Borough of Red Bank, NJ
Monmouth County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Red Bank by Ord. No. 1990-16 (Sec. 4-9 of the 1987 Revised General Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Business licenses — See Ch. 430, Art. I.
Retail food establishments — See Ch. 767.

§ 562-1 License required.

[Amended by Ord. No. 1999-5]
Sidewalk cafes and restaurants may be established as an ancillary use to a permitted restaurant in any zoning district that permits restaurants. No person, however, shall establish, maintain, own or operate a sidewalk cafe or restaurant nor serve food, liquor or other beverages on any public street, sidewalk or alleyway without first having obtained a license from the Clerk of the Borough of Red Bank. It is recommended that applicants, located within the Special Improvement District, consult with the Special Improvement District of Red Bank, Inc., (RiverCenter) prior to submitting any application.

§ 562-2 Application, investigation, issuance or denial.

[Added by Ord. No. 1999-5]
A. 
Application to Borough Clerk. All applications for a sidewalk cafe license shall be made to the Borough Clerk upon forms provided by the Clerk of the Borough.
B. 
Referral of application to the Special Improvement District of Red Bank, Inc. Once a completed application is received by the Clerk with the appropriate fee, it shall be forwarded, if the property is located within the Special Improvement District, to the Special Improvement District of Red Bank, Inc., who 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 by the Borough Clerk. If the Borough Clerk does not receive the written report and recommendation from the Special Improvement District within said fifteen-day period, it will be deemed that the Special Improvement District recommends approval or has no comment as to the proposed license.
C. 
Referral to the Chief of Police.
[Amended 12-19-2006 by Ord. No. 2006-55]
(1) 
The Borough Clerk, upon receipt of the written report from the Special Improvement District, or the expiration of the 15 days, shall forward the application to the Chief of Police, who shall conduct an investigation, including consultation with the Borough's Construction and Fire Code officials, and review the data contained in the application and in the report of the Special Improvement District. Upon completion of the investigation by the Chief of Police, he will make a report and recommendation to the Mayor and Council.
(2) 
If the premises subject to the application are not located within the Special Improvement District, the Borough Clerk shall promptly forward the application to the Chief of Police, who shall conduct an investigation, including consultation with the Borough's Construction and Fire Code Officials, and review the data contained in the application and, thereafter, make a report and recommendation to the Mayor and Council.
D. 
Action by Mayor and Council. The Mayor and Council will review the report of the Chief of Police, the application and the report, if any, of the Special Improvement District. The Mayor and Council shall issue or deny the license as in their unlimited discretion they deem appropriate. The Mayor and Council 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. It is contemplated that no less than five feet of unobstructed sidewalk shall be open and maintained for pedestrians, and that no chairs, tables, or other property shall be located, whether in use or not, within three feet of any curb. Any umbrella or other cover 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. No license shall be issued until a resolution of the Mayor and Council of the Borough authorizing the issuance of a license shall have been adopted.

§ 562-3 Applications fees and licensing fees.

[Amended 12-19-2006 by Ord. No. 2006-55]
Any person submitting an application for a sidewalk cafe or restaurant permit, extension permit, or renewal thereof, shall submit an application fee in the amount of $100 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 an annual licensing fee in the amount of $2 per square foot of sidewalk utilized for said sidewalk cafe or restaurant per permit or permit extension. Applicants seeking renewals of said licenses or permit extensions shall pay an annual licensing fee in the second and all subsequent years in the amount of $4 per square foot of sidewalk area utilized for the sidewalk cafe or restaurant. Any changes in plans shall require a new application and fee.

§ 562-4 Season.

A. 
Any and all licenses issued pursuant to the terms of this chapter shall permit sidewalk cafe operations to begin no earlier than April 1. Any and all sidewalk cafe operations so established shall terminate no later than November 1 of the year in which the permit is issued.
B. 
A permit issued pursuant to this section may be extended for the period November 1 through March 31, subject to the following conditions:
[Added 12-19-2006 by Ord. No. 2006-55]
(1) 
A separate application shall be submitted accompanied by the appropriate fee pursuant to § 562-3 of this chapter.
(2) 
Sidewalk cafe furniture shall be removed during snow fall and when sidewalks are snow-covered to facilitate snow removal.
(3) 
A minimum sixty-inch clear, unobstructed sidewalk path shall be maintained at all times.
(4) 
No auxiliary or temporary heating appliances, devices, or systems shall be utilized or installed for outdoor cafe 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.

§ 562-5 Annual renewal.

[Amended 12-19-2006 by Ord. No. 2006-55]
Any license for a sidewalk cafe permit and/or any permit extension issued pursuant to the terms of this chapter shall be renewed annually before April 1 and November 1 of each year, as applicable, and at the discretion of the Mayor and Council.

§ 562-6 Violations and penalties. [1]

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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).

§ 562-7 Applicability of other provisions.

Except as specifically provided herein, the general provisions of Chapter 430, Article I, Business Licenses, are fully applicable to this chapter.