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(1) Definitions.
(a) Blockface. One side of a segment of a street that does not extend beyond any intersection with another street, or a portion thereof.
(b) Neighborhood Business District. An area within which sidewalk vending is regulated pursuant to this Section, which is designated pursuant to subsection 9-206(10).
(c) Sidewalk. All that area legally open to public use as a pedestrian public way between the curb line and the legal house line of the abutting property.
(d) Stand. Any showcase, table, bench, rack, handcarts, pushcart, stall or any other fixture, device or thing whatever which is used to display, exhibit, carry, transport, store, offer for sale, or sell any food, beverages, goods, wares or merchandise upon the sidewalk.
(e) Sidewalk Vendor. Any person who exhibits, displays, offers for sale or sells any food, beverages, goods, wares or merchandise from any stand while on the sidewalk.
(f) Street Vendor. Any person vending as defined under subsection 9-203(1)(a).
(g) Sidewalk Vendor Location. A specified location within a permitted blockface that is designated and marked by the Department where sidewalk vending may occur.
(h) Street Vendor Location. A specified location within a permitted blockface that is designated and marked by the Department where street vending may occur.
(i) Vendor Site. A specific location within a permitted blockface, that are designated and marked by the Department where sidewalk vending may occur. 460
(j) Department. Department of Licenses and Inspections.
(k) Private-Property Vendor. Any business, not formally associated with any of the non-profit institutions operating in the same Neighborhood Business District, which exhibits, displays, offers for sale or sells any food, beverages. goods, wares or merchandise from a movable structure no greater than thirty feet in any dimension and located on private property.
(2) Exceptions. The provisions of this Section shall not apply to:
(a) The temporary placement of goods, wares, or merchandise on the sidewalk in the ordinary course of delivery, shipment or transfer;
(b) The placing and maintenance of stands and other display or sales devices for the sale, display or offering for sale of newspapers, magazines, periodicals, paperbound books, and the maintenance of lottery machines for the sale of the State Lottery as provided for by the State Lottery Law;
(c) The display and sale of Christmas trees pursuant to a permit issued by the Department during the three (3) weeks prior to December 25;
(e) Sidewalk vending by the owner or tenant of the abutting building that takes place within three feet of said building.
(3) License. It shall be unlawful for any person to engage in the business of a sidewalk vendor or a street vendor within a neighborhood business district without first obtaining a license pursuant to regulations established by the Department. 461
(a) All licenses issued under this Section shall permit the licensee to conduct licensed operations only at the vendor site designated in the license and assigned by the Department, and only at that site. 462
(b) Every license shall be non-assignable and non-transferable.
(4) Identification and License Tags. Each person or his or her employee shall, while engaged in the business of vending under this Section, carry a license on his or her person. In addition to the license, the Department shall issue a neighborhood vending tag for the specific Neighborhood Business District in which sidewalk vending may take place.
(a) Licenses that are renewed shall permit the licensee to continue to vend from the same vendor site as designated in the license being renewed.
(b) Issuance of a license for a particular vendor site is not a guarantee that such vendor site will remain a permitted vending location for the duration of the license or any renewal periods. City Council may by ordinance remove a blockface from the list of designated blockfaces, or reduce the number of vendor sites permitted on such blockface. If City Council removes a blockface from the list of designated blockfaces, vendors licensed for such blockface must apply to the Department for a new blockface. If City Council reduces the number of vendors permitted on a blockface, the Department shall determine which vendor or vendors may no longer vend on such blockface, pursuant to the criteria set forth in subsection 9-206(6).
(6) Vendor Site Selection Process.
(a) Unless otherwise provided with respect to a particular Neighborhood Business District, applicants for vendor sites within a Neighborhood Business District shall be selected according to the number of years the applicant has conducted licensed vending operations within the Neighborhood Business District. The Department shall detail this process by regulation, including provision for lotteries to choose among applicants with equal seniority, and provision for waiting lists.
(b) If a person applies for more than one license within a Neighborhood Business District, such person may have his/her past vending operations considered for a single vendor site.
(7) Trash Removal and Clean Up.
(a) Licensees are responsible for keeping the sidewalk within fifteen feet of their stands clean from all trash generated by their vending operations, and for washing the sidewalk in the area occupied by their stand in the manner and at frequencies specified by the Department by regulation.
(b) Licensees must take with them at the end of each day all trash, litter, garbage, refuse and waste, including but not limited to greasy cooking water, generated by their vending operations. No Licensee may place or deposit any trash, litter, garbage, refuse or any other wastes generated by his or her licensed operations on the sidewalk, in any public receptacle, or on any private property without the express permission of the property owner.
(8) Permitted Stand Designs and Required Stand Maintenance.
(a) Licensed sidewalk vendors may only use stands that have been inspected and approved by the Department and in conformance with design regulations promulgated by the Department. Such regulations shall address the dimensions, structural materials, mobility, and other design aspects of the stands, with the purpose of protecting public safety and ensuring that stands are placed on the public rights-of-way and maintained in a neat, clean and orderly fashion, and ensure that all stands:
(.1) not exceed four feet in width, eight feet in length, or eight feet in height, such dimensions including all merchandise extensions and coverings (provided that the regulations may create exceptions permitting merchandise extensions and coverings to be outside the dimensions of the stand if the public safety and pedestrian right-of-way are protected), but excluding trailer hitches and enclosed propane tanks located above the area occupied by such hitches;
(.2) have storage areas not visible to the public;
(.3) be capable of transporting all vendor's wares such that vendor can set up and break down the stand without placing any objects on the sidewalk or street beyond the four feet by eight feet allowable space;
(.4) be of materials that are durable and easy to clean;
(.5) have advertising and other signage limited to the name of the stand or items sold and listing of items sold and price, in lettering not to exceed prescribed size;
(.6) be readily movable by vendor;
(.7) for stands from which are sold prepared food, produce, flowers, or any other item or items which the Department by regulation designates as generating trash, provide, within the four feet by eight feet by eight feet permitted dimensions of the stand, or above the area occupied by a trailer hitch, at least a twenty (20) gallon capacity trash storage area; and
(.8) not be propelled by an internal combustion engine.
(b) The regulations promulgated to subsection 9-206(8)(a) shall include specifically approved designs. If a licensee wishes to use a design other than one of those specifically approved by regulations, the licensee must submit the proposed stand design, in detail required by the Department, for the Department's approval under the criteria listed in subsection 9-206(8)(a).
(c) Once a licensee's stand design is approved, the Department will photograph the approved stand and no alterations or additions may be made without the Department's approval of the new stand design in accordance with subsection 9-206(8)(b).
(d) The Department shall also promulgate regulations requiring licensees to maintain their cart in clean and good working order so as to fulfill the purpose of this subsection 9-206(8).
(a) conduct him/herself or his/her business in such a way as would restrict or interfere with the ingress or egress of the abutting owner or tenant, or in such a way as would create or become a nuisance or hazard to public health, safety or welfare, or increase traffic congestion or delay, or constitute an obstruction to adequate access to fire, police, or sanitation vehicles;
(b) leave any stand unattended on a sidewalk at any time;
(c) load or unload merchandise for a period exceeding twenty minutes;
(d) conduct licensed operations between eleven p.m. and six a.m.; and
(e) conduct sidewalk sales from a truck or park or maintain any truck in parking spaces adjacent to vendor site, except for brief periods, not to exceed 20 minutes: 466
(.1) as necessary to transport sidewalk stands; and
(.2) as necessary for deliveries, provided that deliveries shall take place only in legal parking spaces or designated loading zones;
(10) Designated Neighborhood Business Districts.
(a) Central Germantown Business District. The area bounded by the east side of Baynton street, the west side of Wissahickon avenue, the south side of Queen lane and the north side of High street. Within this district there shall be a maximum of fifty-five vendor sites permitted on the following blockfaces allocated as per regulations established by the Department.
(b) University City District. 468 The area bounded by the north side of Filbert street from Thirty-fourth to Forty-first streets, the west side of Forty-first street from Filbert street to Baltimore avenue, the south side of Baltimore avenue from Forty-first to Thirty-eighth streets, the west side of University avenue from Baltimore avenue to Civic Center boulevard, the south side of Civic Center boulevard, the south side of Convention avenue, the north side of South street from Convention avenue to Thirty-third street, the east side of Thirty-third street from South street to Walnut street, the south side of Walnut street from Thirty-third street to Thirty-first street, the east side of Thirty-first street from Walnut street to Chestnut street, the south side of Chestnut street from Thirty-first street to Thirty-second street, the east side of Thirty-second street from Walnut street to Sansom street (vacated), the south side of Sansom street (vacated) from Thirty-second street to Thirty-third street, the east side of Thirty-third street from Sansom street (vacated) to Chestnut street, the north side of Chestnut street from Thirty-third to Thirty-fourth streets, and the east side of Thirty-fourth street from Chestnut street to Filbert street.
Vending shall be permitted on the following blockfaces subject to the limits specified below:
(.a) the eastern side of Fortieth street between Locust and Spruce streets (up to five (5) street vending locations);
(.b) the northern side of Market street between Thirty-ninth and Fortieth streets (up to three (3) street vending locations and up to three (3) sidewalk vending locations);
(.c) the western side of Thirty-ninth street between Market and Filbert streets (up to two (2) sidewalk vending locations);
(.d) the eastern side of Thirty-ninth street between Market and Filbert streets (up to two (2) sidewalk vending locations);
(.e) the northern side of Market street between Thirty-sixth and Thirty-eighth streets (up to three (3) sidewalk vending locations);
(.f) the southern side of Market street between Thirty-sixth and Thirty-eighth streets (up to three (3) sidewalk vending locations);
(.g) the northern side of Market street between Thirty-fourth and Thirty-sixth streets (up to five (5) street vending locations and up to three (3) sidewalk vending locations);
(.h) the southern side of Market street between Thirty-fourth and Thirty-sixth streets (up to five (5) street vending locations and up three (3) sidewalk vending locations;
(.i) the western side of Thirty-eighth street between Sansom and Walnut streets (up to two (2) street vending locations and up to three (3) sidewalk vending locations);
(.j) the western side of Thirty-eighth street between Walnut and Locust streets (up to three (3) street vending locations and up to three (3) sidewalk vending locations);
(.k) the western side of Thirty-eighth street between Locust and Spruce streets (up to three (3) street vending locations and up to three (3) sidewalk vending locations);
(.l) the western side of Thirty-eighth street between Spruce street and Baltimore avenue (up to two (2) street vending locations and up to three (3) sidewalk vending locations);
(.m) the northern side of University boulevard between Woodland avenue and Thirty-eighth street (up to five (5) sidewalk vending locations);
(.n) the northern side of Spruce street between Thirty-seventh (vacated) and Thirty-eighth street (up to seven (7) sidewalk vending locations);
(.o) the northern side of Spruce street between Thirty-sixth street (vacated) and Thirty-seventh street (vacated) (up to seven (7) sidewalk vending locations);
(.p) the southern side of Spruce street between Thirty-sixth street (vacated) and Thirty-seventh street (vacated) (up to six (6) sidewalk vending locations);
(.q) the public plaza area in front of the Civic Center Museum Building located at Civic Center boulevard and Convention Center avenue (up to ten (10) sidewalk vending locations);
(.r) the western side of Convention Center avenue between South street and the access road to the University Museum garage (up to three (3) sidewalk vending locations);
(.s) the western side of Convention Center avenue between Civic Center boulevard and the access road to the Penn Tower garage (up to three (3) sidewalk vending locations);
(.t) the eastern side of Thirty-third street, between a point located two hundred fifty (250) feet south of the southeastern corner of Thirty-third and Walnut streets and another point located three hundred seventy- five feet south of the aforementioned corner (up to three (3) sidewalk vending locations);
(.u) The western side of Thirty-sixth Street between Market Street and Chestnut Street (up to one (1) sidewalk vending location). 469
Vending locations on the permitted block faces shall be designated by the Department, taking into account the restrictions set forth in (.f) and (.g).
Street and sidewalk vending shall be prohibited on all other blockfaces contained within the University City District.
(.2) The following special provisions shall apply only within the University City District, and these provisions shall supersede any conflicting general provisions set forth in this Section 9-206 or elsewhere:
(.a) Reserved.
(.b) The Department shall promulgate regulations devising procedures to choose among applicants for a particular blockface or location, including, but not limited to, preference based on seniority. Applicants for vendor sites in the University City District shall be selected by the Department in accordance with such regulations. Such regulations shall provide that there shall be a total of one hundred (100) vendor sites and that no vendor site will remain unlicensed unless there are no applicants for that site or its blockface.
(.c) Vendors licensed pursuant to subsection 9-206(10) may only use conveyances and stands that have been inspected and approved by the Department of Licenses & Inspections and are in conformance with design regulations promulgated by the Department. Such regulations shall require at a minimum that vending stands conform to the requirements of subsection 9-206(9), but may establish additional requirements. The Regulations shall also specify pursuant to subsection 9-206(8)(a)(.1) that extensions to accommodate coolers shall be permitted, up to a distance of two feet, along one side of the stand, provided that such extensions do not rest upon the sidewalk. Regulations for street vendor conveyances shall be promulgated by the Department. Such regulations shall be consistent with Section 9-203 and shall address the dimensions, appearance and other design aspects of street vendor conveyances with the purpose of protecting public safety and ensuring that conveyances placed on the public right-of-way are maintained in a neat, clean and orderly fashion.
(.d) All vendors shall discontinue use of electrical generators employing an internal combustion engine within one year after enactment of this ordinance. Vendors shall have the right to seek permission by enactment of an ordinance for installation of electrical hook-ups at any vendor site. Notice shall be provided to the owner of any properties abutting the proposed location of an electrical hook-up at the time an ordinance authorizing such a hook-up is introduced.
(.e) Vendors shall not park vending conveyances or stands at the vendor sites between the hours of 10:30 p.m. and 5:30 a.m. daily.
(.f) No licensee shall:
(i) conduct him/herself or his/her business in such a way as would restrict or interfere with the ingress or egress of the abutting owner or tenant, or in such a way as would create or become a nuisance or hazard to public health, safety or welfare, or increase traffic congestion or delay, or constitute an obstruction to adequate access to fire, police, sanitation or emergency vehicles;
(ii) leave any stand or conveyance unattended for any period greater than twenty (20) minutes in duration;
(iii) load or unload merchandise for a period exceeding twenty minutes;
(v) vend within ten (10) feet of the extension of legal building lines;
(vi) vend on the medians of divided highways;
(vii) vend within twenty-five (25) feet upstream (in the direction from which vehicular traffic in the nearest curbside lane approaches of any bus stop sign;
(viii) vend within ten (10) feet of subway entrances or exits;
(ix) vend within three (3) feet of mailboxes, telephones, benches, planters and trees;
(x) vend within fifteen (15) feet in the case of sidewalk vendors and thirty (30) feet in the case of street vendors, upstream of any pedestrian street crossing;
(xi) vend within fifteen (15) feet in the case of sidewalk vendors and thirty (30) feet in the case of street vendors, of any alley or driveway;
(xii) vend within five (5) feet in the case of sidewalk vendors and thirty (30) feet in the case of street vendors, of where curbs have been depressed to facilitate pedestrian or vehicular movement;
(xiii) vend in front of any loading dock or loading ramp;
(xiv) vend in a location other than their assigned location; or
(xv) conduct any commercial activity other than the sale of goods, wares and merchandise.
(.g) No sidewalk vendor shall:
(i) conduct sidewalk sales from a motor vehicle, or park or maintain any motor vehicle in parking spaces adjacent to the vendor site;
(ii) vend at any location which would reduce the unobstructed pedestrian right-of-way to less than six and one-half (6.5) feet, such width not to include the width of any grate;
(iii) vend on any portion of a sidewalk directly in front of any building entrance;
(iv) vend within ten (10) feet of a fire hydrant; or
(v) vend more than eighteen (18) inches from the curb line except that with the express, written consent of the abutting owner a sidewalk vendor may place a stand at the building line.
(.h) Street vendors shall be subject to all provisions and restrictions applicable to street vendors generally, as provided in Section 9-203 or other applicable law, except that the specific provisions of this Section 9-206 shall control if they conflict with other provisions applicable to street vendors.
(.i) Street vendors shall remove all conveyances from the public right-of-way within thirty minutes of ceasing business operations each day.
(.1) Boundaries; Number and Location of Vendors. The North Front Street District shall consist of the 2300 block of North Front street. Within the North Front Street District, a maximum of four (4) vendor sites shall be permitted in the public right-of-way, with one such site located at each of the following locations: 2309 - 2311 North Front street; 2318 - 2324 North Front street; 2321 - 2325 North Front street; and 2342 - 2346 North Front street.
(.1) Definition of District. The 52nd Street Business District for Sidewalk Vending shall consist of both sides of 52nd street from Arch street on the north to Walnut street on the south.
(.2) Number and location of permitted sidewalk vendors. Within the 52nd Street Business District for Sidewalk Vending, a maximum of fifty-six (56) sidewalk vendor locations shall be permitted, with the number of sidewalk vendors along each blockface as follows:
(.a) Five (5) sidewalk vendor locations on the western side of 52nd street between Arch and Filbert streets;
(.b) Four (4) sidewalk vendor locations on the western side of 52nd street between Filbert and Market streets;
(.c) Ten (10) sidewalk vendor locations on the eastern side of 52nd street between Arch and Market streets;
(.d) Five (5) sidewalk vendor locations on the western side of 52nd street between Market and Ludlow streets;
(.e) Five (5) sidewalk vendor locations on the western side of 52nd street between Ludlow and Chestnut streets;
(.f) Eight (8) sidewalk vendor locations on the eastern side of 52nd street between Market and Chestnut streets;
(.g) Five (5) sidewalk vendor locations on the western side of 52nd street between Chestnut and Sansom streets;
(.h) Five (5) sidewalk vendor locations on the western side of 52nd street between Sansom and Walnut streets;
(.i) Four (4) sidewalk vendor locations on the eastern side of 52nd street between Chestnut and Sansom streets; and
(.j) Five (5) sidewalk vendor locations on the eastern side of 52nd street between Sansom and Walnut streets.
(.3) Permitted Vending Stand Dimensions and Design. Vending stands shall conform to the requirements of subsection 9-206(8), except that stands must meet the following exact dimensions: seventy-eight and five-sixteenth (78-5/16) inches in height; eighty-four (84) inches in length; and forty-eight (48) inches in width.
(.4) Selection of vendors. Applicants for vendor sites within this District shall be selected according to the number of years the applicant has conducted licensed vending operations within the 52nd Street Business District for Sidewalk Vending. The Department is authorized to promulgate regulations detailing the selection process including providing for lotteries to choose among applicants with equal seniority. The Department, by regulation, shall also provide for a waiting list in order to select other vendors who desire to conduct vending activity in the 52nd Street Business District for Sidewalk Vending should approved vending sites become available.
(.5) No Vendor shall:
(.a) conduct him/herself or his/her business in such a way as would restrict or interfere with the ingress or egress of pedestrians or the abutting owner or tenants, or in such a way as would create or become a nuisance or hazard to public health, safety or welfare, or increase traffic congestion or delay, or constitute an obstruction to adequate access to fire, police, sanitation or emergency vehicles;
(.b) vend within twenty-five (25) feet of another sidewalk vendor location;
(.c) also conduct sales as the owner or tenant of a property located within the District;
(.d) conduct sales utilizing more than two (2) sales people at a time or allow non-customers to congregate at or around the sidewalk vending location;
(.e) leave any stand or conveyance unattended at any time; except that after its business operations for each day have ceased, the stand may be left at its assigned location;
(.f) load or unload merchandise for a period exceeding twenty minutes;
(.g) conduct sales between the hours of 10:00 p.m. and 6:00 a.m.;
(.h) vend within ten (10) feet of the legal building lines;
(.i) vend within twenty-five (25) feet upstream (in the direction from which vehicular traffic in the nearest curbside lane approaches) of any bus stop sign;
(.j) vend within ten (10) feet of Elevated Train line entrances or exits;
(.k) vend within three (3) feet of mailboxes, telephones, benches, planters and trees;
(.l) vend within fifteen (15) feet upstream of any pedestrian street crossing;
(.m) vend within fifteen (15) feet of any alley or driveway;
(.n) vend within five (5) feet of where curbs have been depressed to facilitate pedestrian or vehicular movement;
(.o) vend in front of any loading dock or loading ramp;
(.p) vend in a location other than the assigned location;
(.q) conduct any commercial activity other than the sale of goods, wares and merchandise;
(.r) conduct sales from a motor vehicle, or park or maintain any motor vehicle in parking spaces adjacent to the vendor site except for brief periods not to exceed 20 minutes for the purpose of transporting vending stands and merchandise;
(.s) vend at any location which would reduce the unobstructed pedestrian right-of-way to less than six and one-half (6.5) feet, such width not to include the width of any grate;
(.t) vend on any portion of a sidewalk directly in front of any building entrance;
(.u) vend within ten (10) feet of a fire hydrant;
(.v) vend more than eighteen (18) inches from the curb line except that with the express, written consent of the abutting owner a sidewalk vendor may place a stand at the building line;
(.w) conduct unauthorized sales of copyrighted or patented goods.
(.1) Boundaries, Number and Location of Vendors. The Morris Street District shall consist of the 1400 block of Morris street, south side, and 1421 West Passyunk avenue. Within the Morris Street District, a maximum of three (3) vendors shall be permitted in the public right of way, at the following locations: 1400 block of Morris street, two (2) vendors; 1421 West Passyunk avenue, one (1) vendor.
(f) Germantown Corridor Business District. 475 The area of Germantown avenue between York street and Butler street. Within this district there shall be a maximum of 22 vendor sites permitted on blockfaces allocated as per regulations established by the Department. Sidewalk sales shall be permitted only if the vendor or person exclusively exhibits, displays, offers for sale or sells goods, wares, or merchandise that are different in kind from those exhibited, displayed, offered for sale or sold by owners or tenants on the abutting property. Once a sidewalk vendor has been licensed and designated a specific vending location by the Department pursuant to this Section, any subsequent change in goods sold by an abutting store owner that thereby creates a direct conflict with goods sold by the sidewalk vendor shall not be considered a violation of this subsection.
(.1) The Oregon Avenue Business Corridor District shall consist of both sides of Oregon avenue from 3rd street to 15th street, both sides of 15th street from Packer avenue to Oregon avenue, both sides of Packer avenue from 15th street to 3rd street, both sides of 3rd street from Packer avenue to Oregon avenue, and both sides of Front street from Oregon avenue to Pattison avenue, and shall also include the 3300 block of south Galloway street.
(.2) Number and location of permitted vendors. Within this Neighborhood Business District a maximum of five sidewalk and/or street vendors shall be permitted in the public right-of-way, with one such site located at each of the following locations:
(.a) The southern side of Oregon avenue within 50 feet of 10th street.
(.b) The northern side of Oregon avenue within 50 feet of 10th street.
(.c) The northeast corner of 15th street and Packer street.
(.d) The eastern side of the 3300 block of south Galloway street.
(.e) The northwest corner of Front street and Pattison avenue.
(.3) Selection of vendors. Applicants for vendor sites within this district shall be selected according to the number of years the applicant has conducted vending operations within the Neighborhood Business District. The Department is authorized to promulgate regulations detailing a process to provide for a waiting list in order to select other vendors who desire to conduct vending activity in the designated area should one of the current sidewalk vendors vacate its approved vending location. For the purpose of establishing whether a vendor currently conducts vending activity at one of the approved locations, the applicant may offer as evidence any City issued certificates, permits, or licenses related to its current sidewalk vending operation.
(.4) Temporary vending permits. Notwithstanding the limitation on the number of sidewalk and street vendors in this district, a total of ten (10) additional sidewalk vendors may obtain temporary vending permits from the Department for the sale of Christmas trees, mothers' day flowers, and other seasonal events.
(.1) Definition of District. The Woodland Avenue Business District for Sidewalk Vending shall consist of both sides of Woodland Avenue from 48th Street on the east to 58th Street on the west.
(.2) Number and location of permitted sidewalk vendors. Within the Woodland Avenue Business District for Sidewalk Vending, a maximum of ninety (90) sidewalk vendor locations shall be permitted, with the number of sidewalk vendors along each blockface as follows:
(.a) Fourteen (14) sidewalk vendor locations on the south side of Woodland Avenue between 48th and 50th streets;
(.b) Four (4) sidewalk vendor locations on the north side of Woodland Avenue between 48th and 50th streets;
(.c) Eleven (11) sidewalk vendor locations on the south side of Woodland Avenue between 50th and 52nd streets;
(.d) Three (3) sidewalk vendor locations on the north side of Woodland Avenue between 50th and 52nd streets;
(.e) Nine (9) sidewalk vendor locations on the south side of Woodland Avenue between 52nd and 54th streets;
(.f) Thirteen (13) sidewalk vendor locations on the north side of Woodland Avenue between 52nd and 54th streets;
(.g) Five (5) sidewalk vendor locations on the south side of Woodland Avenue between 54th and 56th streets;
(.h) Twelve (12) sidewalk vendor locations on the north side of Woodland Avenue between 54th and 56th streets;
(.i) Eleven (11) sidewalk vendor locations on the south side of Woodland Avenue between 56th and 58th streets; and
(.j) Eight (8) sidewalk vendor locations on the north side of Woodland Avenue between 56th and 58th streets.
(.3) Special Provisions for Woodland Avenue Business District for Sidewalk Vending.
(.a) Beginning July 1, 2015, the Department is authorized to issue a single sidewalk vending license governing multiple sidewalk vending spaces as defined in this Section in the area defined in subsection 9-206(10)(h). Any such license shall be renewable annually as provided in subsection 9-206(5). Eligibility for such license shall be limited to business associations and non-profit organizations associated with that vending area and shall be awarded based on ability to manage the allocation of vending spaces. An applicant for such license shall provide the name and contact information of a person who may be contacted regarding compliance with this Section, and an address at which the organization will receive mail and accept service.
(.b) Such organizations shall be responsible for allocating the spaces designated in the license among vendors who seek to use such spaces. Preference shall be given to persons holding licenses before July 1, 2015, and who have regularly occupied or vended at the licensed location. Remaining spaces shall be distributed in an equitable manner, such as first-come first-serve, a lottery or other equitable system.
(.c) The organization shall require payment of the fee for each space used, as well as reasonable administrative costs, as a condition of qualification for use of a space. The amount of the fee charged and any administrative costs assessed shall be the same for each vendor in this District, and shall be approved in advance by the Department.
(.d) The organization shall provide by agreement with each vendor that the vendor shall comply with all provisions of this Section 9-206 and all other applicable laws.
(.e) The organization and each individual vendor shall each be responsible for compliance with this Section 9-206.
(.f) At least annually, in connection with the renewal of its license, the licensee organization shall provide a report to the Department, containing a list of the vendors currently licensed to vend in this District, and the amount of any fees proposed to be charged to vendors for the next license period.
(.a) vend within ten (10) feet of another sidewalk vendor location;
(.b) also conduct sales as the owner or tenant of a property located within the District;
(.c) conduct sales utilizing more than three (3) sales people at a time or allow non-customers to congregate at or around the sidewalk vending location;
(.d) leave any stand or conveyance unattended at any time;
(.e) conduct sales between the hours of 10:00 p.m. and 5:00 a.m.;
(.f) vend within ten (10) feet of the legal building lines;
(.g) vend within fifty (50) feet upstream (in the direction from which vehicular traffic in the nearest curbside lane approaches) of any bus stop sign;
(.h) vend within ten (10) feet of mailboxes, telephones, benches, planters and trees;
(.i) vend within ten (10) feet upstream of any pedestrian street crossing;
(.j) vend within ten (10) feet of any alley or driveway;
(.k) vend within ten (10) feet of where curbs have been depressed to facilitate pedestrian or vehicular movement;
(.l) vend in front of any loading dock or loading ramp;
(.m) conduct any commercial activity other than the sale of goods, wares, merchandise;
(.n) vend at any location which would reduce the unobstructed pedestrian right-of-way to less than six and one-half (6.5) feet, such width not to include the width of any grate;
(.o) vend on any portion of a sidewalk directly in front of any building entrance;
(.p) vend within fifteen (15) feet of a fire hydrant.
(.1) Boundaries. The area bounded by Diamond Street to the north; 10th Street to the East; Oxford Street to the South; and 16th Street to the West.
(.2) Number and locations of permitted vendors. Within the Temple University District a combined maximum of fifty (50) locations, for sidewalk vendors (as defined in Section 9-206) and street vendors (as defined in Section 9-203) shall be designated for vending in the public right-of-way. There shall be a limit of one (1) location per vendor/franchise owner in this district. Vending shall be permitted on the following blockfaces subject to the limits specified below:
(.a) the northern side of Norris street from a point three hundred fifty-five (355) feet east of the east side of Broad street for a distance of one hundred seventy-five (175) feet totaling no more than five (5) thirty- five (35) feet street vending locations numbered A1 through A5;
(.b) the western side of 13th street from a point thirty (30) feet north of the northern side of Norris street for a distance of sixty (60) feet totaling no more than three (3) twenty (20) feet sidewalk vending locations numbered B1 through B3;
(.c) the eastern side of 13th street from a point thirty (30) feet north of the northern side of Norris street for a distance of sixty (60) feet totaling no more than two (2) thirty (30) feet street vending locations numbered C1 and C2;
(.d) the northern side of Norris street from a point thirty-five (35) feet east of the eastern side of 13th street for a distance of one hundred twenty (120) feet totaling no more than four (4) thirty (30) feet street vending locations numbered D1 through D4;
(.e) the northern side of Norris street from a point two hundred seventy-five (275) feet east of the eastern side of 13th street for a distance of ninety (90) feet totaling no more than three (3) thirty (30) feet street vending locations numbered E1 through E3;
(.f) the western side of 12th street from a point forty-five (45) feet south of the southern side of Norris street for a distance of two hundred forty (240) feet totaling no more than six (6) forty (40) feet street vending locations numbered F1 through F6. Vendors shall not encroach onto the entrance to the Biology - Life Sciences Building;
(.g) the southern side of Montgomery avenue from a point 20 feet west of the western side of 12th street for a distance of 90 feet totaling no more than six (6) fifteen (15) feet sidewalk vending locations numbered G1 through G6;
(.h) the southern side of Montgomery avenue from a point one hundred ninety (190) feet west of the western side of 12th street for a distance of one hundred seventy-five (175) feet totaling no more than five (5) thirty-five (35) feet street vending locations numbered H1 through H5;
(.i) not used;
(.j) the southern side of Montgomery avenue from a point fifty (50) feet west of the western side of 13th street for a distance of one hundred seventy-five (175) feet totaling no more than five (5) thirty-five (35) feet street vending locations numbered J1 through J5;
(.k) the southern side of Montgomery avenue from a point three hundred forty (340) feet west of the western side of 13th street for a distance of two hundred ten (210) feet totaling no more than six (6) thirty-five (35) feet street vending locations numbered K1 through K6;
(.l) the western side of 13th street from a point twenty (20) feet south of the southern side of Montgomery avenue for a distance of seventy-five (75) feet totaling no more than five (5) fifteen (15) feet sidewalk vending locations numbered L1 through L5;
Vending locations on the permitted blockfaces shall be designated by the Department taking into account the following restrictions:
(.3) The following special provisions shall apply only within the Temple University District, and these provisions shall supersede any conflicting general provisions set forth in this Section 9-206 or elsewhere:
(.a) Vendor trucks and carts shall be limited in size as follows: (Note: Any nonconforming street vendors trucks currently vending in this District may remain until such time as the trucks are replaced.)
(i) Street Vendor trucks shall be limited in total length such that there shall be a minimum of five (5) feet between the end of the truck and the end of its assigned space; width shall be limited per Commonwealth of Pennsylvania Department of Transportation requirements.
(ii) Sidewalk Vendor carts shall conform to the restrictions of subsection 9-206(8)(a)(.1).
(.b) All vendor spaces within this district shall be controlled by the City of Philadelphia pursuant to this Section 9-206 and other applicable ordinances, and shall comply with applicable regulations of Temple University. Such spaces shall be non-assignable and non-transferable.
(.c) All vendors shall procure and display a current Temple University District vending license.
(.d) Vendors shall furnish and install permitted electric utility connections for required power. They shall be liable for all utility usage charges.
(.e) Portable generators of any kind are prohibited.
(.f) Potable water connections and sewer connections are prohibited.
(.g) Vendors shall remain in continuous operation; vendors may close for a period of up to one (1) month with written notification to the University and the City of Philadelphia Department of Licenses and Inspections Vendor Unit. Failure to make required notifications will result in removal (towing) of truck. All associated fees will be borne by the vendor.
(.h) All vendors shall maintain their vehicles/carts as required by City ordinance. In addition all trucks and carts shall be road worthy at all times and vendors shall move their trucks or carts when required by City ordinance or by order of the Streets Department.
(.i) All vendors shall be open a minimum of four (4) days per week year round.
(.j) All vendors shall relocate at the request of the University or City of Philadelphia; this request may be for maintenance or other good cause for a City or University purpose. Efforts will be made to relocate vendors to a temporary or new permanent location within the District.
(.k) Vendors shall provide receptacles and be responsible for removal of trash. No vendor shall use University trash receptacles or dumpsters.
(.l) Vendors shall not park private vehicles between trucks; all vehicles must be parked in legal street locations or available parking lots.
(.m) Vendor deliveries shall be between the hours of 6:00 am to 7:30 am and 6:30 pm to 8:30 pm. In no case shall deliveries block active city streets nor cause delays in traffic flow along said streets.
Street and sidewalk vending shall be prohibited on all other blockfaces contained within the Temple University District.
(.1) A special vendor district is hereby created, by this Section and by Section 9-203(8.1) of this Code, exclusively for sidewalk vendors and street vendors on North Twentieth street, west side, between West Clarkson avenue and Belfield avenue. The following provisions shall apply to such special district:
(.2) Sidewalk vending and street vending shall be permitted only from Monday through Saturday, and only between the hours of 8:00 a.m. and 5:00 p.m.
(.3) The Department shall designate two (2) permitted sidewalk vendor locations within the special district. No sidewalk vendor may vend within the special district unless such vendor has been assigned by the Department to a particular location within the special district.
(.4) Sidewalk vendors shall vend at a distance of at least thirty (30) feet from other sidewalk vendors.
(.5) The Department shall determine which sidewalk vendors shall initially be assigned to the two (2) permitted locations within the special district, provided that priority shall be given to sidewalk vendors located on West Olney avenue from Church Lane to Ogontz avenue as of September 25, 2017. Thereafter, the Department shall maintain a waiting list for any sidewalk vending locations within the special district which may later become available.
(.6) Sidewalk vendors within the special district shall be subject to all provisions applicable to sidewalk vendors generally, as provided in this Section and any other provision of this Code or other applicable law.
(.1) Boundaries. The Northeast District for Sidewalk Vending shall consist of the south side of Cottman avenue between Bustleton avenue and Bradford street and the east side of Bustleton avenue between Cottman avenue and Saint Vincent street.
(.2) Number and Location of Vendors. Within this district, a maximum of eight (8) sidewalk vending locations shall be permitted in the public right-of-way, with the number of sidewalk vendors along each blockface as follows:
(.a) Four (4) sidewalk vending locations on the south side of Cottman avenue between Bustleton avenue and Bradford street; and
(.b) Four (4) sidewalk vending locations on the east side of Bustleton avenue between Cottman avenue and Saint Vincent street.
(.3) Selection of Vendors. Applicants for vendor sites within this District shall be selected according to the number of years the applicant has conducted licensed vending operations within the District. The Department is authorized to promulgate regulations detailing a process to provide for a waiting list in order to select other vendors who desire to conduct vending activity in the District should an approved vending site become available. For the purpose of establishing whether a vendor currently conducts vending activity at one of the approved locations, the applicant may offer as evidence any City-issued certificates, permits, or licenses related to its current sidewalk vending operation.
(11) Consultation with neighborhood organizations. In implementing and enforcing the provisions of this Section, the Department shall consult with any organization(s) representing merchants, vendors and/or residents within the effected Neighborhood Business District.
(12) Penalties; License Suspension, Revocation and Loss of Assigned Location.
(a) The penalty for violation of any provision of this Section, in addition to the penalties contained in Section 9-105 and any other sanctions provided, a fine not exceeding three hundred dollars ($300) for each offense. Each day of violation shall be deemed a separate offense. Violations may result in a license suspension of up to thirty (30) days, or license revocation. Violations of subsection 9-206(7) shall result in a license suspension of up to one (1) week. An order of the Department revoking a license shall also specify when the licensee may reapply for a license, which shall be not less than ninety (90) days nor more than one (1) year from the date of revocation. Persons reapplying for licenses after having their licenses revoked shall be assigned locations pursuant to subsection 9-206(6) as if they were new applicants not previously licensed.
(b) In addition to the penalties provided above, the Department is authorized, when a uniformed police officer or a campus police officer, as defined under Section 2416 of the Administrative Code of 1929 (P.L. 177 No. 175), as amended, is present, to remove any stand, equipment, goods, wares, merchandise or any other article or thing held for sale by any licensee who uses the sidewalk or streets in violation of this Section and refuses to comply immediately with this Section upon written notice of violation and an order to vacate the sidewalk or streets. The licensee shall be immediately notified of the place where his/her property can be reclaimed and shall be entitled to claim said property immediately upon payment of the cost of removal. 481
(c) Any license issued under this Section may also be revoked for any of the following reasons:
(.1) fraud, misrepresentation or knowingly false statement contained in the application for the license; or
(.2) fraud, misrepresentation or knowingly false statement in the course of carrying on licensed operations.
(d) Whenever a licensee's license is revoked under this subsection, the location to which the licensee had been assigned shall be reassigned in accordance with the procedures established to subsection 9-206(6)(a).
(13) Construction.
(a) No part of this Section or the Section itself shall be construed to be in amplification or derogation of the rights or responsibilities of abutting property owners. Any remedy, right or obligation provided to such owners of property or their successors in interest under the law of real property or the laws of the Commonwealth of Pennsylvania shall be in addition to the remedies, rights, obligations or penalties provided hereunder.
Notes
| 459 | Added and former Section 9-206 renumbered to Section 9-210, 1994 Ordinances, p. 734. Effective in 60 days. Amended, Bill No. 980022 (approved May 14, 1998), effective August 12, 1998. |
| 460 | This definition appeared as subsection (1)(f) when Section 9-206 was added to the Code in 1994. Bill No. 980022 (approved May 14, 1998), added new subsections beginning with (1)(f), without repealing former subsection (1)(f). To correct that error, the Code editor moved the definition of "Vendor Site" from (1)(f) to (1)(i), a subsection that was "reserved" in Bill No. 980022. |
| 461 | Amended, Bill No. 980022 (approved May 14, 1998), effective August 12, 1998. |
| 462 | Amended, Bill No. 980022 (approved May 14, 1998), effective August 12, 1998. |
| 463 | |
| 464 | Amended, Bill No. 980022 (approved May 14, 1998), effective August 12, 1998. |
| 465 | Amended, Bill No. 960085-A (approved December 21, 1999). |
| 466 | Amended and subsections (.1) and (.2) added, Bill No. 980022 (approved May 14, 1998), effective August 12, 1998. |
| 467 | Added, Bill No. 960085-A (approved December 21, 1999). |
| 468 | Added, Bill No. 980022 (approved May 14, 1998), effective August 12, 1998. |
| 469 | Added, Bill No. 180814 (approved October 31, 2018). |
| 470 | Enrolled bill read "conducted". Bill No. 980022 (approved May 14, 1998). |
| 471 | Amended, Bill No. 170164 (approved April 4, 2017). |
| 472 | Added, Bill No. 970551 (approved June 6, 1998), effective August 5, 1998. Enrolled bill designated this as subsection (b); renumbered as subsection (c) by Code editor. |
| 473 | Former subsection (d) added by Bill No. 970675 (approved June 24, 1998). Enrolled bill designated this as subsection (b); renumbered as subsection (d) by Code editor. Deleted, Bill No. 980721 (approved December 15, 1998). Enrolled bill designated deleted material as subsection (b); renumbered subsection (d) deleted by Code editor. Current subsection (d) added by Bill No. 110132 (approved July 19, 2011). |
| 474 | Added, Bill No. 990422 (approved December 21, 1999). |
| 475 | Added, Bill No. 040271 (approved May 6, 2004). |
| 476 | |
| 477 | Added, Bill No. 150439-A (approved September 29, 2015). |
| 478 | Added, Bill No. 150498 (approved September 8, 2015). |
| 479 | Added, Bill No. 171013 (approved January 3, 2018). |
| 480 | Added, Bill No. 230856 (approved December 20, 2023). |
| 481 | Amended, Bill No. 980022 (approved May 14, 1998), effective August 12, 1998. |
| 482 | Amended, Bill No. 980022 (approved May 14, 1998), effective August 12, 1998. |
(1) Prohibitive Conduct. No person who owns, operates or controls or who is employed in the business of repairing motor vehicles shall use any portion of City sidewalks or streets, including parking spaces, for the repair, sale or temporary placement of motor vehicles. The prohibitions of this Section apply whether or not the person engaged in such conduct is lawfully authorized or licensed to repair vehicles.
(2) Exemptions. The provisions of this Section shall not apply to emergency road service performed more than 500 feet from premises used for the repair of motor vehicles.
(3) Penalty. The penalty for violation of this Section shall be a fine of three hundred dollars ($300) per vehicle, per day, plus costs.
Notes
| 483 | Added, 1963 Ordinances, p. 1102; amended, Bill No. 758 (approved July 24, 1995), 1995 Ordinances, p. 1081; Caption and Section amended, Bill No. 210672
(approved January 18, 2022). |
(1) Definitions.
(a) Establishment. Any place or premises, whether public or private, where any person conducting any enterprise, occupation, vocation or business, whether or not for profit and whether temporarily or permanently located.
(b) Food. Every substance intended for human consumption, whether in solid or liquid form, excluding any substance the sale of which is regulated by the Pennsylvania Liquor Control Board.
(c) Restaurant. Any establishment where food is handled or sold, provided that said establishment is located in a permanent structure.
(d) Sidewalk Café. An open-air space on the public sidewalk directly abutting, adjacent and contiguous to a restaurant or any premises licensed by the Pennsylvania Liquor Control Board, pursuant to regulations (40 Pa. Code Chapter 7, Subchapter B, § 7.21) of the Board, to conduct business on the above-mentioned premises, where food is served at tables and chairs. 485
(e) Outdoor Entertainment. Entertainment, including but not limited to, music, television, and performances that are provided by a business with a sidewalk café permit, streetery, temporary street closure, or temporary lot closure for their patrons outside. Outdoor Entertainment shall exclude adult cabarets. 486
(2) Location. Notwithstanding any provision of Section 9-205, a sidewalk café may be maintained (i) within the area bounded by the Delaware River, the south houseline of South street, the center line of Third street, the south houseline of Bainbridge street, the Schuylkill River and the north houseline of Fairmount avenue; (ii) on Broad street, between Bainbridge street and the north houseline of Washington avenue; (iii) within the area bounded by the south side of Shurs lane to the north side of Green lane and the east side of Cresson street to the Schuylkill River; (iv) on East Passyunk avenue, both sides, between Broad street and Federal street; (v) on Ninth street, both sides, between Christian street and Federal street; (vi) on Germantown avenue, both sides, from Washington lane to Creshiem Valley road; (vii) on Germantown avenue, both sides, from Creshiem Valley road to Rex avenue; (viii) on Bethlehem pike, both sides, from Germantown avenue to Newtown street; (ix) on Ridge avenue, both sides, from Rochelle avenue to Domino lane; (x) on Frankford avenue, both sides, from Harbison avenue to Sheffield avenue; (xi) on Cottman avenue, both sides, from Erdrick street to Leon street; (xii) on Ryan avenue, both sides, from Frankford avenue to Leon street; (xiii) on Robbins street, both sides, from Frankford avenue to Mulberry street; (xiv) on Sackett street, both sides, from Frankford avenue to Levick street; (xv) within the area bounded by the west side of Frankford avenue, the north side of Levick street, the east side of Hawthorne street and the south side of Hellerman street; (xvi) on Torresdale avenue, both sides, from Knorr street to Tyson avenue; (xvii) on Princeton avenue, both sides, from Marsden street to Tulip street; (xviii) within the area bounded by the east side of Roosevelt boulevard, the south side of Saint Vincent street, the west side of Brous avenue, and the north side of Tyson avenue; (xix) on Cottman avenue, both sides, from Roosevelt boulevard to Brous avenue; and (xx) on the south side of Cottman avenue, from to Brous avenue to Barnard avenue; provided that the conditions of this Section are complied with. 487
(3) License, Indemnification and Other Conditions. 488 No person shall erect, construct or maintain a sidewalk café, either where permitted by subsection (2) or where permitted pursuant to special ordinance, unless he has obtained a sidewalk café license from the Department of Licenses and Inspections. No license shall be issued unless:
(a) Such person submits the materials required pursuant to subsection (4) to the Department and the Department determines that the location at which the sidewalk café is proposed is a permitted location, either pursuant to this Section or pursuant to special ordinance, and determines that the restaurant to which the proposed sidewalk café is accessory has all other necessary licenses and permits;
(b) The Department of Streets has determined, and advises the Department of Licenses and Inspections, that the proposed café meets the placement requirements of subsection (6);
(c) The licensee agrees in writing, in a form satisfactory to the City Solicitor, to remove the sidewalk café after written notice has been given by the Department of Licenses and Inspections that either:
(.1) the Department of Streets has determined that the sidewalk café no longer meets the placement requirements of subsection (6); the sidewalk café must be removed to accommodate a municipal or municipally sponsored public project; or the Streets Department has granted a temporary permit to close the sidewalk; or
(.2) the Department of Licenses and Inspections has determined that the sidewalk café is no longer being used as such; the restaurant to which the café is accessory has been temporarily or permanently closed for violation of any City, state or federal law and/or regulation; or the sidewalk café is being operated in violation of any ordinance, rule or regulation of the City of Philadelphia;
(d) The licensee agrees in writing in form satisfactory to the City Solicitor to indemnify and hold harmless the City, its officers, employees and agents from and against any and all loss resulting from injury to, or death to persons or damage to property arising out of, resulting from, or in any manner caused by the presence, location, use, operation, installation, maintenance, replacement or removal of, such sidewalk café, or by the acts or omissions of the employees or agents of the licensee in connection with such café. The licensee shall also agree to release the City from any and all claims relating to its sidewalk café, including, but not limited to, loss of business and/or value of the sidewalk café when it is ordered removed or when street, sidewalk or utility construction occurs;
(e) The licensee agrees in writing in form satisfactory to the City Solicitor to obtain and maintain in full force and effect, at the licensee's own expense, an insurance policy naming the City of Philadelphia as an additional insured. The policy shall afford comprehensive general liability insurance including contractual liability insurance covering the licensee's indemnification and hold harmless obligations under subsection (d) above and shall provide that the Law Department be notified upon the expiration of coverage in the event the policy is cancelled or the applicant fails to renew the café license. Within ten (10) days of the approval of the sidewalk café license application, and each year thereafter, the licensee shall submit a certificate of insurance in accordance with the agreement and maintain a copy on the premises for review;
(f) The licensee obtains a bond with corporate surety in amount approved by the Streets Department and in form satisfactory to the Law Department to cover indemnification of the City for the cost of removal of any part of the sidewalk café, restoration of the public right-of-way, and all incidental costs; and
(g) The licensee pays an annual fee of one hundred eighty dollars ($180). Such fee shall be in addition to any fees for other permits and licenses necessary for the operation of the restaurant to which the sidewalk café is accessory. All sidewalk café licenses shall be issued for a one-year period established by the Department of Licenses and Inspections. 489
(a) Applications for sidewalk café licenses shall be made on forms provided by the Department of Licenses and Inspections. Applicants must submit the following with the application:
(.1) The name of the applicant, the relationship of the applicant to the restaurant to which the café is accessory (owner, manager, etc.) and the street address of the property where the sidewalk café is proposed. If the applicant is other than the owner of the building abutting the location of the proposed sidewalk café, the applicant must provide written authorization from the property owner stating that the property owner has no objection to the sidewalk café;
(.2) Four copies of a plan drawn to minimum scale of 1/4" = 1' showing:
(.a) Dimensions of the proposed sidewalk café boundaries, including the building line of the existing building;
(.b) Existing sidewalk widths;
(.c) The location of all transit stops within fifteen (15) feet of the property line and its abutting sidewalk; and
(.d) All sidewalk obstructions, including, but not limited to: poles, parking meters, telephone stands, trees, cellar doors, etc. within ten (10) feet of the outer edge of the proposed sidewalk café;
(.3) Three color photographs, at least 5" x 7", showing the complete area of the building facade. This will necessitate three different photo angles;c
(.4) A non-refundable application fee of one hundred eighty dollars ($180). When a license is granted, the application fee shall be credited towards the first year's license fee. 491
(b) The applicant shall be provided with the current form of the written agreements required pursuant to subsection (4) at the time the application is made.
(c) Approval or disapproval of a license to operate a sidewalk café must be issued within thirty (30) days after the applicant complies with all the requirements as set forth in this Section.
(d) A recipient of a Sidewalk Café permit, or a recipient of a streetery permit or temporary street closure permit, pursuant to regulations, shall be eligible to provide Outdoor Entertainment until December 31, 2021, so long as all other provisions of the Philadelphia Code are adhered to, including the following: 492
(.1) This provision shall apply retroactively to any applicant that had prior approval for a sidewalk café permit, streetery-street closure, or temporary lot closure.
(.2) Permittees must notify the City, through the streetery@phila.gov email address, that an Outdoor Entertainment performance is scheduled seventy-two (72) hours in advance of the Outdoor Entertainment performance taking place. The Streets Department may, by regulation, extend the notification requirement for significant geographic areas of the City when there is a determination that a longer notification period is necessary to ensure that the health and public safety of this significant geographic area of the City is sufficiently considered and addressed. In this notification, permittees must certify that:
(.a) they have read, understand, and will comply with the City's COVID safety guidelines relating to entertainment, dining, and leisure, and;
(.b) they will comply with any regulations promulgated by the City pursuant to this legislation.
(.3) Performers must wear a face mask at all times during an Outdoor Entertainment performance unless:
(.a) all performers stand more than twenty (20) feet from members of the public; or
(.b) performers perform behind a plexiglass barrier that will sufficiently prevent respiratory droplets from travelling from any performer to a member of the public.
(.4) All equipment must be removed at the conclusion of each Outdoor Entertainment performance.
(.5) A permittee that receives more than one violation notice for failure to maintain an Americans with Disabilities Act-compliant pedestrian path, shall be prohibited from providing Outdoor Entertainment.
(.6) There shall be no more than two (2) Outdoor Entertainment performances per City block, at any given time.
(.7) Until June 15, 2021, Outdoor Entertainment performances shall require a footway closure permit from the Streets Department, issued at the discretion of the Streets Commissioner.
(.8) After June 15, 2021, Outdoor Entertainment performances shall no longer require a footway closure permit from the Streets Department, however, the City reserves the right to deny the right to conduct Outdoor Entertainment performances on the basis of right-of- way conflicts, public safety concerns, history of violations, or history of complaints. Such denials will be provided in writing with the cause identified.
(.9) The Streets Department may, by regulation, restrict the hours that Outdoor Entertainment performances may occur for significant geographic areas of the City when there is a determination that shorter Outdoor Entertainment performance hours are necessary to ensure that the health and public safety of this significant geographic area of the City is sufficiently considered and addressed.
(a) Within five (5) days of the filing of an initial application for a sidewalk café license, the applicant shall give public notice of the application by posting at a conspicuous location in the front window or on the front door of the restaurant to which the sidewalk café will be accessory a form approved by the Streets Department. The applicant is responsible for assuring that such notice is posted continuously for a minimum of ten (10) consecutive days, and no license shall issue prior to the completion of at least ten (10) days of public notice.
(a) All parts of a sidewalk café shall be easily removable.
(b) On streets with a confirmed sidewalk width of thirteen (13) feet or less, at least five (5) feet of clear sidewalk space shall be maintained at all times to provide pedestrian access. On streets with a confirmed sidewalk width of more than thirteen (13) feet, at least one-half the confirmed sidewalk width shall be maintained at all times to provide pedestrian access.
(c) The clear sidewalk space shall be measured from the curb line, or, if closer to the sidewalk café, from the nearest obstruction on a line parallel to the curb line, to the outside edge of any chair, table or collapsible railing as shown on the plans approved by the Department of Streets. For the purpose of determining clear sidewalk space, trees, steps, street light poles, sign poles, fire hydrants, parking meters, or other objects located on the sidewalk surface shall be considered as obstructions.
(d) Ventilation grates cannot be covered and cannot be included as clear sidewalk space.
(e) The licensee shall be responsible for keeping all visitors, patrons, employees, and café fixtures, including, without limitation, tables, chairs, and heaters, from occupying or encroaching into the required clear sidewalk space.
(f) Sidewalk cafés located at street intersections shall provide corner clearance by providing a ten (10) foot clear space from the point of tangency of the curb line.
(g) No part of the sidewalk café shall be within fifteen (15) feet of a transit stop.
(h) The sidewalk café shall be at the same elevation as the existing sidewalk surface.
(i) The required clear egress space shall be maintained between the exit door(s) of the structure and the clear sidewalk space.
(j) The placement or maintenance of a sidewalk café shall not impede or endanger pedestrian travel, or obstruct or interfere with the installation or maintenance of underground utilities.
(k) Collapsible or removable handrails shall only be permitted where the ground receptacle can be capped. The anchors for such handrails cannot exceed a depth below grade of the sidewalk of four (4) inches. The collapsible or removable handrails shall be removed during periods of the year when the sidewalk café is not in use. The Department of Streets may require an applicant to maintain removable or collapsible handrails or guards when it determines handrails or guards are necessary to prevent encroachment into the clear sidewalk area that is required pursuant to this Section.
(l) Provided that the clear sidewalk space is maintained as otherwise required in this subsection, an applicant may also occupy an area adjacent to the curb line after 7:00 p.m., provided that the following conditions are met:
(.1) the café must be located adjacent to a traffic lane regulated for use only for parking and/or loading (i.e. the lane cannot be a traffic lane after 7:00 p.m.);
(.2) only movable tables and/or chairs shall be permitted and must be placed at least one and one-half (1.5) feet from the curb line;
(.3) chairs must be placed in positions parallel to the curb line; and
(.4) the minimum clear sidewalk space required pursuant to this subsection must be maintained at all times except employees of the licensee are permitted to serve tables at the curb lines of cafés in compliance with other provisions of this subsection.
(a) Licensee shall maintain the sidewalk café in accordance with all City, state and federal laws, as well as any rules and regulations which pertain to the use of the sidewalk café including, but not limited to, any and all City Code rules and regulations as may be required by the Department of Fire, Police, Health, Streets and Licenses and Inspections.
(b) All food served from sidewalk cafés in the following locations shall be served on non-disposable containers, and no sidewalk café shall be maintained in the following locations unless such café is directly abutting a restaurant where more than twenty-five percent (25%) of the interior gross floor area is used for seating:
(.1) Chestnut street from Broad street to Eighteenth street; and
(.2) Walnut street from Broad street to Eighteenth street.
(c) The issuance of a license pursuant to this Section does not permit any conduct otherwise prohibited by this Code, including otherwise prohibited outdoor cooking and outdoor storage of flammable materials. 496
(d) A license granted pursuant to this Section does not create any vested property right in the sidewalk area to which the license applies. 497
(e) No sidewalk café, located within the following area, shall be operated or maintained between the hours of 12 midnight and 8 a.m.: 498
(.1) the area bounded by the south side of Shurs lane to the north side of Green lane and the east side of Cresson street to the Schuylkill River.
(a) Any officer authorized to enforce this Code shall, upon making a determination that the owner or operator of a sidewalk café is in violation of this Section or a sidewalk café license, provide the owner or operator a violation notice.
(b) Such notice shall specify whether the placement of the sidewalk café must be modified to come into compliance with this Section or whether the sidewalk café must be entirely removed and shall provide a time in which compliance is required.
(c) If the owner or operator fails to comply as directed in the notice, the City may institute court proceedings either for collection of penalties as provided in this Section or seeking a court order to force compliance or both.
(d) If the owner or operator of the restaurant fails to comply as directed in the notice, or fails to comply with his or her written agreements under subsection (4), the Department of Licenses and Inspections is authorized to abate the violation, including by removing furniture or other property from the sidewalk, by itself or by contract, and restoring the sidewalk to its original condition. The Department of Licenses and Inspections shall be further authorized to charge the costs of such removal and restoration, including administrative costs, to the violator and the Law Department may take action to collect such costs by lien or any other method. If removed property is not claimed in writing within thirty (30) days, the City is authorized to dispose of said property.
(e) Penalties. 500 The penalty for violation of this Section or any condition of a license or of a regulation issued pursuant to this Section shall be a fine not exceeding three hundred dollars ($300) per day.
(f) Repeat Offenders. 501 Any person who commits, on more than one occasion, a violation of this Section or any condition of a license or of a regulation issued pursuant to this Section, shall be guilty of a separate offense of Repeat Violation, and for each such Repeat Violation, shall be subject to a fine of not more than three hundred dollars ($300), or imprisonment for not more than ninety (90) days, or both. A person shall be guilty of a Repeat Violation regardless whether the second or subsequent violation occurs before or after a judicial finding of a first or previous violation. Each violation, after the first, shall constitute a separate Repeat Violation offense.
(9) The Department of Streets and the Department of Licenses and Inspections may issue whatever rules or regulations they deem necessary or desirable to effectuate the purposes of this Section. With respect to rules or regulations as to the extent of encroachments upon and obstructions of the streets, for the protection or facilitation of pedestrian traffic, such rules or regulations shall not permit encroachments upon or obstructions of the streets greater than those specified in Title 11 of The Philadelphia Code. 502
(10) Special Provisions for Existing Sidewalk Cafés and Pending Sidewalk Café Applicants. 503 The following special provisions shall apply only within the First and Fourth Councilmanic Districts:
(a) Any sidewalk café operating under the provisions of a license granted before the date Bill No. 030254-A became law may continue to operate under the provisions of that license for the remaining term of that license. Renewal of licenses for such sidewalk cafés will be governed by the provisions of this Section as amended by Bill No. 030254-A, except that no such sidewalk café shall be denied renewal because it fails to meet the "clear sidewalk space" requirements of subsection (6). Any such sidewalk café that does not meet the "clear sidewalk space" requirement must continue to operate in accordance with the plan submitted when the sidewalk café was licensed prior to the date Bill No. 030254-A became law, and if such a sidewalk café wishes to operate in accordance with a different plan, such plan must be approved in accordance with all provisions of this Section, including the "clear sidewalk space" requirements of subsection (6).
(b) If a special ordinance authorizing a sidewalk café was passed by Council before the date Bill No. 030254-A became law, but a license had not yet been issued for such sidewalk café as of such date, such sidewalk café shall be licensed under the provisions of this Section as it existed prior to the amendments set forth in Bill No. 030254-A. Once such license is issued, the provisions of subsection (10)(a) shall apply to such sidewalk café.
(a) A sidewalk café on Ninth Street, between Christian Street and Federal Street, may be located entirely or partially within an available space in which a curb market cart may be located under Section 9-201. Subsection 9-208(6)(h), which requires a sidewalk café to be at the same elevation as the sidewalk, shall not apply to such sidewalk cafés, but all other provisions of this Section shall apply.
Notes
| 484 | Added, 1979 Ordinances, p. 416. |
| 485 | Amended, Bill No. 030254-A (approved July 31, 2003). |
| 486 | |
| 487 | Amended, 1980 Ordinances, p. 805; amended, 1993 Ordinances, p. 1156; amended, Bill No. 990726 (approved December 31, 1999); amended, Bill No. 000065 (approved March 21, 2001); amended, Bill No. 040783 (approved October 27, 2004); amended, Bill No. 070369 (approved July 31, 2007); amended, Bill No. 070682 (approved November 29, 2007); amended, Bill No. 070945 (approved December 13, 2007); amended, Bill No. 090387 (approved June 19, 2009); amended, Bill No. 180171 (approved June 6, 2018); amended, Bill No. 230307 (approved August 23, 2023); amended, Bill No. 230625 (approved November 13, 2023). |
| 488 | Amended, 1993 Ordinances, p. 1086; former subsection (3) deleted, former subsection (4) renumbered and amended, Bill No. 030254-A (approved July 31 2003). |
| 489 | Amended, Bill No. 090777-A (approved February 17, 2010). |
| 490 | Added, Bill No. 030254-A (approved July 31, 2003). |
| 491 | Amended, Bill No. 090777-A (approved February 17, 2010). |
| 492 | |
| 493 | Added, Bill No. 030254-A (approved July 31, 2003). |
| 494 | Added, and former subsection (6) deleted, Bill No. 030254-A (approved July 31, 2003). |
| 495 | |
| 496 | Added, Bill No. 030254-A (approved July 31, 2003). |
| 497 | Added, Bill No. 030254-A (approved July 31, 2003). |
| 498 | Added, Bill No. 070694 (approved November 29, 2007). |
| 499 | Added, and former subsection (8) deleted, Bill No. 030254-A (approved July 31, 2003). |
| 500 | Amended, Bill No. 758 (approved July 24, 1995), 1995 Ordinances, p. 1081; Bill No. 030254-A (approved July 31, 2003). |
| 501 | Added, Bill No. 758 (approved July 24, 1995), 1995 Ordinances, p. 1081; Bill No. 030254-A (approved July 31, 2003). |
| 502 | Added, Bill No. 030254-A (approved July 31, 2003). |
| 503 | Added, Bill No. 030254-A (approved July 31, 2003). |
| 504 | Added, Bill No. 090746 (approved July 5, 2011). |
(1) Definitions. In this Section, the following definitions shall apply:
(a) Small Vehicle means a bicycle, scooter or skateboard, whether or not powered in any part by a motor; any electric vehicle intended for single-person use; or such other similar vehicles as may be defined by regulation. A Small Vehicle does not include a vehicle that must by law be registered with the Commonwealth of Pennsylvania Department of Transportation.
(b) Small Vehicle Sharing Business. The business of making Small Vehicles available for rental to the public at multiple locations, including the public right-of-way, in which the business does not require that the vehicle be returned after use: to the location from where the vehicle was taken; to a supervised location; to a location on private property; or to a docking station.
(2) No person or entity shall operate a Small Vehicle Sharing Business except pursuant to a license issued by the City. A license to operate such a business shall be issued upon:
(a) Completion of such application as required by the Department of Licenses and Inspections, setting forth such information as may be required to determine qualification under any standards and requirements as may be established pursuant to this Section;
(b) Determination by the Department, in consultation with the Department of Streets, that the applicant's proposal meets such standards and requirements; and
(c) Payment of such fee as may be established by regulation to recover the costs of administration of the program. Payment of such fee shall not be exclusive of any amount the City may charge for the use of City-owned property in connection with a licensed operation.
(3) The Department of Streets may, by regulation, establish standards and requirements for safe and responsible operation deemed necessary for reasonable management of the public right-of-way, which regulations may include:
(a) standards for safety of equipment, responsible operation and aesthetics;
(b) requirements to remove or promptly repair any vehicle determined by the City to present an impermissible risk to health or safety;
(c) standards designed to promote compliance with the vehicle parking requirements of Title 12 of The Philadelphia Code ("Traffic Code"), including the establishment of particularized penalties in connection with vehicles used in the program;
(d) requirements regarding notification of customers regarding legal or other requirements applicable to use of vehicles under the program;
(e) standards regarding the size and scope of operation of a particular business;
(f) standards regarding the area of service of a particular business;
(g) requirements to label vehicles with identifying information;
(h) requirements regarding insurance, security and indemnification of the City;
(i) requirements regarding the regular provision of information to the City regarding vehicles used by the business, such as usage rates and vehicle condition;
(j) a requirement to enter into an agreement with the Department of Streets with respect to any aspect of the program;
(k) requirements regarding the total number of vehicles permitted in the City, or in any area of the City, under the program;
(l) requirements regarding the total number of businesses that may be licensed under this program at any one time;
(m) standards for the suspension and revocation of license; and
(n) such other standards or requirements as may be necessary for safe and reasonable management of the right-of-way.
Notes
| 505 | Source: 1940 Ordinances, p. 152; amended, 1959 Ordinances, p. 490; amended by renumbering former Section 9-204, 1990 Ordinances, p. 985; repealed, 1993 Ordinances, p. 123; added, Bill No. 180429 (approved July 10, 2018). Section 2 of Bill No. 180429 provides: "This Ordinance shall be effective immediately, provided that no license shall be issued under Section 9-209 of the Code until implementing regulations have been adopted." |
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