Section 1 of 1 in this document

City of Asbury Park

2026 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 2026 Outdoor Dining and Outdoor Retail Sales License.
     
  • To obtain a 2026 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, 2026.
     
  • Applicants must already have a current Mercantile License on file.
     
  • 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/

REQUIREMENTS

  1. Applicants must already have a current Mercantile License on file.
     
  2. All outdoor dining or retail areas must be contiguous with the front façade of the commercial establishment and cannot extend more than twenty (20) feet from the front façade into the public area
     
  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 barricade which demarcates the outdoor café/sales area must be reviewed and approved by the City before the license is issued.
     
  4. No furniture, apparatus, decoration or appurtenance is permitted within four (4) feet of the curb in the public right-of-way (public area). Additionally, a minimum five-foot continuous pedestrian walkway must be maintained and kept clear of any and all furniture, apparatus, decoration or appurtenance at all times, and is subject to applicable ADA requirements.
     
  5. Seating capacity for outdoor cafes shall be provided by tables and chairs/benches, and must not exceed four (4) people per 100 square feet of space. Tables and chairs must not block entrances or exits of any establishment​.
     
  6. 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.
     
  7. Canopies, pergolas, tents, and outdoor bars/counters are not permitted in the public area or as part of a licensed outdoor dining/outdoor retail area. Permanent structures of any kind are not permitted in the public right-of-way without the explicit approval of the Mayor and City Council.
     
  8. 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.
     
  9. All applicants shall submit a site plan, which depicts the area of proposed use, showing the location of all temporary barricades, furniture, apparatus, decoration or appurtenances which shall be placed within the public 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 and must show exact written dimensions of the proposed layout, but need not be professionally prepared.
     
  10. Any lighting must not exceed a color temperature of 2,700K. All lighting must be shown on the submitted site plan
     
  11. Any outdoor heaters and/or propane shall require approval from the Fire Prevention Bureau (732-774-7400) and must be shown on the submitted site plan.  Storage of propane tanks indoors is strictly prohibited and all tanks should be kept five (5) feet from any structure, overhang, or combustible.
     
  12. Food and beverage preparation outdoors is prohibited.
     
  13. 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.
  14. 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.
     
  15. 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.
     
  16. A garbage can must be provided for establishments with take-out service in disposable containers.
     
  17. 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 barricade which demarcates the outdoor café/sales area must be reviewed and approved by the City before the license is issued. 
     
  18. All temporary barricades, furniture, apparatus, decoration or appurtenances used in connection with the outdoor dining or outdoor retail sales shall be completely removed from the public area from December 31st through March 1st. Permanent, year-round structures of any kind are not permitted in the public area. 
     
  19. If the licensee desires to expand or change their usage of the public area in any way that differs from the site plan on file with their approved license application, they must make a new application and obtain an updated license approval prior to executing any such changes.

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 732-502-5708

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’ 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.

Chapter 4. General Licensing

§ 4-9. DISPLAY OF MERCHANDISE IN PUBLIC AREAS; OUTDOOR/SIDEWALK CAFES.

§ 4-9.1. Definitions.

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 beverages with tables and chairs, and which is required to be licensed pursuant to this section. An outdoor/sidewalk café shall also mean an area adjacent to a craft brewery or craft distillery where patrons may consume beverages purchased from such establishment.

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 façade 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 passageway shall not meander around obstructions, and should be aligned via a constant offset from the curbline as determined by the City. The required passageway shall not include an area of sidewalk that is within 4 feet from the curbline.

STREETSCAPE IMPROVEMENTS

            shall consist of curbs, sidewalks, handicap ramps, street trees, tree grates, planters,            benches, trash receptacles, street lighting, crosswalks, wayfinding signs, and any other         element that may be associated with improvements in the public right-of-way.

§ 4-9.2. License Required.

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 café or otherwise serve food and 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.

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 cafés to be located in public areas as defined herein must be placed in such a manner that the displays or café is no further than twenty (20) feet from the exterior wall of the commercial establishment. Additionally, no furniture, apparatus, decoration or appurtenance used in connection with the display of merchant wares or the operation of the outdoor café shall be located in or project or protrude into any required pedestrian passageway or be closer than four (4) feet to a curb, 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. Seating capacity for outdoor/sidewalk cafes in the public area shall be provided by tables and chairs/benches, and must not exceed four (4) people per 100 square feet of space.

b.         Merchant wares and outdoor/sidewalk cafés 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 may be demarcated through the placement of a temporary barricade which is acceptable to the City. Temporary barricades shall be a maximum of three (3) feet high and 18 inches deep and may not be permanently affixed into the public sidewalk, boardwalk, or exterior of any building. Any temporary barricade must also be modular and each module shall be no more than eight (8) feet in length and shall be portable, should its removal ever be required for emergency access to the public area by 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 cafés 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 front building façade or storefront which abuts the public area, and the furthest extent of any temporary barricade, furniture, apparatus, decoration or appurtenance used in connection with the display of merchant wares or the operation of the outdoor café in the public area

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 cafés 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.

e.         Music is permitted between the hours of 12:00pm and 10:00pm each day within the approved boundaries of the occupied public area, provided the music is not amplified in any way, and that the display of merchant wares or the operation of the outdoor café remains the principal use of the occupied space.

f.          No queuing of customers in connection with the display of merchant wares or the operation of the outdoor café shall be permitted in the required pedestrian passageway.

g.         Canopies, pergolas, tents, and outdoor bars and counters are strictly prohibited in the public         area. Umbrellas are permitted for providing shade to diners and shoppers, but must be   closed nightly and shall not protrude into the required pedestrian passageway.

h.         Temporary barricades, furniture, apparatus, decoration or appurtenances used in connection with the display of merchant wares or the operation of the outdoor café shall be completely removed from the public area from December 31st through March 1st. Permanent, year-round structures of any kind are not permitted in the public area. 

i.          All 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 the applicant 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.

j.          All applicants shall also submit a site plan, which depicts the area of proposed use, showing the location of all temporary barricades, furniture, apparatus, decoration or appurtenances which shall be placed within the public 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 and must show exact written dimensions of the proposed layout, but need not be professionally prepared. Once a license application is approved by the City, the site plan shall be legally binding and anything not shown on the plan shall not be permitted in the public area.

k.         Any outdoor heaters and/or propane to be used in connection with the display of merchant wares or the operation of the outdoor café shall require approval from the Fire Official and must be shown on the submitted site plan, as referenced in § 4-9.3.j.

l.          Any lighting to be used in connection with the display of merchant wares or the operation of the outdoor café shall be coordinated in a consistent approach which compliments the adjacent architecture and landscape design and must not exceed a color temperature of 2,700K. All lighting must be shown on the submitted site plan, as referenced in § 4-9.3.j.

m.        All 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.

a.         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. No applications for such a license shall be accepted until the applicant has already obtained a valid business license, as referenced in § 4-1.1. 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 Planning and Redevelopment Department, Fire Department, 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.

b.         Licensed businesses in the City may apply to utilize additional unreserved public space in front of an adjacent property for the display of merchant wares or the operation of an outdoor café, provided that the business wishing to utilize the additional space submits a new application along with a letter from the adjacent business or property owner with the available space authorizing the use of that space. All of the regulations as referenced in § 4-9.3.i. shall apply.

§ 4-9.5. Annual Licensing Fees.

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 six ($6) 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 six ($6) dollars per square foot of the public area that they intend to utilize.

§ 4-9.6. Annual Renewal.

License fees shall be payable annually to the City Clerk or duly authorized representative of the Clerk, on March 1st and licenses shall expire on December 31st of each year. If the licensee desires to expand or change their usage of the public area in any way that differs from the site plan on file with their approved license application, they must make a new application and obtain an updated license approval, per § 4-9.4., prior to executing any such changes.

§ 4-9.7. Violations; Penalty.

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.

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.

c.         Streetscape improvements which are available to all members of the public and have been reviewed and approved by the Department of Planning and Redevelopment. These improvements shall be permanent fixtures not associated with merchant wares or outdoor cafes in a public area.

§ 4-9.9. Conflicts with Regulations; Authority of City Manager and Council.

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.

By selecting below, you agree that you have read and accept the terms listed above.

For questions regarding payment please contact the Code Enforcement Department at 732-502-5742

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