(1) The Department of Licenses and Inspection and the Department of Streets are hereby authorized to establish, by regulations not inconsistent herewith, standards and procedures for the issuance and enforcement of licenses for use of portions of the Right-of-Way for outdoor dining, including closure of part or all of the street, such as on-street parking spaces.
(2) Occupancy of the Right-of-Way for the purposes of outdoor dining pursuant to such licenses are referred to in this section as "Streeteries", which term also refers to all furniture, structures, platforms or protective barriers associated with any Streetery.
(3) Such regulations shall provide for standards concerning license issuance and standards of operation that are designed to protect public safety and the orderly, safe and efficient use of the Right-of-Way by pedestrians and vehicles and shall include, at a minimum, the standards set forth in this Section 9-215.
(a) Streeteries shall be located within the following geographic boundaries, and such other locations as shall be approved from time to time by the Departments of L&I, Streets and the City Council: 614
(.1) 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 south houseline of Spring Garden Street;
(.2) within the geographic boundaries of the following Special Services and Business Improvement Districts:
(.a) Fishtown Kensington Area Bid;
(.b) South Street Headhouse District;
(.c) Old City Special Services District;
(.d) East Passyunk Avenue BID;
(.e) Center City District;
\ (.f) Northern Liberties Bid; and
(.g) Manayunk Special Services District;
(.3) both sides of Fairmount avenue between 15th street and 25th street;
(.4) on Broad street, between Bainbridge street and the north houseline of Washington avenue;
(.5) within the geographic boundaries of the Third Council District;
(.6) on East Passyunk avenue, both sides, between Broad street and Federal street;
(.7) on Ninth street, both sides, between Christian street and Federal street;
(.8) on Germantown avenue, both sides, from Creshiem Valley road to Rex Avenue;
(.9) Wadsworth avenue both sides, Michener avenue to Cedarbrook Avenue;
(.10) Reserved;
(.11) Washington Avenue, both sides, Broad Street to 25th Street; and
(.12) Snyder Avenue, both sides, Broad Street to 25th Street.
(b) Streeteries shall be no wider than 6 feet and are only permissible in connection with eating establishments that primarily are engaged in the business of food preparation on the premises for sale to customers substantially for on-premises consumption and that maintain at least three tables for indoor dining on a regular basis.
(c) A Streetery shall only be operated for business between the hours of 7:00 a.m. and 10:00 p.m. Sunday through Thursday and 7:00 a.m. until 11:00 p.m. on Friday and Saturday.
(d) A Streetery shall not be located in a travel lane of any type, including a bicycle lane, unless located as part of a closure of an entire street.
(e) The number of Streetery dining seats may not exceed the total number of dining seats located in the interior dining locations of the restaurant.
(f) No Streetery is permissible without the written agreement of the property owner of the abutting or adjacent property or the property owner's designee. 614.1
(g) A Streetery may only be located in the parking lane portion of the Right-of-Way directly abutting the restaurant in connection with which the license is obtained, or in the parking lane portion of the Right-of-Way abutting a property adjacent to that restaurant, pursuant to standards established by regulation, including concerning required authorizations related to the adjacent property. 614.2
(4) License Application and Renewal.
(a) No streetery may be operated without a valid license or in connection with an establishment that is not licensed to serve prepared food. Applications for licenses shall be made to the Department of Licenses and Inspections and shall include, at a minimum, the following:
(.1) Dimensions of the proposed Streetery seating boundaries;
(.2) Proof of insurance and attestation that application for such license constitutes agreement to the insurance, indemnification and removal requirements as set forth in subsection (7) below.
(.3) Approval from the Department of Streets confirming that the proposed Streetery meets the placement requirements and restrictions on location of this Section and regulations established under this Section.
(.4) Photographic proof, in such form as determined by regulation, that for a minimum of ten (10) consecutive days prior to application, but beginning no more than thirty (30) days prior to application, the applicant has posted at a conspicuous location in the front window or on the front door of the restaurant to which the Streetery will be accessory, in such form established by regulation, notice of the intent to apply for a Streetery license and which identifies the specific proposed location of the Streetery.
(.5) A non-refundable application fee in the amount of two hundred dollars ($200). If a license is granted, the application fee shall be credited towards the first annual license fee.
(5) Safety and Accessibility.
(a) At a minimum, safety, placement and accessibility standards for Streeteries shall include the following:
(.1) Barrier Protection. All Streeteries must be protected by a crash-proof physical barrier abutting any portion of the Streetery alongside of which, vehicular traffic passes at any time, pursuant to such standards as established by regulation.
(.2) Vehicle Passage. No portion of any Streetery, including a protective barrier associated with the Streetery, shall reduce vehicle clearance in any portion of the right of way to less than 12 feet.
(.3) Accessibility. All Streeteries must be accessible, pursuant to standards established by regulation.
(.4) Pedestrian, Accessibility and Transit Passage. No portion of any Streetery, including a protective barrier, may be placed within: 15 feet of any fire hydrant; 20 feet of a crosswalk, pedestrian street-crossing curb cut or a bus or other transit stop; or within 30 feet of any flashing signal, stop sign, yield sign or traffic-control signal.
(6) Streetery Structures.
(a) Structures built or maintained as a Streetery must conform to any standards established by regulation and must conform in all respects with all requirements of Title 4 of The Philadelphia Code (The Philadelphia Building and Occupancy Code).
(b) All such structures must be removable within 48 hours upon notice from the City of Philadelphia or such lesser time established by regulation.
(c) No platform or structure may be placed on top of a utility manhole cover or hinder access to or prevent proper ventilation of utility structures (both buried and above ground) for emergency repairs or planned maintenance and inspections in accordance with federal or state laws, codes or regulations. Utility providers shall not be held liable for and shall not be required to pay any costs for relocation, removal or damage to any streetery structures, resulting from forced access to utility structures in the event of emergency repairs or planned maintenance or inspections.
(7) Insurance, Indemnification and Removal.
(a) The licensee must agree 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 Streetery, or by the acts or omissions of the employees or agents of the licensee in connection with such Streetery. The licensee shall also agree to release the City from any and all claims relating to its Streetery, including, but not limited to, loss of business and/or value of the Streetery when it is ordered removed or when street, sidewalk or utility construction occurs;
(b) The licensee must agree 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, in an amount determined by the Risk Manager. The policy shall afford comprehensive general liability insurance including contractual liability insurance coverage the licensee's indemnification and hold harmless obligations under subsection (a) 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 Streetery license. Within ten (10) days of the approval of the Streetery 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;
(c) The licensee must agree in writing, in a form satisfactory to the City Solicitor, to remove any barriers, furniture, structures or platform associated with the Streetery, and to repair any portion of the right-of-way damaged by the Streetery, upon written notice from the City that:
(.1) a portion or all of the Streetery no longer meets the requirements of this Section or other applicable laws, is operating in violation of the law, or is no longer in regular operation;
(.2) a portion of all of the Streetery must be removed to accommodate a City or City-sponsored public project;
(.3) the Streets Department has granted another person a temporary permit to close some or all of the portion of the right-of-way occupied by the Streetery;
(.4) the restaurant to which the Streetery is accessory has been temporarily or permanently closed for violation of any law; or
(.5) the Streetery has damaged any part of the right-of-way.
(d) The licensee must obtain 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 Streetery, restoration of the public right-of-way, and all incidental costs.
(8) License fee; Administration and Enforcement Fee; Emergency Streetery Removal Fund.
(a) The annual fee for a Streetery license is two hundred dollars ($200).
(b) The Departments of L&I and Streets are hereby authorized to impose an administration and enforcement fee for the costs of administering and enforcing the terms and conditions set forth herein.
(c) The Departments of L&I and Streets are further authorized to impose a fee to cover the cost of immediate removal of a Streetery in the event of an emergency or other necessity.
(9) Penalties and Enforcement.
(a) This Section may be enforced by any individual authorized to enforce this Code.
(b) 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 of up to three hundred dollars ($300) per day, per violation.
(c) A Streetery license may be suspended or revoked based on violations of this Section or regulations issued hereunder, or other applicable law.
(d) Removal of any barrier, furniture, platform or structure based on the provisions of subsection (7)(c) or based on any violation of this Section or other applicable laws, or repair of any damaged portion of the right-of-way, shall be at the sole expense of the licensee. The City is hereby authorized, upon a determination that removal or repair of the right-of-way must be carried out by the City, to charge the costs of such removal or repair, including administrative costs, to the licensee. The Law Department may take action to collect such costs by lien or any other method. If removed property is not claimed within 10 days of notice of its removal by the City, the City is authorized to dispose of any such property.
Notes
| 613 | Added, Bill No. 210776 (became law January 20, 2022), effective March 8, 2022. |
| 614 | |
| 614.1 | Amended, Bill No. 240331 (approved June 5, 2024). |
| 614.2 | Amended, Bill No. 240331 (approved June 5, 2024). |