[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.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 110.
Food and beverage vending machines — See Ch. 222.
Retail food establishments — See Ch. 226.
Payment of taxes prior to issuance of licenses and permits — See Ch. 277, Art. I.
Mercantile licenses — See Ch. 303.
Use of polystyrene foam products — See Ch. 357.
[Added 8-9-2016 by Ord. No. 2016-36]
As used in this chapter, the following terms shall have the meanings indicated:
OUTDOOR/SIDEWALK CAFE
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.
PUBLIC AREA
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.
[Amended 2-8-2005 by Ord. No. 2005-2]
Any person violating any of the provisions of this chapter shall, upon conviction, be subject to the penalties provided by Chapter 1, Article II, General Penalty.