[HISTORY: Adopted by the Board of Commissioners of the City
of Margate City 5-16-2013 by Ord. No. 11-2013. Amendments noted
where applicable.]
The purpose of this chapter is to permit daytime and early evening
outdoor dining on private property and sidewalks adjacent to local
food establishments, restaurants and bars for the enjoyment of patrons
without disturbing the immediate neighborhood or pedestrian traffic.
It is intended to permit the tasteful, aesthetic use of tables and
chairs on adjacent property and sidewalks of local food establishments,
restaurants and bars under the direction and approval of the Margate
City Code Enforcement Department. It is the intention of the Commissioners
of the City of Margate to monitor and review the use of these facilities
after the adoption of this chapter to determine its full impact upon
the City and the enjoyment of its citizens.
This chapter applies to all food establishments, restaurants
and bars in the City of Margate City.
A.
Outdoor tables and chairs shall be permitted within the property
commonly owned and adjacent to the food establishment and service
thereto for the patrons, provided:
(1)
The design of the tables and chairs is aesthetically pleasing and
complementary to the surrounding architecture.
(2)
The layout of tables and chairs does not in any way interfere with
pedestrian or vehicular safety, or with necessary access for firefighting
equipment and ambulances or personnel.
(3)
The layout shall not cause irreparable damage to existing landscaping.
(4)
No alcoholic beverages of any kind shall be served or consumed in
conjunction with the outdoor dining on public sidewalks. No alcoholic
beverages brought to the establishment by patrons or other persons
shall be served or consumed at the outside facility on public sidewalks.
A placard shall be affixed to each outside table at all times stating:
"Consumption or service of alcoholic beverages of any kind is prohibited
at the outdoor facility on public sidewalks by City ordinance."
(5)
The highest standards of cleanliness of the outdoor area are to be
maintained at all times, including frequent litter removal, within
and around and beyond the subject property. A plan for litter removal,
trash handling, and overall cleanliness and maintenance must be submitted
together with the application.
(6)
The hours for outdoor service shall be between 7:00 a.m. and 10:00
p.m. All tables, chairs and equipment shall be removed and placed
securely indoors no later than 10:30 p.m.
(7)
No outdoor music or public address system shall be permitted.
(8)
No outside lighting shall be permitted except small individual table
lighting that is self-powered.
(9)
Outdoor seating shall not be permitted if it will interfere in any
way with the peace and quietude of nearby residences.
(10)
Low barriers of a temporary nature may be placed at the edge
of the seating area during business hours so long as there is no interference
with public safety or pedestrian movement patterns.
(11)
No outside cooking of any kind shall be permitted.
B.
Outdoor tables and chairs on the public sidewalk, directly in front
of or adjacent to the food establishment, and service thereon to patrons
shall be permitted, provided:
(2)
The table and chair layout (and low barrier) shall be so arranged
that considering patrons are sitting in all chairs, there is an unobstructed
passageway for pedestrians of no less than six feet between the seating
area and the edge of the curb, or between the seating area and news
boxes, trees, poles or other sidewalk installations.
A.
Any establishment for which this chapter is applicable must make
application to the Code Enforcement Office and receive approval from
the office prior to setting up any outside services, tables or chairs.
The application must be renewed annually. The application shall be
on prescribed forms and shall be filled out completely and submitted
with the following attachments and exhibits, in triplicate:
(1)
Scaled layout of tables and chairs, and low barrier if proposed,
showing dimensions of tables, chairs and overall area, as related
to building façade, sidewalk, existing poles, news boxes, trees
or other sidewalk installations.
(2)
A detailed narrative and plan of relevant information, describing
method of service, proposed hours of service outdoors and method of
litter control and trash handling for outdoor service.
(3)
Photographs or diagrams of tables, chairs, etc., to be utilized,
showing style, design, materials, size and colors.
(4)
Evidence regarding where tables and chairs, etc., will be stored
indoors after 10:30 p.m.
(5)
Landscaping layout insofar as landscaping relates to table and chair
arrangement.
B.
The Code Enforcement Office may approve each application as submitted,
or may approve the application with amendments and conditions, or
may disapprove an application. Appeal of any disapproval, conditional
approval, or amended approval may be made to the Margate City Planning
Board by the standard Planning Board application process.
C.
In processing applications, the Code Enforcement Office shall confer
as it deems necessary with the Building Department, Police and Fire
Departments, Zoning and Planning Departments, Staff Committee, and
City Clerk and/or City Engineer and shall use as criteria for decision-making
the following parameters:
D.
Any potential interference with police or firesafety access.
The applicant must have liability insurance in effect at the
time of the application. If the restaurant operator is not the property
owner, then the property owner must likewise have insurance in effect
at the time of application by the restaurant operator. The City of
Margate City must be named as an additional insured on the operator's
policy as well as on the property owner's policy. The limits
of liability required are a minimum of $500,000 combined single limit
bodily injury and property damage or a split limit of $500,000 bodily
injury liability and $100,000 property damage liability. In addition,
the County of Atlantic requires an additional certificate of insurance
indemnifying the county as well as a hold-harmless agreement.
A.
Applicable establishments as set forth in § 203-3 are permitted to place benches for patrons awaiting seating, so long as an application as set forth above is submitted and all other parameters of this chapter are satisfied.
B.
It is solely the responsibility of the proprietor of the establishment
to obtain Board of Health approval, if necessary, from the County
Health Department.
C.
It shall not be necessary to modify the mercantile license as part
of the approval process.
D.
Outdoor tables shall not in any way interfere with or reduce the
amount of legally required off-street parking for the establishment.
E.
An amendatory application is permitted, but changes to the approved
plan shall not be permitted without receiving approval of an amended
application.
F.
There shall be no fee required for making application herein.
The violation of the prohibition against the sale and consumption
of alcohol beverages by the proprietor or patrons or the violation
of any other provision of this chapter shall result in a written warning
and a meeting with the Code Enforcement Department regarding compliance
with this chapter. A second violation of the prohibition against the
sale or consumption of alcoholic beverages on the premises, or a second
violation of any other provision of this chapter will result in an
immediate termination of the City's approval and of the outdoor
and sidewalk dining, and/or penalties up to the sum of $1,000.
