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City of Asbury Park

info@cityofasburypark.com

1 Municipal Plaza , Asbury Park , NJ, 07712 , US

732-775-2100

2021 OUTDOOR DINING AND OUTDOOR RETAIL SALES TEMPORARY PERMIT APPLICATION

PER RESOLUTION 2021-156
Adopted by Asbury Park City Council on 3/24/2021

 

  • NJ Bill S3340 extends NJ ABC’s SR 2020-10 permitting and outlining requirements for serving alcohol in expanded areas through 10/30/22, as well as allowing dining and retail establishments to expand operations into the public right-of-way. City Council has created a 2021 Outdoor Dining and Outdoor Retail Sales Temporary Permit to allow for outdoor dining and outdoor retail sales activities to assist in the reduction of capacity and social distancing requirements per the Governor’s orders and in accordance with NJ Bill S3340.

  • Any business establishment that wishes to participate in outdoor dining or outdoor retail sales activities must have a 2021 Outdoor Dining and Outdoor Retail Sales Temporary Permit.

  • To obtain a 2021 Outdoor Dining and Outdoor Retail Sales Temporary Permit, fill out this application and submit all required supporting documents as outlined below. Applications missing documentation will be considered incomplete and may be delayed.

  • Permits will be valid until November 29, 2021.

  • Applicants must already have a current Mercantile License on file with the City Clerk’s Office.

  • Once the application is submitted, the City Clerk’s Office will seek needed approvals from the Fire and Zoning Departments.

  • Once the application has been approved, a confirmation will be emailed to the applicant.

  • For 2021, all square footage cafe license fees have been assessed. Any expansion of dining and retail space into the public rights-of-way (i.e. into the street) beyond the amount that has been invoiced will be at no charge to the business.

  • The City’s Code Enforcement Department will regularly inspect the outdoor right-of-way usage to ensure compliance with the approved application.

  • Monmouth County Health Department will be conducting inspections as it relates to requirements outlined by the Executive Order in satisfying Department of Health standards. (https://www.nj.gov/health/legal/covid19/6-3-20_ExecutiveDirectiveNo20-014_OutdoorDining.pdf)

  • ABC created the new COVID-19 Expansion Permit to address the anticipated need of licensees to expand their premises to allow reasonable seating capacity while observing social distancing guidelines. This permit has been available to all licensees with retail consumption privileges and will allow liberal expansion privileges subject to local approval. The COVID-19 Expansion Permit is available exclusively through ABC’s POSSE Online Licensing System (“POSSE”). An ABC COVID-19 Expansion Permit is only required if there is an expansion beyond previously approved outdoor areas. For details on the ABC’s COVID-19 Expansion Permit, visit www.nj.gov/oag/abc.

 


APPROVED USES & REQUIREMENTS

  1. Applicants must already have a current Mercantile License on file with the City Clerk’s Office.

  2. 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.

  3. 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.

  4. 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.

  5. Business establishments located on the Asbury Park Boardwalk may not expand outdoor dining or outdoor retail sales beyond areas previously approved in prior years.

  6. 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.

  7. 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.

  8. 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.

  9. Seating and outdoor retail sales displays must not obstruct access to Fire Department Connections (FDCs) or fire hydrants.

  10. The use of umbrellas is permitted.

  11. The use of pop-up canopies is permitted, provided:

    • The establishment removes any pop-up canopies from the street and/or sidewalk no later than 10:00pm every day.

    • The dimensions of the pop-up canopy does not exceed 10' x 10'.

    • The pop-up canopy is properly secured using weights or other such devices.

    • 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.

    • 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.

    • 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.

  12. 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.

  13. Food and beverage preparation outdoors is prohibited.

  14. 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.

  15. 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.

  16. 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.

  17. 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.

  18. 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.

  19. 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.


FULL NAME OF APPLICANT

BUSINESS  ADDRESS

ATTACH PROPOSED LAYOUT: 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, etc. Drawings MUST provide exact dimensions of proposed layout. Layout must comply to Department of Health standards ie 6-foot separation between tables etc.

ATTACH LETTER(S) OF PERMISSION FROM ADJACENT PROPERTY OWNER(S) (if applicable): 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 from the adjacent property owner, which must be submitted with the application.

ATTACH CERTIFICATE OF LIABILITY INSURANCE (if using City sidewalk or streets): All applicants must submit evidence that they have obtained general liability insurance coverage on an occurrence-based form that is applicable to the operations contemplated under this permit application. Applicants shall provide with this application a certificate of insurance (CoI) demonstrating coverage for bodily injury and property damage with minimum limits of one million ($1,000,000) dollars per claim and one million ($1,000,000) dollars in the aggregate. The City of Asbury Park shall be named on the COI as an additional insured on a non-contributory basis and the subject policy shall be endorsed to reflect that coverage has been so amended.

HOLD HARMLESS AGREEMENT: Following review of this application by an attorney of its choosing, the applicant/business hereby agrees to indemnify, defend, and hold harmless the City, its employees, elected officials, volunteers and its insurance fund (the NJIIF) from and against any and all liability or claims, including but not limited to death, bodily injury, and property damage, arising from the applicant/business’s implementation, operation and utilization of outdoor dining or outdoor retail sales in accordance with this application. The applicant as an authorized representative of the above named business, and following the review of this application by an attorney of my choosing, hereby acknowledges and agrees they have received, read and are legally bound by all outdoor dining and outdoor retail sales compliance requirements as set forth in chapter IV, Section 9 of the City Code of the City of Asbury Park and the “2020 Outdoor Dining and Outdoor Retail Sales Temporary Permit” requirements, and that noncompliance with said requirements may result in citations, fines and/or the loss of license.


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