaurant.
[Amended by Ord. No. 1995-01; 8-9-2016 by Ord. No.
2016-36]
A.
Applications for an outdoor cafe or restaurant license shall be made
to the Borough Clerk upon forms provided by the Clerk, and such applications
shall be accompanied by a sketch plat setting forth the specific location
for the proposed outdoor cafe or restaurant.
B.
Once a completed application is received by the Clerk with the appropriate
fee, it shall be forwarded to the Chief of Police who shall take into
consideration the location potential interference with pedestrian
or vehicular traffic, appropriateness of design, the business record
of the applicant and general public safety, health and welfare considerations;
provided, however, that an area not less than four feet wide between
the adjacent building and the adjacent curb shall be maintained at
all times. The area shall be unobstructed by trees, tree wells, light
poles, trash receptacles, sign poles and posts, telephone booths and
similar structures. The pathway shall not meander around. The Chief
of Police shall conduct an investigation, including consultation with
the Fire Prevention Official and Zoning Officer, and the data shall
be contained in the application.
C.
The Police Department and Code Enforcement shall have the right to
impose such restrictions as they may deem appropriate, governing hours
of operation, manner of service, types of awnings and umbrellas, tables
and chairs, and may require the applicant to bring sidewalks into
conformity with Borough requirements. It is a specific condition of
every license or renewal of license issued that the license holder
provide written confirmation to the Borough Clerk that the Borough
has been named as an additional insured on all public liability policies
under which a sidewalk cafe or restaurant shall operate, will operate,
with the limits of such liability policy or policies approved by the
Borough Attorney.
Any person submitting an application for an
outdoor cafe or restaurant license shall submit an application fee
in the amount of $65 with said application. Should an application
be approved by the Mayor and Council of the Borough by resolution
as specified herein, the applicant shall pay a licensing fee in the
amount of $1 per square foot of sidewalk utilized for said outdoor
cafe or restaurant; provided further that applicants seeking renewals
of said licenses shall pay an annual licensing fee in the second and
all subsequent years in the amount of $2 per square foot of outdoor
area utilized for the outdoor cafe or restaurant.
[Amended 3-14-2006 by Ord. No. 2006-8]
Any and all licenses issued pursuant to the
term of this chapter shall permit outdoor cafe operations to begin
no earlier than April 1 of the year in which the license is issued
and expiring no later than December 1 of the same year.
[Added 3-14-2006 by Ord. No. 2006-8]
All street furniture (including tables and chairs)
must be removed from the sidewalk area between December 1 and April
1.
