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Applicants must already have a current Mercantile License on file with the City Clerk’s Office.
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Applicants may be permitted to relocate existing, or locate newly acquired, tables/chairs (seating) or retail displays to other outdoor locations onsite, including the City rights-of-way (sidewalks/ streets) and/or private property, including private parking lots.
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Applicants may be permitted to utilize the public rights-of-way (sidewalks/streets) in front of adjacent properties for outdoor dining and/or outdoor retail sales activities with the express written consent and approval from the adjacent property owner/business, which must be submitted with the application.
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Business establishments that are located in Asbury Park may utilize unreserved space in front of another business for retail purposes provided that the business wishing to provide retail services submit an application along with a letter from the business or property owner with the available space authorizing the use of space in front of the establishment.
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Business establishments located on the Asbury Park Boardwalk may not expand outdoor dining or outdoor retail sales beyond areas previously approved in prior years.
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No seating, outdoor retail displays, signage (including sandwich boards, menu boards etc) or planters/barriers shall encroach on or obstruct the free flow of pedestrian traffic on the pedestrian walkways or any of its approaches.
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Sidewalk cafés will be permitted on sidewalks adjacent to the Pedestrian Mall and in accordance with the municipal sidewalk café rules and regulations and shall maintain a path of at least 5 feet of open sidewalk. Sidewalk cafe fees billed by the Office of the City Clerk must be paid for 2021.
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Seating and/or retail displays may be permitted to be located in the City rights-of-way (sidewalks/streets) provided a minimum 5 feet pedestrian walkway is maintained and provided for the general public, and is subject to applicable ADA requirements. Businesses approved to use City streets for seating and/or retail displays must provide a temporary ADA ramp to connect the street to the sidewalk.
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Seating and outdoor retail sales displays must not obstruct access to Fire Department Connections (FDCs) or fire hydrants.
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The use of umbrellas is permitted.
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The use of pop-up canopies is permitted, provided:
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The establishment removes any pop-up canopies from the street and/or sidewalk no later than 10:00pm every day.
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The dimensions of the pop-up canopy does not exceed 10' x 10'.
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The pop-up canopy is properly secured using weights or other such devices.
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The pop-up canopy is not secured or affixed to the sidewalk, street, or any other public utility asset or object in any way, shape, or form.
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All pop-up canopies are removed from the street and/or sidewalk immediately following notice by the City of Asbury Park due to impending weather conditions, or for any other reason.
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Failure to remove pop-up canopies at 10:00pm or upon the request of the City of Asbury Park shall result in fines and prohibition of future use of pop-up canopies.
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Applicants must provide a drawing depicting the proposed layout and location of seating or retail displays outside of said establishment including a depiction of all aisles, routes of ingress and egress, clearances/distances between tables and between the outside seating area, and the curb-line (as applicable), handicap ramps, planters/barriers, umbrellas, pop-up canopies, etc. Drawings MUST provide exact dimensions of the proposed layout.
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Food and beverage preparation outdoors is prohibited.
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Music in outdoor areas is permitted within the approved boundaries the establishment's dining and/or retail areas between the hours of 12:00pm and 10:00pm each day, provided the music is not amplified in any way.
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Music in common outdoor areas is permitted provided the artist(s) possess a valid Street Performer license issued by the City of Asbury Park or as part of an approval of a Special Events application.
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Approved seating and retail displays may be permitted to be utilized between the hours of 7:00 A.M. and 10:00 P.M each day.
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Applicants must submit a Litter Control Plan, which shall include a description of the number and location of trash receptacles proposed to service the outdoor dining/sales area, and the frequency with which the outdoor dining/sales area will be policed for litter in order to control the accumulation of trash/recycling. All businesses are responsible for disposing of their own waste and for maintaining the cleanliness of any City rights-of-way (sidewalks and streets) approved for use.
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Applicants must provide a security plan detailing how alcoholic beverage services will be regulated. The City Manager reserves the right to require businesses to provide additional security and/or Asbury Park Police Department resources should any issues occur.
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The sale/service of alcoholic beverages in these locations shall be permitted, subject to compliance with any and all applicable ABC regulations/statutes, including but not limited to a COVID-19 Expansion of Premises Permit, and subject to the review and approval of the City Clerk and Chief of Police. Businesses serving alcohol will be required to rope off serving areas as per ABC requirements.