(a) Declaration of Necessity and Intent. It is hereby found and declared:
(1) That there exists the need for outdoor eating establishment (sidewalk cafés) in the pedestrian oriented areas of the Borough to provide a unique environment for relaxation and food consumption.
(2) That because of the high intensity of development in certain commercial zoning districts in the downtown area and along commercial corridors, the lack of adequate vacant land and the need to encourage the redevelopment of existing structures, there exists a need to provide an opportunity for sidewalk cafés to be located on sidewalks in the public right- of-way.
(3) That the existence of sidewalk cafés encourages additional pedestrian traffic to these areas and encourages more activity in pedestrian oriented areas and redevelopment.
(4) That the presence of sidewalk cafés may impede the flow of pedestrian traffic.
(5) That there is a need for regulations and standards for the existence and operation of sidewalk cafés to facilitate and ensure a safe environment in these areas.
(6) That the establishment of café zones, permit conditions and safety standards for sidewalk cafés is necessary to protect and promote the general health, safety, and welfare of the residents of the Borough.
(7) That the issuance of a sidewalk café permit shall not constitute nor shall it be construed to constitute a vacation or abandonment by the Borough of its interest in the right- of-way or any easements contained therein.
(b) Definitions. For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them by this subsection:
(1) “Permittee” means the holder of a valid sidewalk café permit under the terms and provisions of this section.
(2) “Sidewalk” means that portion of a public street right-of way between the curb line or the lateral line of a roadway and the adjacent property lines which is improved for use by pedestrians.
(3) “Sidewalk café” means a use located on a sidewalk which is associated with a business establishment which serves or sells food including beverage products and is located in the abutting building. To serve alcoholic beverages in a sidewalk café, the business establishment shall have a valid liquor license from the Commonwealth of Pennsylvania to sell alcoholic beverages for consumption on premises in connection with a restaurant use. Sidewalk cafés characterized by tables and chairs and may be shaded by awnings, canopies or umbrellas.
(4) “Sidewalk café area” means the area permitted by the Borough between the curb and building or such other area as is approved by the Borough for use as a sidewalk café.
(c) Permit Required. It shall be unlawful for any person to operate a sidewalk café on any sidewalk or public right-of-way without a permit as provided by this section. Sidewalk cafés shall be permitted only within the C-1 and C-2 Commercial Zoning Districts. A sidewalk café permit shall be a license to use the sidewalk and shall not grant nor shall it be construed or considered to grant any person any property right or interest in the sidewalk.
(d) Sidewalk Café Permit and Fee.
(1) Each permit shall be effective for one year from May 1 until April 30 of the following calendar year, and must be annually renewed with the approval of the Borough.
(2) The annual permit fee for establishing or maintaining a sidewalk café shall be seventy-five dollars ($75.00) established by Borough Council and may be modified from time to time by resolution.
(3) The permit fee shall be paid on or before May 1 and shall cover the time period from May 1 through April 30 of the following calendar year. For a permit issued after May 1 and before April 30, the permit fee will be prorated on a per month basis. Any portion of a month shall be considered a full month for the purposes of calculating the prorated permit fee.
(e) Sidewalk Café Permit Application.
(1) Application for a sidewalk café permit shall be made to the Borough Manager or his designee. Such application shall include, but not be limited to, the following information:
A. Name, address and telephone number of the applicant;
B. Name and address of the abutting, permitted business establishment;
C. A copy of a valid Borough occupational license to operate the business establishment abutting the sidewalk café which is the subject of the application;
D. Written approval from the owner of the building abutting the proposed sidewalk café;
E. A copy of current certificate of insurance in the amounts and categories required by this section;
F. A drawing (drawn to scale) showing the layout and dimensions of the sidewalk, sidewalk café area and adjacent private property, proposed location, size and number of tables, chairs, steps, umbrellas, awnings, canopies, location of doorways, trees, parking meters, bus shelters, sidewalk benches, trash receptacles, railings, decorative chains and any other fixture, structure or obstruction either existing or proposed within the sidewalk café;
G. Photographs, drawings or manufacturers' brochures fully describing the appearance of all proposed tables, chairs, umbrellas, awnings, canopies or other fixtures related to the sidewalk café;
H. If any table, railing, awning, canopy or any other fixture is to be permanently anchored, such information must be shown on the drawing;
I. If the applicant intends to sell alcohol, a copy of the PA Liquor Control Board license, and a certification by a certified public accountant that states for a period of not less than ninety consecutive days during the twelve months immediately preceding the date of application, sale of food and non-alcoholic beverages by the applicant at the licensed premises were equal to or exceed sixty percent of the combined gross sale of both food and alcoholic beverages.
(2) The application shall be accompanied by a nonrefundable application fee which shall be credited toward the first year permit fee if the application is approved.
(3) Applications must be reviewed by any departments deemed appropriate by the Borough Manager or his designee.
(f) Standards and Criteria for Application Review. The following standards and criteria shall be used in reviewing the application:
(1) Permits shall be issued only to persons who hold valid occupational licenses for a business establishment and who wish to provide tables and chairs on the sidewalk(s) abutting such establishment for use by the general public.
(2) Sidewalk cafés are restricted to the sidewalk frontage of the abutting business establishment in a C-1 and C-2 Commercial Zoning District.
(3) In the event the sidewalk café area of the permit extends to a sidewalk in front of another space in the same building or an adjacent property, the permittee must obtain written permission from the owners and tenants (if any) of any building or space abutting any additional sidewalk frontage and such approval must not have been revoked or suspended.
(4) Sidewalk café areas shall be located on sidewalks which are at least twelve feet in width.
(5) Sidewalk cafés shall be located in a manner that promotes efficient and direct pedestrian movement. A minimum of one unobstructed pedestrian path at lease five feet wide shall be maintained at all times.
(6) The perimeter around the sidewalk café area may be delineated using nonpermanent fixtures such as railings, potted plants, decorative chains, or other approved fixtures. The permanent anchoring of tables, chairs, umbrellas, awnings, canopies, railings or other fixtures may be approved by the Borough provided such anchoring meets all other applicable codes, ordinances and laws and the permittee provides adequate assurances that the sidewalk will be repaired in a manner consistent with Borough requirements concerning sidewalk repair in the event any permanently anchored fixture is removed. The Borough may require that any fixture not permanently anchored shall be removed from the sidewalk café area during any time when the sidewalk café or abutting business establishment is not open for business.
(7) Tables, chairs, umbrellas, canopies, awnings and any other fixtures shall be of uniform design and shall be made of quality materials and workmanship to ensure the safety and convenience of users and to enhance the visual quality of the urban environment.
(8) No part of the sidewalk café area is permitted beyond the building edge or property line at a street intersection.
(9) The permit applies only to the sidewalk café area, related uses on private property are governed by other regulations.
(g) Liability and Insurance.
(1) By use of any permit granted hereunder, the permittee agrees to indemnify, defend, save and hold harmless the Borough, its officers, agents and employees from any and all claims, liability, lawsuits, damages and causes of action which may arise out of this permit or the permittee's activity regarding the sidewalk café.
(2) The permittee shall acquire and keep in full force and effect, at its own expense, the following insurance requirements for the entire permit period:
A. Commercial general liability insurance in the amount of five hundred thousand dollars ($500,000) per occurrence for bodily injury and property damage. The Borough must be named as an additional insured on this policy and an endorsement must be issued as part of the policy evidencing compliance with this requirement.
B. Workers' compensation and employers liability as required by the Commonwealth of Pennsylvania.
C. All policies must be issued by companies authorized to do business in the Commonwealth of Pennsylvania and rated B+; VI or better per Best's Key Rating Guide, latest edition.
D. The Borough shall receive at least thirty days written notice prior to any cancellation, non-renewal or material change in the coverage provided.
E. The permittee must provide and have approved by the Borough Manager or his designee an original certificate of insurance as evidence that the above requirements have been met prior to the permit becoming effective. Failure to comply with these requirements shall cause a suspension or revocation of this permit.
(3) The insurance requirements described in this section shall be in effect from May 1 until April 30 of the following calendar year.
(h) Conditions of Sidewalk Café Permit. Sidewalk cafés permitted under this section shall be subject to the following conditions:
(1) The permit issued shall be personal to the permittee and shall be transferable only with the prior written approval of the Borough.
(2) The Borough may require the temporary removal of sidewalk cafés by the permittee when street, sidewalk, or utility repairs necessitate such action or when it is necessary to clear sidewalks for a parade permit issued by the Police Department. The permittee shall be responsible for removing all sidewalk café fixtures at least two days prior to the date identified in writing by the Borough. If such temporary removal exceeds fifteen days during any calendar year, the Borough shall apply a credit toward the following year's permit fee for each additional day the sidewalk café is removed. The permittee shall not be entitled to any refund for such removal. The Borough shall not be responsible for any costs associated with the removal or the return and installation of any sidewalk café fixtures.
(3) The Borough may cause the immediate removal or relocation of all or any part of the sidewalk café or its fixtures in emergency situations. The Borough, its officers, agents and employees shall not be responsible for any damages or loss of sidewalk café fixtures relocated during emergency situations and shall not be responsible for any costs associated with the removal or the return and installation of any sidewalk café fixtures.
(4) The sidewalk café, shall be specifically limited to the sidewalk café area shown in the permit.
(5) The permittee shall insure that the sidewalk café does not interfere with or limit the free unobstructed passage of sidewalk users in the approved pedestrian path.
(6) The sidewalk café shall be open for use by the general public and such use may be restricted to patrons of the permittee only during the hours of operation of the sidewalk café.
(7) Tables, chairs, umbrellas, canopies, awnings and any other fixtures used in connection with a sidewalk café shall be maintained with a clean and attractive appearance and shall be in good repair at all times.
(8) Tables, chairs, awnings, canopies, umbrellas and any other decorative material shall be fire-retardant or manufactured of fire resistant material.
(9) No tables, chairs or any other fixtures used in connection with a sidewalk café shall be attached, chained, or in any manner affixed to any tree, post, sign or other fixture.
(10) The sidewalk café area including the area extending from the sidewalk café area to the street and five feet beyond either end, shall be maintained in a neat and orderly appearance at all times and shall be cleared of all debris on a periodic basis during the day and at the close of each business day.
(11) No additional outdoor seating authorized herein shall be used for calculating seating requirements pertaining to the location of, applications for, or issuance of a liquor license for any establishment nor shall the additional seats be used to claim any exemption from any other requirements of any city, county or State codes, ordinances and/or laws.
(12) The opening and closing hours of sidewalk cafés shall be 11:00 a.m. to 10:00 p.m.
(13) Sidewalk cafés serving alcoholic beverages must present a certification.
(14) No food preparation shall be allowed on the sidewalk. There shall be no cooking, storage, cooling or refrigeration or other equipment located in the sidewalk café area.
(15) The permittee is responsible for the repair of any damage to the sidewalk caused by the sidewalk café.
(16) No signs shall be permitted outside the sidewalk café area.
(17) Permittee shall meet all other Borough, County, and State regulations, laws or ordinances.
(I) Denial, Revocation or Suspension of Permit; Removal and Storage Fees; Penalties.
(1) The Borough may deny, revoke or suspend a permit for any sidewalk café for any reason and without penalty upon the giving of thirty days written notice.
(2) The Borough may also deny, revoke or suspend a permit if it is found that:
A. Any required business or health permit or occupational license for the sidewalk café or the abutting business establishment has expired or been suspended, revoked, or canceled.
B. The permittee does not have insurance in effect which complies with the minimum amounts and requirements described in this section.
C. Changing conditions of pedestrian or vehicular traffic cause congestion. Such decision shall be based upon findings of the Borough that the minimum four- foot pedestrian path is insufficient under existing circumstances and represents a danger to the health, safety, or general welfare of pedestrians or vehicular traffic.
D. The permittee has failed to correct violations of the Codes of the Borough or ordinances or conditions of the permit or other applicable laws or regulations within three days of receipt of the Borough's notice of same delivered in writing to the permittee.
(3) Upon denial, suspension or revocation of the permit, the Borough shall give notice of such action to the permittee in writing. In the event the denial, suspension or revocation is based upon paragraph (i)(2)B. or (i)(2)C. hereof, the action shall be effective immediately upon receipt of such notice by the permittee. Otherwise, such notice shall become effective fifteen days from the date of such notice. If the denial, revocation or suspension of the permit is caused by any reason set forth in paragraph (i)(2) hereof, the permittee shall not be entitled to a refund of the annual permit fee or any other fees paid to the Borough for operation of a sidewalk café. Any other revocation or suspension shall entitle the permittee to a refund of the annual permit fee prorated on a per month basis from the date of the notice of such action.
(4) In the event the permittee fails to remove any tables, chairs, canopies, awnings or other fixtures or objects related to the sidewalk café before the date set for in the Borough's notice of denial, revocation or suspension, the Borough may remove such fixtures or objects. The permittee shall be responsible for all expenses incurred by the Borough for the removal and storage of such fixtures or objects.
(5) The penalties for violating the terms of this section are set forth in Section 202.99 of the Administration Code for a general code penalty if no specific penalty is provided.
(Ord. 2428. Passed 5-30-08.)