(a) Any food establishment, which is otherwise operating as a licensed, permitted restaurant, intending to provide seasonal outdoor cafe dining table service shall be subject to the following regulations:
(1) Issuance of a seasonal outdoor dining permit from the Aston Township Code Enforcement Office.
(2) No outdoor food preparation or storage, busing station or open outdoor trash receptacle shall be permitted.
(3) The dining area shall not obstruct the use of any egress door or aisle, access lane or standpipe.
(4) Outdoor dining is permitted between the hours of 7:00 a.m. and 11:00 p.m., except where the restaurant adjoins a residential use, in which case outdoor dining is permitted between the hours of 7:00 a.m. and 9:00 p.m. All tables of food, beverages and customers shall be cleared on or before 12:00 midnight.
(5) Outdoor sound amplification systems are prohibited.
(6) Alcoholic beverage service, properly licensed by the Commonwealth of Pennsylvania, is permitted only in conjunction with the service of food.
(7) No service of food or beverages is permitted to unseated patrons.
(8) Outdoor dining is permitted from April 1 to October 31 only.
(9) Portable heating devices with an open flame are prohibited, unless approved by the Fire Marshal.
(10) The applicant shall maintain the restaurant-cafe in accordance with all township ordinances and state and federal laws, as well as rules and regulations promulgated and adopted by the township which pertain to this use of restaurant-cafes.
(b) Applications for a seasonal outdoor cafe dining permit must be filed with the Aston Township Code Enforcement Office to secure a permit. A fee of $50 for one year or $75 for two years must be paid with the filing of the application. Such fee can be amended in the future by resolution of Township Commissioners. Such application shall be made upon forms provided by the township and shall include the following:
(1) Name and address of applicant;
(2) Width of existing public right-of-way sidewalk intended to be used immediately adjacent to property;
(3) Proof of proper licenses for food establishment;
(4) Dimensions of the area of sidewalk or designated area in which outdoor cafe dining is proposed;
(5) Diagram to scale of actual intended equipment, tables and chairs for space on sidewalk and proposed occupant load;
(6) The written consent of the property owner;
(7) Certificate of insurance demonstrating coverage for intended outdoor dining use;
(8) Indoor seating capacity of food establishment;
(9) No action shall be taken on any application for a permit under this division until the application has been completed in its entirety and the application fee, has been paid in full. The schedule of fees shall be kept on file at the Township Office. There shall be no prorating of fees under this division; and
(10) The applicant agrees to indemnify, defend and keep harmless the Township of Aston, its officers, employees and agents from and against any and all actions, suits, demands, payments, costs and charges for and by reason of the existence of the restaurant-cafe and all damages to persons or property resulting from or in any manner caused by the presence, location, use, operation, installation, maintenance, replacement or removal of such restaurant-cafe or by the acts or omissions of the employees or agents of the applicant in connection with such restaurant-cafe.
(c) The applicant shall remove the outdoor portion of the restaurant-cafe within 30 days after written notice if the township or the Code Enforcement Officer determines that the restaurant-cafe is detrimental to the health, safety and general welfare of the township or its citizens.
(1) Due to pedestrian traffic changes, the restaurant-cafe narrows the sidewalk to the extent that pedestrian traffic is impeded;
(2) The restaurant-cafe interferes with the maintenance or installation of an underground utility structure;
(3) The restaurant-cafe is no longer being used as such;
(4) The restaurant-cafe has been temporarily or permanently closed for violation of any township, state or federal law and/or regulation; or
(5) The restaurant-cafe is operated in violation of any ordinance, rule or regulation of the Township of Aston.
(d) In the event that the applicant fails to remove the restaurant-cafe within 30 days after written notice, the township may proceed to remove and restore the area and charge the applicant for the cost thereof. Should the restaurant-cafe be removed by the township, the applicant shall be entitled to a return of the equipment, furnishings or appurtenances so removed only after the payment of all costs due to the township and by requesting the return in writing. The responsibility for removal under the provisions of this division shall be the sole responsibility of the applicant without any obligation or cost assessed against the township.
(e) The township may, from time to time, promulgate whatever rules or regulations it deems necessary or desirable to effectuate the purposes of this division, and the same shall be approved by the Township Commissioners by way of resolution.
(Ord. 1017, passed 9-15-2021)