[HISTORY: Adopted by the City Council of the City of Brigantine 8-15-2001
by Ord. No. 16-2001. Amendments noted where applicable.]
Each and every business establishment which wishes to sell food items
at an outdoor cafe pursuant to the terms and conditions of this chapter must
apply to the City Manager or its designee for a permit to so conduct said
business.
Any and all applicants seeking to obtain a permit pursuant to this chapter
must submit plans which are drawn to scale indicating the proposed layout
and design of any usage. Said plans shall be submitted to the City Manager
or his designee, and no permits shall be issued pursuant to this chapter until
said plans are approved by said City Manager or his designee. All plans must
show the location of any and all tables, chairs, awnings, plants or any other
temporary pieces of equipment or other accessories which are to be placed
outside of the applicant's business establishment pursuant to the terms and
conditions of this chapter.
If any permits are issued pursuant to this chapter, the same shall be
issued strictly for the business currently being engaged in by the applicant.
The permits shall not permit any additional use of any kind or nature different
from the business already engaged in by said applicant.
The only business establishments who shall be granted permits pursuant
to this chapter are those whose primary business is the sale of food prepared
on site for service to customers.
Each and every applicant issued a permit pursuant to this chapter agrees
and understands that they must leave an area of clear and open space the entire
length of their property from the curbline toward their business establishment
which is 10 feet wide. This area is specifically reserved for the passage
of pedestrian traffic, and all applicants issued a permit pursuant to this
chapter will take all steps necessary to ensure the safe and clear passage
of any and all pedestrian traffic by their respective properties.
All applicants issued a permit pursuant to this chapter understand and
agree that any tables, chairs, awnings, plants or any other temporary pieces
of equipment or accessories placed outside their business establishments shall
not be placed beyond their property line so as to infringe on the property
of an adjoining property owner.
Each applicant issued a permit pursuant to this chapter is responsible
for keeping their area of operation in a clean, neat and orderly fashion.
All tables of food establishments must be bussed in an expeditious fashion
and trash containers must be located in such a fashion as to prevent the blowing
or accumulation of trash and other debris. All applicants who receive a permit
pursuant to this chapter are encouraged to sweep or "hose down" the outside
of their business establishments either prior to the opening of business on
any particular day or subsequent to the close of business on any particular
day.
No applicant issued a permit pursuant to this chapter will take any
actions or place any obstacle that would prevent the normal flow of rainwater
into the appropriate storm drainage system near their respective business
establishment.
A.
Each applicant issued a permit pursuant to this chapter
must supply a certificate of general comprehensive liability insurance to
the City of Brigantine as part of the application process showing adequate
insurance as determined by the City Manager or his designee but in any event
no less than $1,000,000 for bodily injury or death to any one person and $25,000
property damage for any one accident or occurrence.
B.
The City of Brigantine must be added to said liability
insurance policy as an additional insured. The policy or policies of insurance
must be with a company or companies authorized to do business in the State
of New Jersey, and evidence of payment of premiums shall be shown prior to
the issuance of any permit pursuant to this chapter.
Each applicant receiving a permit pursuant to this chapter must also
agree to save, hold and keep harmless and indemnify the City of Brigantine
from and for any and all payments, expenses, costs, attorneys' fees and from
any and all claims and liability of any and all nature for bodily injury,
damage to property or any other losses occasioned wholly or in part by or
resulting from any acts or omissions to act by the applicant or any of the
applicant's agents, guests, licensees, invitees, assignees, or successors
or for any cause or reason whatsoever arising out of or by reason of the use
of the permit issued pursuant to this chapter and the conduct of said applicant's
business within the outdoor areas described in this chapter. Any application
made pursuant to the terms of this chapter shall be deemed conclusive evidence
of the applicant's agreement to indemnify the City as mentioned hereinabove
in this chapter.
No additional signs or advertisement shall be permitted by this chapter
unless approval for the same is obtained pursuant to the appropriate laws
and resolutions governing the City of Brigantine.
The allowance of the conduct of business in outdoor areas pursuant to
the terms and conditions of this chapter shall be permitted as of Memorial
Day weekend and shall extend until the conclusion of Columbus Day weekend.
No applicant pursuant to this chapter may conduct sales of food at the
outdoor cafes established pursuant to this chapter except when said establishment
is open for business.
All applicants for permit pursuant to this chapter must continue to
comply with any and all requirements of the Atlantic County Board of Health,
the ordinances of the City of Brigantine, the laws of the State of New Jersey
and any and all other rules, regulations and statutes.
Any food or drink to be sold for consumption at the outdoor cafes established
pursuant to this chapter may not be sold at any temporary or permanent area
which is located outdoors. Any such food and drink shall either be purchased
inside of the business establishment by the customer then brought to the outdoor
cafe or ordered inside of the business establishment and brought to the outdoor
cafe by a waiter or waitress.
Each table placed outdoors pursuant to this chapter must be covered
by an umbrella which can be placed inside of or otherwise securely fastened
to said table.
All chairs and tables with umbrellas placed outdoors pursuant to this
chapter must be uniform and in conformity as far as size, shape and color
with other chairs and tables with umbrellas located within the area.
Each business establishment creating an outdoor cafe pursuant to this
chapter shall at all times maintain a four-foot-wide space for ingress and
egress of patrons which extends from the curbline up to and through the front
door of said business establishment.
Any person or entity violating the terms and provisions of this chapter
or any extension hereof shall be subject to a fine not to exceed $1,000 or
up to 90 days in jail, all in the discretion of the Municipal Court Judge.
