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City of Asbury Park

info@cityofasburypark.com

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

732-775-2100

City of Asbury Park

2023 OUTDOOR DINING AND OUTDOOR RETAIL SALES LICENSE APPLICATION 
PER ORDINANCE CH.4 SEC. 9 OF THE ASBURY PARK MUNICIPAL CODE ENTITLED, “DISPLAY OF MERCHANDISE IN PUBLIC AREAS; OUTDOOR/SIDEWALK CAFES.”
  • Any business establishment that wishes to participate in outdoor dining or outdoor retail sales activities must have a 2023 Outdoor Dining and Outdoor Retail Sales License.
  • To obtain a 2023 Outdoor Dining and Outdoor Retail Sales License, fill out this application and submit all required supporting documents as outlined below. Applications missing documentation will be considered incomplete and will be delayed.
  • Licenses will be valid until December 31, 2023.
  • Applicants must already have a current Mercantile License on file with the City Clerk’s Office.
  • Once the application has been approved, a confirmation will be emailed to the applicant.
  • The City’s Code Enforcement Department will regularly inspect the outdoor right-of-way usage to ensure compliance with the approved application.
  • If not previously obtained, all outdoor dining must secure an ABC expansion of premises permit, Apply here: https://www.njoag.gov/about/divisions-and-offices/division-of-alcoholic-beverage-control-home/
APPROVED USES & REQUIREMENTS
  1. Applicants must already have a current Mercantile License on file with the City Clerk’s Office.
  2. All outdoor dining or retail areas must be contiguous with the front façade of the commercial establishment and cannot extend more than twenty feet from the front facade on the Boardwalk or fifteen feet from the front façade in all other public areas. 
  3. Permitted furniture includes tables, chairs, umbrellas, trash receptacles, host stands, planters, and temporary portable barricades defining dining areas.  The design, type and placement of the temporary fence or barricade which demarcates the outdoor café/sales area must be reviewed and approved by the City before the license is issued.
  4. No furniture, tables and chairs, displays of merchandise or decoration of any kind is permitted within four feet of the curb in the public Right-of-Way. 
  5. Umbrellas are permitted for providing shade to diners but must be closed nightly and shall not protrude in the required pedestrian walkway.  Umbrellas must allow a 7’ high clearance.
  6. Canopies, pergolas, tents, or permanent structures of any kind are not permitted in the City Right-of-Way without the explicit approval of the Mayor and City Council.
  7. Business establishments that are located in Asbury Park may utilize unreserved space in front of an adjacent business for outdoor dining and/or retail sales provided that the business wishing to provide  outdoor dining/retail submit an application along with a letter from the adjacent business or property owner with the available space authorizing the use of space in front of the establishment.
  8. A minimum five-foot continuous pedestrian walkway must be maintained and kept clear of any and all furniture, displays, signage (including sandwitch boards, menu boards, etc.), and planters/barriers at all times,and is subject to applicable ADA requirements. In the CBD area, the pedestrian walkway must be located on the flat non-decorative portion of the side walk. 
  9. Outdoor heaters require approval from the Fire Official and if tethered to a structure, will also require a Construction Permit. For more information, please call the Asbury Park Fire Department at 732-775-6300.
  10. Applicants must provide a scaled 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, planters/barriers, umbrellas, etc. Drawings MUST provide exact dimensions of the proposed layout. 
  11. Food and beverage preparation outdoors is prohibited.
  12. 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.
  13. 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.
  14. 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.
  15. A garbage can must be provided for establishments with take-out service in disposable containers.
  16. 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. The design, type and placement of the temporary fence or barricade which demarcates the outdoor café/sales area must be reviewed and approved by the City before the license is issued. 

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. Applicants are encouraged to contact the Zoning Officer for assistance in preparing proposed layout plan/sketch. The Zoning Officer can be contacted at: Maryann.Gulotta@Cityofasburypark.com or call 732-502-5708

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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.

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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.

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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’ 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 2023 Outdoor Dining and Outdoor Retail Sales License requirements, and that noncompliance with said requirements may result in citations, fines and/or the loss of license.

Appendix A: City of Asbury Park Municipal Code

§ 4-9.1 Definitions.
[Ord. No. 3071; amended 4-14-2021 by Ord. No. 2021-14]

For the purpose of this section:

MERCHANT WARES
shall include, but not be limited to, merchandise, chattels or other articles for sale to the public, along with accompanying showcase(s), stand(s), sales counter(s), sales apparatus, cart(s), vehicle(s), and/or other necessary items used for purposes of display.

OUTDOOR/SIDEWALK CAFE
shall mean an area adjacent to a restaurant, bar, market or other commercial establishment that is intended to be utilized for the purpose of outdoor dining, including the service of food and/or beverages, and which is required to be licensed pursuant to this section.

PUBLIC AREA
shall include, but not be limited to, that portion of a public sidewalk, public right-of-way, public plaza, public boardwalk, or public park, which immediately abuts a commercial establishment. For purposes of this section, the public beach shall not be construed as a public area which is subject to licensing as an outdoor cafe.

REQUIRED PEDESTRIAN PASSAGEWAY
shall mean an area of sidewalk, parallel to the principal fa9ade and the curbline, at least five (5) feet wide between the adjacent building and the adjacent curb, which shall be unobstructed by trees, tree wells, light poles, trash receptacles, sign poles and posts, telephone booths and similar structures. The pathway shall not meander around obstructions, and should be aligned via a constant offset from the curbline as determined by the City.

§ 4-9.2 License Required.
[Ord. No. 3071; Ord. No. 3079]

No person shall place or allow to be maintained in or upon any public area as defined herein any merchant wares, nor shall a person establish, maintain or operate an outdoor/sidewalk cafe or otherwise serve food or beverages in any public area as defined herein without first obtaining a license from the City Clerk or duly authorized representative of the Clerk.

§ 4-9.3 Regulations.
[Ord. No. 3071; Ord. No. 3079; Ord. No. 3091]

Any person who wishes to utilize a public area as defined herein in the manner specified in this section and who obtains the proper license from the City Clerk or duly authorized representative of the City Clerk is required to adhere to the following regulations:

a. Merchant wares and/or outdoor/sidewalk cafes to be located in public areas as defined herein must be placed in such a manner that the displays or cafe is no further than twenty (20) feet from the commercial establishment in any public area that is part of the public boardwalk, nor further than fifteen (15) feet from the commercial establishment in all other public areas. Additionally, no furniture, apparatus, decoration or appurtenance used in connection with the display of merchant wares or the operation of the outdoor cafe shall be located in or project or protrude-into any required pedestrian passageway, and such encumbrances shall not pose a safety hazard to the general public or be located in such a way as to impede the safe and speedy ingress and egress to or from any building or structure.
[Amended 4-14-2021 by Ord. No. 2021-14]

b. Merchant wares and outdoor/sidewalk cafes to be located in a public area as defined herein must be placed and/or set up in a neat and orderly fashion, and the area of use shall be clearly demarcated through the placement of a temporary fence or other barricade which is acceptable to the City. The design, type and placement of the temporary fence or barricade must be reviewed and approved by the City before the license is issued.

c. Merchant wares and outdoor/sidewalk cafes to be located in a public area as defined herein shall be solely an extension of the permitted business use within the adjacent building or storefront with frontage on that public area. The exterior boundaries of the outdoor use shall be determined by the interior walls of the building or storefront which abuts the public area, and the exterior wall(s) of the barricade as referenced in
§ 4-9.3b above.

d. Merchants are responsible for policing the public area which they occupy and keeping it free of trash and debris. Merchants, and in particular restaurants, sponsoring outdoor/sidewalk cafes in front of their establishments, are responsible for providing their own trash receptacles and shall not rely on City receptacles for the disposal of refuse. These trash receptacles shall not be located within the public areas. Recyclables shall be disposed of in accordance with City Code and regulations.

d. AII persons applying for a license must submit a general liability insurance certificate covering bodily injury and property damage with a minimum of one million ($1,000,000) dollars per person and one million ($1,000,000) dollars per accident or occurrence. The City of Asbury Park shall be named coinsured and the applicant shall also execute a Hold Harmless Agreement, in a form provided by the City Clerk or duly authorized representative of the Clerk and which is approved by the City Attorney, between himself/herself and the City of Asbury Park. The Certificate of Insurance and the Hold Harmless Agreement shall be submitted at the time of application for a license.

f. All applicants shall also submit a site plan, sketch or other drawing which depicts the area of proposed use, along with the location of all tables, chairs, etc., which shall be placed within the area. The site plan shall also show the location of any fire hydrant, plug or standpipe, utility pole, parking meter station, bench, trash receptacle, tree, telephone booth or other permanent fixture between the building and the curb including a clear indication of the presence of any required pedestrian passageway. The plan shall be drawn to scale, but need not be professionally prepared.

g. AII applicants shall be responsible for securing any and all other licenses, permits and/or approvals which may be required pursuant to State law or local ordinance in conjunction with their proposed use of the public area for their specific purpose, including but not limited to applicable Fire Code, liquor license or other requirements.

§ 4-9.4 Application: Investigation, Issuance or Denial.
[Ord. No. 3071; Ord. No. 3079]

An application for a license to use a public area as defined herein in the manner specified in this section shall be available on a form issued by the City Clerk or duly authorized representative of the Clerk. Once a completed application is received by the Clerk or duly authorized representative of the Clerk with the required Insurance Certificate, Hold Harmless Agreement and the licensing fee, it shall be reviewed by the Fire, Planning, and Zoning Departments, and the Health Department, where necessary, and/or their designee(s), which will conduct an investigation into the data contained in the application. As part of their investigation, the aforesaid City Departments shall take into consideration the proposed location of the requested activity, potential interference of the activity with pedestrians or vehicular traffic, appropriateness of design, the business record of the applicant, and any public safety, health and welfare consideration. Upon completion of their investigation, the aforesaid City Departments shall forward their findings and recommendations to the City Clerk or duly authorized representative of the Clerk, which may include conditions intended to be attached to the license for the health, safety and welfare of the public. The City Clerk or duly authorized representative of the Clerk, after consideration of the application and the findings made by the aforesaid City Departments, and in consultation with the City Manager, shall issue or deny the license, with such conditions as may be required per the review and recommendations of said Departments.

§ 4-9.5 Annual Licensing Fees.
[Ord. No. 3071; Ord. No. 2015-16; Ord. No. 2016-49; amended 4-14-2021 by Ord. No. 2021-14]

a. Public Areas on the Boardwalk. Any person submitting an application to use a portion of the boardwalk in the manner specified in this section shall pay an annual licensing fee of fifty ($50) dollars, plus four ($4) dollars per square foot of the boardwalk area that they intend to utilize.

b. Other Public Areas. Any person submitting an application to use public areas as defined herein other than the boardwalk in the manner specified in this section shall pay an annual licensing fee of fifty ($50) dollars, plus four ($4) dollars per square foot of the public area that they intend to utilize.

§ 4-9.6 Annual Renewal.
[Ord. No. 3071; amended 12-12-2018 by Ord. No. 2018-53]

License fees shall be payable annually to the City Clerk or duly authorized representative of the Clerk, on January 1 and licenses shall expire on the following December 31. Year­ round businesses shall pay the applicable fee no later than March 1, or a late fee of $100 will be assessed. Seasonal businesses (May 1 to September 30) shall pay the applicable fee no later than June 1, or a late fee of $100 will be assessed.

§ 4-9.7 Violations; Penalty.
[Ord. No. 3071)

Any person violating any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter I, Section 1-5.

§ 4-9.8 Exceptions.
[Ord. No. 3071)

This section shall not apply to the following provided they do not substantially inhibit the flow of pedestrian traffic.

a. Flags.

b. Flowers, artificial or natural.

§ 4-9.9 Conflicts with Regulations; Authority of City Manager and Council.
[Ord. No. 3071]

a. Should there be any conflict or inconsistency between this section and any other section of the Code, this section shall control.

b. The City Manager, subject to the approval of the City Council, shall have the authority to waive or modify the requirements set forth herein in those circumstances where such a waiver or modification is warranted and deemed to be in the best interests of the City.

Appendix B: Urban Enterprise Zone Design Guidelines

A Guide to the Rehabilitation and Design Of Asbury Park's Commercial Buildings

bench

umbrella

Street furniture includes seating, planters and displays. Each element placed outside the building must be selected and

designed to be a part of the visual composition of the facade and all its elements. Section 4-9 of the City of Asbury Park code will be enforced.

Merchant wares and outdoor cafes shall be solely an extension of the permitted business use within the building or storefront with frontage on that right-of-way. The interior walls of the building or storefront using the right-of-way determines the exterior boundaries of the outdoor use.

Merchant wares and outdoor cafes must be placed so that the displays or cafe is no further than 15 feet from the commercial establishment. In no case shall it be closer than 4 feet to a curb. No elements are allowed within a 4-foot clear walking path on the sidewalk

Materials for tables, chairs, umbrellas and private waste containers include painted metal, painted wood, stained wood or combinations. Plasticandotherlightweight,easilydamaged materials are not permitted. Umbrellas must allow a 7' high clearance.

Planters may be made of terracotta, ceramic, stone, ornamental concrete and heavy fiberglass. Window boxes may be painted wood. Large plants that obstruct views of store windows are not appropriate.

Display structures must be stable and solid and made of painted metal and/or wood. Locate displays adjacent to the building. Allowable maximum height of display structures is 3' and maximum depth is 2'.

By selecting below, you agree that you have read and accept the terms of both Appendix A and B.

For questions contact Clerk’s office:

Email: Lisa.Esposito@cityofasburypark.com

Phone: 732-502-5720

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