Borough of Red Bank, NJ
Monmouth County
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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.
[Amended by Ord. No. 1999-5; 3-28-2018 by Ord. No. 2018-08]
Sidewalk cafes and restaurants may be established as an ancillary use to a permitted restaurant, retail food establishment with greater than 7,000 square feet of gross floor area, club or primary liquor service establishment in any zoning district that permits restaurants, retail food establishments, clubs or primary liquor service establishments or has been approved by the Zoning Board for a combination or hybrid of such uses. No person, however, shall establish, maintain, own or operate a sidewalk cafe or restaurant or serve food or 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.
[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 Office of Code Enforcement.
[Amended 12-19-2006 by Ord. No. 2006-55; 3-28-2018 by Ord. No. 2018-08]
(1) 
The Borough Clerk shall forward the application to the Office of Code Enforcement, who shall conduct an investigation and review the data contained in the application. Upon completion of the investigation by the Code Enforcement Officer, he will 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 Code Enforcement Officer, 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.
[Amended 3-28-2018 by Ord. No. 2018-08]
[Amended 12-19-2006 by Ord. No. 2006-55; 3-28-2018 by Ord. No. 2018-08]
Any person submitting an application for a sidewalk cafe or restaurant permit, or extension permit, or renewal thereof, shall submit an annual 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 initial 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. No sidewalk cafe application will be accepted if there remains an outstanding balance on the applicant's previous year's permit fees.
[Amended 12-19-2006 by Ord. No. 2006-55; 3-28-2018 by Ord. No. 2018-08]
A. 
The term of a sidewalk cafe permit shall be one year, beginning April 1 and terminating March 31 of the following year in which the permit is issued. Any sidewalk cafe permit issued after April 1 will expire on March 31 of the following year with no prorating of the fee for part of the year. A permit issued pursuant to this section is subject to the following conditions:
(1) 
Sidewalk cafe furniture shall be removed during snowfall and when sidewalks are snow-covered, to facilitate snow removal.
(2) 
A minimum sixty-inch clear, unobstructed sidewalk path shall be maintained at all times.
(3) 
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.
[Amended 12-19-2006 by Ord. No. 2006-55; 3-28-2018 by Ord. No. 2018-08]
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 of each year, as applicable, and at the discretion of the Mayor and Council.
[Amended 9-28-2016 by Ord. No. 2016-19]
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.
Except as specifically provided herein, the general provisions of Chapter 430, Article I, Business Licenses, are fully applicable to this chapter.