POINT PLEASANT BEACH — The Point Pleasant Beach Borough Council is poised to adopt rules permanently allowing permits for outdoor dining, following the introduction of an ordinance last week mirroring a recent state outdoor dining law.
Specifically, the ordinance would replace a section of borough code titled “Seasonal Outdoor Dining,” which currently lays out restrictions on the extent of outdoor dining through permits.
“It’s important for the public to know that the reason this ordinance is being considered is that the legislature adopted a law at the end of last year in 2024 that basically makes a right to outdoor dining, of statewide proportion,” Borough Attorney Michael L. Collins said at the Tuesday, Feb. 18 council meeting.
“So, what we’re trying to do is update our ordinance, because Point Beach had a very robust outdoor dining ordinance that was adopted during COVID, but that’s essentially preempted now that the state adopted this law,” Collins said.
The new ordinance says the state law, adopted in November 2024, “permanently sanctions outdoor dining for restaurants and certain alcoholic beverage retailers and manufacturers. The borough seeks to update its ordinances regarding outdoor dining and expansion permits to comport with the law and allow for it to exercise its oversight and discretion.”
According to the current borough code, such a permit “shall only be issued for dining in parking lots, driveways and rooftops, safety permitting, annually from April through the end of November in the MC (mixed commercial) and GC (general commercial) zones only.”
Under the new ordinance, two different types of permits — premises expansion permits and outdoor space permits — would be allowable to restaurants, breweries and similar institutions depending on the type of commercial activity.
A “premises expansion permit” is defined in the ordinance’s text as “a permit issued to (an alcoholic beverage) manufacturer license holder or retail consumption license holder” allowing them to use outdoor spaces “as an extension of their business premises that they own or lease and that are located either on their business premises, contiguous to the business premises or in a non-contiguous location…for the purpose of conducting sales of food and beverages as allowed by law.”
After being reviewed by the chief of police, borough administrator and other borough officials, final approval of a premises expansion permit is issued by the state’s Director of the Division of Alcoholic Beverage Control.
An “outdoor dining permit” is a similar allowance that applies to “the owner or operator of a restaurant that does not sell alcoholic beverages” or “the holder of an alcoholic beverage license” seeking to use outdoor spaces for purposes other than selling alcohol.
To receive an outdoor dining permit, applicants must follow a municipal permitting process that involves an application to the borough’s zoning officer. This application must include a design plan including tents and other planned outdoor fixtures, a litter control plan and an indemnification agreement with the borough with respect to losses related to the outdoor dining facility.
The ordinance was introduced by a unanimous council vote.
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