Start your 7-day free trial — unlock full access instantly.

Lead Closed

This opportunity is no longer accepting submissions.

Spring Lake HeightsGreen Risk

ClosedGeneral

Ordinance #2026-05 Spring Lake Heights Outdoor Dining Introduction (pdf)

BID #: 2026-05

ISSUED: 3/16/2026

DUE: TBD

VALUE: TBD

100

Rating

Risk Rank

Green Risk

AI-Powered Lead Insights

Executive Summary

The Borough of Spring Lake Heights is updating its ordinances to regulate outdoor dining, aligning with the requirements of P.L. 2024, c.95, which permanently sanctions outdoor dining for restaurants and certain alcoholic beverage retailers and manufacturers. The ordinance introduces regulations and standards for outdoor dining areas, including requirements for permits, outdoor space usage, and operational standards. Key aspects include obtaining premises expansion permits or outdoor space permits, adhering to specific outdoor dining standards, and compliance with municipal ordinances. A public hearing was scheduled for April 6, 2026, to allow public comment on the ordinance.

Web Content

Automated discovery link found on Spring Lake Heights website.

Document Text

--- Document: Ordinance #2026-05 Spring Lake Heights Outdoor Dining Introduction (pdf) Document ---
PLEASE TAKE NOTICE the following ordinance was introduced and 
passed on first reading at the March 16, 2026 meeting of the Mayor and 
Borough Council was scheduled for a public hearing to begin at 7:00 
p.m. on April 6, 2026, in the Municipal Building, located at 555 Brighton 
Avenue, Spring Lake Heights, at which time and place any person 
desiring to comment on this ordinance will be given the opportunity to 
be heard.  A copy of the ordinance is available in the clerk’s office. 
 
BOROUGH OF SPRING LAKE HEIGHTS  
COUNTY OF MONMOUTH  
 
ORDINANCE No. 2026-05  
 
ORDINANCE REGULATING OUTDOOR DINING  
  
WHEREAS, the Borough of Spring Lake Heights (“Borough”) maintains licensing and 
zoning requirements for outdoor dining within the Borough; and  
 
WHEREAS, on or about November 25, 2024, the Governor signed P.L. 2024, c.95 into 
law, codified at N.J.S.A. 40:55D-164 et seq (the “Law”), which permanently sanctions outdoor 
dining for restaurants and certain alcoholic beverage retailers and manufacturers; and   
 
WHEREAS, the Borough desires to update its Ordinances regarding outdoor dining and 
expansion permits to comport with the Law and to allow for it to exercise its oversight and 
discretion under the Law to the maximum extent possible to protect the health, safety, and welfare. 
 
NOW, THEREFORE, BE IT ORDAINED by the Borough Council of the Borough 
of Spring Lake Heights in the County of Monmouth, State of New Jersey, as follows:  
 
SECTION 1. Section 4-7, titled “Permits for Outdoor Dining Areas, Outdoor Eating Areas 
and Sidewalk Café Areas” is hereby repealed and replaced as follows: 
 
§ 4-7.1. 
Purposes. 
A. 
P.L. 2024, c.95, codified at N.J.S.A. 40:55D-164 et seq. (the “Law”), permanently 
sanctions outdoor dining for restaurants and certain alcoholic beverage retailers and 
manufacturers. 
B. 
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 to the 
maximum extent afforded under the Law to protect the health, safety, and welfare. 
 
§ 4-7.2. 
Definitions. 
 
“Alcoholic beverage manufacturer license” or “license” means a plenary winery license, farm 
winery license, limited brewery license, restricted brewery license, cidery and Meadery license, 
and craft distillery license issued pursuant to R.S. 33:1-10. 
 


“Alcoholic beverage retail consumption license” or “license” means a plenary retail consumption 
license, plenary retail consumption license used in connection with a hotel or motel, seasonal retail 
consumption license, or club license issued pursuant to R.S. 33:1-12, or a concessionaire permit 
issued pursuant to Title 33 of the New Jersey Revised Statutes that authorizes the sale of all 
alcoholic beverages for consumption on the licensed premises. 
 
“Food” means food that is cooked, prepared, sold, served, and consumed on the business premises.  
 
“Outdoor space” means a patio or deck, whether covered or uncovered, a yard, a walkway, or a 
parking lot, or a portion of any such space, that is located on the business premises, contiguous to 
the business premises, or in a non-contiguous location in accordance with paragraph (2) of 
subsection a. of section 2 of P.L. 2024, c.95 which space is owned, leased, or otherwise in the 
lawful control of the owner or operator of the business premises.  
 
“Premises expansion permit” means a permit issued to a manufacturer license holder or retail 
consumption license holder that entitles the license holder 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 in accordance with 
paragraph (2) of subsection a. of section 2 of P.L. 2024, c.95 for the purpose of conducting sales 
of food and beverages as allowed by law. 
 
“Public sidewalk” means a sidewalk on the locally,  county or state-owned right-of-way which is 
adjacent to the business premises or a portion thereof.  
 
§ 4.7.3. 
Premises Expansion Permit. 
 
 
A. 
Pursuant to N.J.S.A. 40:55D-165, the holder of an alcoholic beverage manufacturer license 
or retail consumption license may apply to the Director of the Division of Alcoholic 
Beverage Control for a premises expansion permit. 
B. 
Pursuant to N.J.S.A. 40:55D-165(c), the director shall transmit the application for a 
premises expansion permit to the municipal clerk and police chief of the municipal 
governing body and the director “shall not approve or deny an application until it receives 
an endorsement or approval from the appropriate governing body officials.” 
C. 
Upon the transmission of a premises expansion permit application by the Director of the 
Division of Alcoholic Beverage Control to the Clerk and the Chief of Police, the municipal 
clerk and police chief shall forthwith forward the application to the Borough Administrator. 
D. 
The Borough Administrator shall review the application with a reviewing panel consisting 
of the following officials: the Borough Administrator, Borough Attorney, Borough 
Engineer, Zoning Officer, Code Enforcement Officer, Chief of Police, and any other 
officers that the Borough Administrator deems appropriate. 
E. 
The reviewing panel shall evaluate the application, including requesting and holding a 
meeting with the applicant if deemed warranted. The reviewing panel shall develop all 
relevant information and forward it to the governing body along with any recommended 
handling. 
F. 
The governing body shall review the application and reviewing panel information. It shall 
recommend endorsement and/or approval of the application if it is believed that the 


application satisfies the statutory criteria and that the requested premises expansion permit 
would not interfere with the health, safety, and welfare of the Borough of Spring Lake 
Heights. If the governing body finds the premises expansion permit application to be 
deficient, it shall set forth the deficiencies in the resolution.  
G. 
The Borough Clerk and Chief of Police shall provide a response to the Director consistent 
with the governing body’s resolution to the Director of the Division of Alcoholic Beverage 
Control. 
H. 
License holders must apply for and receive approval for premises expansion permits 
annually.  
 
§ 4.7.4. 
Outdoor Space Permit 
 
A. 
Pursuant to N.J.S.A. 40:55D-166, the owner or operator of a restaurant that does not sell 
alcoholic beverages and the holder of an alcoholic beverage manufacturer license or retail 
consumption license seeking to utilize, for purposes other than selling alcoholic beverages, 
outdoor spaces as an extension of their business by filing an application with the Borough 
Zoning Officer. 
 
B. 
The application to the Borough Zoning Officer pursuant to this section shall include: 
 
(1) 
a plan, sketch, picture, or drawing that depicts the design, dimensional boundaries, 
and placement of tents, canopies, umbrellas, tables, chairs, and other fixtures of the 
outdoor spaces; 
 
(2) 
a plan for the control of litter, the removal and storage of garbage, and the cleaning 
of fixtures and grounds. If a business premises’ parking lot is used for the service 
and sale of either food or beverages, or both, the owner or operator of a restaurant 
that does not sell alcoholic beverages and the holder of an alcoholic beverage 
manufacturer license or retail consumption license shall not encumber more than 
seventy-five (75%) percent of the lot’s total parking spaces for service and sale, 
unless the parking lot contains less than eight parking spaces and shall maintain at 
least one handicapped parking space in the parking lot.  
 
(3) 
Proof of written consent of the owner of the premises, if other than the applicant, 
which shall include evidence of a properly issued permit p; 
 
(4) 
An insurance certificate naming the Borough as an additional insured, with general 
liability on an occurrence with a limit of liability of at least $1,000,000, with respect 
to losses arising solely from the operation of the Outdoor space; and 
 
(5) 
An indemnification agreement with the Borough with respect to losses arising 
solely from the operation of the Outdoor space.  
 
C. 
The Borough Zoning Officer shall issue an approval to the applicant within fifteen business 
(15) days of the application being submitted and deemed complete, provided that the 
applicant meets and abides by all qualifications and requirements of P.L. 2024, c. 95, 
except that the Borough Zoning Officer may deny an application based on current 
violations of any other health, safety, fire, permitted use, or zoning regulation or upon any 
applicable law permitting the denial of a zoning permit.  


 
D. 
An application under this Section shall not be considered an application for a variance 
under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.  
 
E. 
The Borough may deny, revoke, or temporarily suspend the permit of any applicant or 
permittee that violates, or is not in compliance with, any provision of P.L. 2024, c.95, or 
any provision of a law, ordinance, or regulation related to health, safety, fire, permitted 
use, zoning, or the consumption or control of alcoholic beverages not otherwise under the 
jurisdiction of the Director of Alcoholic Beverage Control and may also deny, revoke, or 
temporarily suspend the permit of any applicant or permittee based on any action taken 
against the applicant or permittee by the Division of Alcoholic Beverage Control related to 
the Division’s enforcement of any law or regulation related to the consumption of alcoholic 
beverages under its jurisdiction.  
 
F. 
An appeal to any approval, denial, revocation, or suspension may be filed through the Clerk 
to the Borough Council. The Borough Council shall conduct a hearing and render a 
decision within thirty (30) days of the filing of the appeal. At the Borough Council’s 
discretion, it may designate by Resolution a Borough official or attorney licensed in the 
State of New Jersey to serve as a hearing officer in place of the Borough Council for the 
purpose of conducting said hearing and rendering said decision.  
 
G. 
A permit issued pursuant to this section to a restaurant without an alcoholic beverage retail 
license shall be subject to annual renewal. 
 
H. 
An application pursuant to this section that has been approved for a holder of an alcoholic 
beverage manufacture license or retail consumption license shall have the endorsement 
submitted to the Director. 
 
§ 4.7.5  
Outdoor Dining Standards. 
For purposes of this Section, “Licensed Outdoor Space” shall be defined as Outdoor Space that is 
sanctioned for outdoor dining pursuant to a Premises Expansion Permit or Outdoor Space Permit. 
In addition to any other requirements under this Section, the following additional requirements 
shall apply to an area maintained as a Licensed Outdoor Space. It shall be a violation of this 
Ordinance for a person to own, maintain, or operate a Licensed Outdoor Space contrary to the 
terms set forth herein:  
A.  
Where curbside abuts on-street parking, curbside dining is limited to two-top tables placed 
parallel to the street. A minimum two-foot setback should be maintained from the curb 
edge. 
B.  
Additional sidewalk clearance may be required where pedestrian traffic or other 
circumstances warrant. 
C. 
An unobstructed pedestrian corridor of a minimum of four feet in width straight out must 
be maintained between any restaurant entrance and the pedestrian corridor space. 
D.  
Clear unobstructed height of seven feet must be maintained between the sidewalk surface 
and overhead objects including umbrellas. 


E.  
A minimum clearance of five feet must be maintained between the outdoor dining space 
and edge of parking lots, driveways, alleys, and handicapped ramps. 
F.  
The Licensed Outdoor Space must not block access to public amenities like street furniture, 
trash receptacles, and way finding, or directional signs. 
G.  
Dining areas at corners must not extend within sight triangles at street intersections. 
H.  
An unobstructed pedestrian corridor of a minimum of four feet in width must be maintained 
parallel to the street at all times. 
I.  
Furniture must be made of durable material. 
J.  
Planters or pots may be used to define the outdoor dining space but are not required. 
K.  
Perimeter fences are discouraged. Fences must not be solid or opaque, made of plastic or 
unfinished or pressure treated wood, or affixed to the ground. 
L.  
Tabletop signage is limited to menus and must not exceed 11” X 17”. 
M.  
There can be no more than two umbrellas per table. 
N.  
The umbrellas must be fixed so as to leave a clear height of seven feet from the sidewalk 
surface. 
O.  
Umbrellas are not allowed on tables located within 10 feet of block corners. 
P.  
Lighting must not cause glare to pedestrians or vehicular traffic. 
Q.  
Lighting must not be affixed to trees, bushes and any natural growth. 
R.  
Tables, chairs, planters, and pots may remain in the designated outdoor dining area 
throughout the permit period. All umbrellas, signage, and other accessories, however, must 
be removed from the dining area at the close of business each day. 
S.  
The Licensed Outdoor Space operation must comply with all state and local sanitary and 
health regulations. 
T.  
A host stand and tabletop candles are allowed within the approved dining area. However, 
these accessories have to be removed from the dining area at the close of business. 
U.  
No tents or cash registers are permitted within the Licensed Outdoor Space except during 
a government-declared state of emergency. 
V.  
Licensed Outdoor Spaces cannot run electrical cords from the restaurant building or the 
Borough’s power receptacles. 
W.  
The applicant is responsible for keeping the Licensed Outdoor Space and the permittee's 
property clean of garbage, food debris, paper, cups, or cans associated with the operation 


of the outdoor dining space on a daily basis. All waste and trash must be properly disposed 
of by the applicant. 
X.  
Sidewalks within and adjacent to the Licensed Outdoor Space must be washed down and 
cleaned on a daily basis. Any stains from spills must be removed. Soiled pavement that is 
not able to be cleaned must be replaced by the permit holder, under the supervision of the 
Borough Engineer and detergents used for cleaning must not drain into tree pits. 
Y.  
Signage. A-frame, sandwich signs and menu signs are prohibited outside. All signs 
attached to poles, fences, or trees are prohibited. All signage must be approved by the 
Zoning Officer. 
Z. 
Licensed Outdoor Spaces must provide an architectural barrier such as floral arrangements, 
landscaping and/or decorative fencing designed limit the ability of litter to blow off the 
premises but not attached to a Public sidewalk for the eating area and any other area 
identified by the Zoning Officer determines that litter is likely to result from. 
AA. 
Licensed Outdoor Spaces shall not interfere with pedestrian or vehicular traffic. Four feet 
of unobstructed non-meandering sidewalk shall be provided. The area shall be clearly 
demarcated through the placement of a temporary barricade which is reviewed and 
approved by the Zoning Officer. 
BB. 
Licensed Outdoor Spaces shall maintain a litter control plan setting forth a description of 
the number and location of trash receptacles for the areas and the frequency with which the 
tables, surrounding area and adjacent public and private properties will be policed for litter. 
Outdoor spaces shall not be maintained contrary to the litter control plan. 
CC. 
No amplified sound is permitted in Licensed Outdoor Spaces. Music of any kind is not 
permitted outside of the principal building. 
DD. 
The hours of operation of any outdoor dining activities within a Licensed Outdoor Space 
shall be between 8:00 a.m. and 11:00 p.m. Outdoor dining shall be permitted between May 
15 and October 15. These hours and dates may be modified by resolution of the governing 
body. 
§ 4.7.7. 
Municipal Ordinances.  
 
A. 
N.J.S.A. 40:55D-168(a) provides that notwithstanding P.L. 2024, c. 95, “all other 
municipal ordinances pertaining to sanitation, property maintenance, noise, business days 
and hours of operation, and days and hours of service of alcoholic beverages shall apply, 
unless specifically suspended or modified by the municipality or specifically prohibited by 
the provisions of this section.” 
 
B. 
The provisions of this Section shall not be construed as suspending or modifying any other 
provisions of the Borough’s Ordinances, which shall remain in full force and effect and are 
binding upon the holders of premises expansion permits and outdoor space permits.  
C. 
The seating contained in an outdoor space that is licensed under a premises expansion 
permit or outdoor space permit shall not be counted in determining any parking space 
requirement for a retail food establishment or restaurant use. 


 
 
§ 4.7.8. 
Fees Set by Resolution. 
 
A. 
The annual fee for a permit issued pursuant to this Section may be set by resolution of the 
Mayor and Borough Council. 
 
B. 
No fees shall be prorated, nor any part thereof refunded for any reason.  
 
§ 4.7.9. 
Violations and Penalties. 
 
Each person violating any of the provisions of this Section shall, upon conviction thereof, be liable 
for a fine not less than $500 for the first offense. For second or subsequent offenses the penalty 
shall be the maximum penalty as provided by law and as authorized by Borough Ordinance.  
 
SECTION 2.  Severability.    
   
The provisions of this Ordinance shall be severable. If any portion of this Ordinance is 
found to be invalid for any reason by any Court of competent jurisdiction, such judgment shall be 
limited in its effect only to the portion of the Ordinance actually adjudged invalid and shall not be 
deemed to affect the operation of any other portion thereof, which shall remain in full force and 
effect.     
  
SECTION 3 .  Repealer.       
   
All ordinances and resolutions, and parts of ordinances and resolutions which are 
inconsistent with provisions of this ordinance shall be, and are hereby, repealed to the extent of 
any such inconsistency.     
  
SECTION 4.  Effective Date.       
   
This ordinance shall take effect upon final adoption and publication in accordance with 
law.     
    
LEGAL NOTICE    
   
Publication by Summary Pursuant to N.J.S.A.40:49-2     
This Ordinance addresses premises expansion permits and outdoor dining regulations consistent 
with the requirements of P.L. 2024, c.95.