[HISTORY:[1] Adopted by the Board of Commissioners of the City of Ventnor City 7-10-2025 by Ord. No. 2025-18.[2] Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 161, Oil-Burning Equipment, adopted by the Common Council (now Board of Commissioners) of the City of Ventnor City 4-8-1968 by Ord. No. 4-1968, as amended 6-4-1979 by Ord. No. 7904, 2-2-1989 by Ord. No. 8903, and 1-9-1997 by Ord. No. 9616, was repealed 4-28-2022 by Ord. No. 2022-004.
[2]
Editor's Note: This ordinance was specified to be added as Chapter 198 but was renumbered to maintain the organization of the Code.
A. 
P.L. 2024, c. 95, codified at N.J.S.A. 40:55D-164, et seq., permanently sanctions outdoor dining for restaurants and certain alcoholic beverage retailers and manufacturers, including the use of public rights-of-way (sidewalks).
B. 
The City seeks to update its ordinances regarding outdoor dining and expansion permits to comport with the law, support local establishments, and allow for it to exercise its oversight and discretion to the maximum extent afforded under the law to protect the health, safety, and welfare of the public.
A. 
No outdoor food or beverage service shall be permitted without the issuance of a premises expansion permit pursuant to the regulations set forth herein and in N.J.S.A. 40:55D-164, et seq., as amended. The premises expansion permit is valid for one year and shall require annual renewal.
B. 
The owner or operator of a restaurant that does not sell alcoholic beverages and the holder of an alcoholic beverage manufacturer license or retail consumption license who held a temporary permit issued by the municipality prior to the effective date of N.J.S.A. 40:55D-164 (November 26, 2024) shall be entitled to convert the permit to a premises expansion permit to be used in 2025 for purposes other than selling alcoholic beverages in such spaces as authorized by the statute and this chapter, provided that there are no changes to the outdoor space previously approved and the documents required by this chapter are on file with the City. In the event the documents required by § 161-4 are not on file, such documents must be provided to the City, but there shall be no fee for 2025. Beginning in 2026, the applications must be filed annually and subject to review and approval.
A. 
All holders of alcoholic beverage manufacturer licenses or retail consumption licenses shall be required to file an application for a premises expansion permit with the Director of the Division of Alcoholic Beverage Control pursuant to N.J.S.A. 40:55D-165 to serve alcoholic beverages in outdoor space. The Director may not approve or deny such an application until it receives endorsement or approval from the City. If the City approves the application, the Borough shall submit its endorsement to the Director of the Division of Alcoholic Beverage Control pursuant to N.J.S.A. 40:55D-165.
B. 
All holders of alcoholic beverage manufacturer licenses or retail consumption licenses and the owners of all restaurants and establishments seeking to sell food in outdoor space as an extension of their business premises shall file an application for a premises expansion permit with the Zoning Officer. The application shall include the following:
(1) 
A plan, sketch, picture, or drawing that depicts the design, dimensional boundaries, and placement of tents, canopies, umbrellas, tables, chairs, lighting, and other fixtures of the outdoor spaces.
(2) 
A plan for the control of litter, the removal and storage of garbage, and the cleaning of fixtures and grounds.
(3) 
Written consent of the owner of the premises, if other than the applicant.
(4) 
An executed indemnification agreement required by the City with respect to losses arising solely from the operation of the outdoor dining facility.
(5) 
An insurance certificate naming the City as an additional insured, with general liability on an occurrence with a limit of liability of $1,000,000, with respect to losses arising solely from the operation of the outdoor dining facility.
C. 
The Zoning Officer shall issue an approval to the applicant within 15 business days of the application being submitted and deemed complete provided that the applicant meets and abides by all qualifications and requirements of N.J.S.A. 40:55D-164, with the exception that the Zoning Officer may deny an application based on current violations of any other health, safety, fire, permitted use, or zoning regulation, or upon any applicable law permitting the denial of a zoning permit.
A. 
All permits issued shall be subject to annual renewal. All permits shall expire on December 31 of each calendar year.
B. 
The City may deny, revoke, or temporarily suspend the permit of any applicant or permittee that violates, or is not in compliance with, any provision of N.J.S.A. 40:55D-164, et seq., or any provision of a law, ordinance, or regulation related to health, safety, fire, permitted use, zoning, or the consumption or control of alcoholic beverages not otherwise permitted under the jurisdiction of the Division of Alcoholic Beverage Control and may also deny, revoke, or temporarily suspend the permit of any applicant or permittee based on any action taken against the applicant or permittee by the Division of Alcoholic Beverage Control related to the Division's enforcement of any law or regulation related to the consumption or control of alcoholic beverages under its jurisdiction.
C. 
An appeal of any approval, denial, revocation, or suspension may be filed through the Municipal Clerk with the Mayor and Commissioners. The Mayor and Commissioners or its designee shall conduct a hearing and render a decision within 30 days of the filing of the appeal. The Mayor and Commissioners may designate a municipal official or an attorney licensed in the State of New Jersey to serve as a hearing officer in place of the governing body for the purpose of conducting said hearing and rendering said decision.
Pursuant to N.J.S.A. 40:55D-164, et seq., if a business premises' parking lot is used for the service and sale of either food or beverages, or both, the owner or operator of a restaurant that does not sell alcoholic beverages and the holder of an alcoholic beverage manufacturer license or retail consumption license shall not encumber more than 75% of the lot's total parking spaces for service and sale, unless the parking lot contains less than eight parking spaces, and shall maintain at least one handicapped parking space in the parking lot.
A. 
All proposed outdoor space shall be accessible from the establishment and shall not obstruct the free flow of and shall not obstruct pedestrian traffic and shall be proposed in a manner that protects the public health, welfare, and safety.
B. 
All outdoor space shall be limited to the service of food and beverages, as authorized by law, alone. No outdoor cooking or food preparation is permitted. Serving stations and a host podium may be located within the outdoor space.
C. 
The installation and continuous use of tents, canopies, umbrellas, tables, chairs, and other fixtures on private property or public property or right-of-way designated by the Borough shall be a permitted use provided that the tent, canopy, umbrella, table, chairs, or other fixture conforms to all applicable provisions of the State Uniform Construction Code, Uniform Fire Code, and Borough Code.
D. 
A public sidewalk or an outdoor space, including pedestrian walkways and pedestrian malls, which is subject to a premises expansion permit and is contiguous to the establishment and located within the property lines of the subject property, shall be considered a portion of the premises that is open to the public for the purposes of this chapter.
E. 
No public sidewalk or rights-of-way controlled by the City shall be approved and used for outdoor space unless the proposed area is set forth in the application and reviewed and approved by the Zoning Officer and Chief of Police. The proposed use of such space shall provide sufficient ingress and egress to the public and patrons and ensure the protection of the public health, welfare, and safety. Benches, tables, chairs, seats or stools shall only be permitted adjacent to the outside of the building to a point at least six feet from the curb while maintaining at least three feet being a path of travel for pedestrian movement. Except that, for any establishment located on Atlantic Avenue between Weymouth Avenue and Victoria Avenue that has seating and tables in areas specifically designed for such seating as part of the City's streetscape project, the six-foot distance from the curb shall not apply.
F. 
The outdoor space shall be maintained and free of any and all liter, trash, refuse, and debris in receptacles controlled and/or owned by the establishment.
A. 
This chapter shall be enforced by the Police Department, Zoning Officer, and/or Code Enforcement Officer during the course of ordinary enforcement duties.
B. 
Any person(s) who is found to be in violation of the provisions of this chapter shall be subject to the general penalty provisions of the City Code.
C. 
Any violation of this chapter shall require the establishment to immediately cease and desist from the use of the outdoor space until compliance with this chapter. The owners and lessees of the property shall be liable for any violations of this chapter.
Pursuant to N.J.S.A. 40:55D-168(a), the provisions of this chapter shall not be construed as suspending or modifying any other provision of the City's ordinances, unless they shall be in direct conflict with this chapter, and only in that case, shall this chapter supersede the conflicting language. All other ordinances shall remain in full force and effect and are binding upon the holders of the premises expansion permits.