Point Pleasant Beach
City Zoning Code
City Zoning Code
§ 19-11.19-4
Outdoor Space Permit.
[Added 3-4-2025 by Ord. No. 2025-06]
a.
Pursuant to N.J.S.A. 40:55D-166, 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 seeking to utilize, for purposes other than selling alcoholic beverages, outdoor spaces as an extension of their business by filing an application with the Borough Zoning Officer.
b.
The application to the Borough Zoning Officer pursuant to this section shall include:
1.
A plan, sketch, picture, or drawing that depicts the design, dimensional boundaries, and placement of tents, canopies, umbrellas, tables, chairs, 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. 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 seventy-five (75%) percent 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.
3.
Proof of written consent of the owner of the premises, if other than the applicant, which shall include evidence of a properly issued Outdoor Sidewalk Cafe License pursuant to Section 5-18 to the extent the premises includes a Public sidewalk;
4.
An insurance certificate naming the Borough as an additional insured, with general liability on an occurrence with a limit of liability of at least $1,000,000, with respect to losses arising solely from the operation of the outdoor dining facility; and
5.
An indemnification agreement with the Borough with respect to losses arising solely from the operation of the outdoor dining facility.
c.
The Borough Zoning Officer shall issue an approval to the applicant within fifteen business (15) days of the application being submitted and deemed complete, provided that the applicant meets and abides by all qualifications and requirements of P.L. 2024, c. 95, except that the Borough 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.
d.
An application under this section shall not be considered an application for a variance under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
e.
The Borough may deny, revoke, or temporarily suspend the permit of any applicant or permittee that violates, or is not in compliance with, any provision of P.L. 2024, c. 95, 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 under the jurisdiction of the Director 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 of alcoholic beverages under its jurisdiction.
f.
An appeal to any approval, denial, revocation, or suspension may be filed through the Clerk to the Borough Council. The Borough Council shall conduct a hearing and render a decision within thirty (30) days of the filing of the appeal. At the Borough Council's discretion, it may designate by resolution a Borough official or attorney licensed in the State of New Jersey to serve as a hearing officer in place of the Borough Council for the purpose of conducting said hearing and rendering said decision.
g.
A permit issued pursuant to this section to a restaurant without an alcoholic beverage retail license shall be subject to annual renewal.
h.
An application pursuant to this section that has been approved for a holder of an alcoholic beverage manufacture license or retail consumption license shall have the endorsement submitted to the Director.