The Council finds that:
(1) Establishments that sell malt or brewed beverages without providing adequate seating or space for the public, or without providing food to be consumed on the premises, or without allowing the consumption of such beverages on the premises, have a strong tendency to attract crime and other nuisances and have a strong tendency to promote public drinking, public urination, and/or other public nuisances.
(2) It would be in the best interests of the health and welfare of the citizens of this City to require establishments that sell malt or brewed beverages for consumption off the premises to comply with certain minimum seating, space and other requirements, and for the City to have the power to enforce such requirements.
(1) Any establishment that sells malt or brewed beverages for consumption off the premises shall:
(a) Be equipped with tables and chairs sufficient to accommodate at least thirty persons at one time;
(b) Have a total area available to the public of not less than three hundred square feet;
(c) Regularly and customarily prepare and sell food;
(d) Not prohibit the consumption on the premises of malt or brewed beverages purchased from the establishment;
(e) Not permit minors to frequent the premises, unless the minor is under proper supervision by an adult person not employed by the establishment or unless the establishment's gross sales of food and non-alcoholic beverages equal seventy percent (70%) or more of the combined gross sales of both food and all beverages; and
(f) Comply with all relevant provisions of The Philadelphia Code.
(1) This Chapter shall be enforced in accord with Section 9-103 of this Title, and penalties shall be assessed in accord with Section 9-105 of this Title. An establishment that receives three or more citations for violations of this Chapter within any twelve month period shall be considered a public nuisance, and the Department shall take such steps as are necessary to abate the nuisance, including an order to cease operations, as deemed necessary by the Department.
(2) Compliance with this Chapter and all applicable state and local laws shall be considered a necessary condition for retention of any food establishment license issued under Section 6-301 of this Code, and an establishment in violation of this Chapter or any applicable state or local law shall be subject to suspension and/or revocation of such license, pursuant to the procedures set forth in Section 6-503 of this Code.