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A. It shall be unlawful for any person, firm, corporation, transient merchant, church, club, charitable institution, hawker or peddler to vend, sell or dispose of or offer to vend, sell, dispose of or display, any goods, wares, merchandise, produce or vegetables on any public walk, street, alley or anywhere within the City of Reading without registering with and receiving a permit from the City Codes Enforcement Office.
B. The Codes Enforcement Office is hereby authorized to grant revocable permits for the use of the sidewalks for sidewalk sales in the Commercial Core Zoning District upon the following terms and conditions. Registration shall be on a permit form approved by the City Council. When the Codes Enforcement Office has approved the issuance of a sidewalk sales permit, the applicant shall be issued a permit. The permit shall contain the information required on the application, the expiration date, and one of the photographs submitted with the application. The permit shall be carried by the applicant at all times when engaged in sidewalk sales and shall be exhibited for inspection to any person approached for purposes of sidewalk sales.
Applications for sidewalk cafes outside the Commercial Core Zoning District shall be submitted to the Codes Enforcement Office in accordance with the regulations contained herein. Such applications shall be forwarded to City Council for approval.
No vendor or person shall exhibit, display, offer for sale or sell any indoor furniture, appliances, mattresses or similar wares, or merchandise or place or allow any to stand or remain on the sidewalks in the City of Reading, unless they are set out for trash collection in accordance with the zoned trash collection schedule.
A. The term of each sidewalk sale permit shall be specified on the permit which is issued and shall not exceed 52 events per year.
B. Fees required under this section shall be established by City Council and included on the City's Fee Schedule. [Amended 8-26-2013 by Ord. No. 35-2013; 9-28-2015 by Ord. No. 50-20151]
1. Editor's Note: This ordinance also repealed former Subsection C, regarding prorating and rebate of the annual permit fee, which immediately followed this subsection.
[Amended 9-28-2015 by Ord. No. 50-2015]
The Property Maintenance Division is hereby authorized to grant revocable permits for the use of the sidewalk for the display for sale of merchandise, flowers, floral arrangements and ornamental shrubbery not prohibited herein upon the following terms and conditions:
A. No more than 52 sidewalk sales can occur during each calendar year.
B. The permit and regulated activity shall be valid only during a single calendar year.
C. The permitted activity shall be conducted only as an accessory to a business establishment lawfully operating on the first floor of the premises, on the sidewalk in front of the principal place of business of such establishment and by the entity which operates such establishment. All sales shall be conducted within such establishment. No cash register or other facility for the exchange of currency or otherwise receiving payment for goods and services shall be permitted on the sidewalk.
D. The applicant shall have the consent of the owner and lessee, if any, of the premises in front of which the permitted activity is to be conducted and shall provide notice of the permitted activity to the adjoining property owner(s).
E. There shall be no less than eight feet from the curbline to the front of the nearest structure.
F. No sidewalk display shall be nearer than three feet zero inches to the curb, except that if the sidewalk is nine feet zero inches or more in width, then the distance from the curb shall be not less than one-third of the width of the sidewalk with a maximum of two rows.
G. The applicant shall at all times maintain free and clear from all obstruction an aisle not less than three feet in width providing access to any establishment fronting on said sidewalk.
H. No permanent structure may be affixed to the sidewalk or any building. The applicant shall be responsible for any damage caused to any sidewalk or public property.
I. The sidewalk use shall not interfere with access to any public service facility, create a nuisance or fire hazard.
J. At least one trash receptacle shall be provided by the business or person and the premises shall be kept litter free.
K. No outdoor lighting or live or mechanical music shall be permitted.
L. The sidewalk display shall be permitted only during the hours the business is open to the public or between the hours of 7:30 a.m. and 9:00 p.m.
M. The applicant shall agree to indemnify and save harmless the City of Reading, its officers, agents, attorneys and employees from and against any claim of loss, liability or damage by any person arising as a result of the applicant's operation of the sidewalk use.
N. The applicant shall obtain and maintain in full force and effect throughout the term of the permit a policy of general liability insurance, which such policy shall name the City of Reading, its officers, agents, attorneys and employees as additional insured, have a combined single limit of not less the $1,000,000 and contain a provision prohibiting its cancellation except upon 20 days' notice to the City of Reading. The applicant shall file with the Property Maintenance Division, prior to the issuance of the permit, a certificate evidencing the requisite insurance.
O. Any other conditions required or prescribed by the Property Maintenance Division shall be reasonable and necessary to protect the health, welfare and safety of the public, including the denial of the application.
[Amended 9-28-2015 by Ord. No. 50-2015]
Anything in this Part to the contrary notwithstanding, the City of Reading Property Maintenance Division may permit the selling and display for sale of merchandise on, over or upon the sidewalk at any location within the City for a period not to exceed seven days in conjunction with any organized sidewalk sales days open to all retail merchants within a specific neighborhood or City block, as long as the affected merchants comply with the other terms of this Part and other applicable City ordinances.
Each applicant for a permit under this Part shall submit three copies of his application and plans for the sidewalk sale to the Codes Enforcement Office, who shall issue a permit upon compliance with the terms and conditions of this Part. Application must be made within 14 business days prior to the intended start date. Applications for sidewalk sale permits shall include the following:
A. The name and street address of the applicant.
B. The name and street address of the owner of the business and owner of the underlying freehold and/or abutting property owner if not the same person, and:
(1) A description of the owner of the abutting property, if other than a natural person, including the legal status (corporation, partnership, etc.) and a general description of the type(s) of business operated on the abutting property.
(2) Written authority in the form of a power of attorney from the owner to submit the application if the applicant is not the owner of the abutting property.
C. The name and street address of the registered agent for the service of process, if the applicant represents a corporation; or the names and street addresses of the officers or partners, if the applicant represents an association, partnership or other entity.
D. The name and street address of the operator, manager or other person responsible for the operation of the sidewalk sale.
E. The name under which the sidewalk sale will be operated.
F. A copy of the current City business license and zoning permit.
G. A site plan drawn to a scale of 1/2 inch equals one foot, showing:
(1) The entirety of the sidewalk abutting the property of the owner.
(2) The frontage of the property proposed for the sidewalk sale.
(3) All abutting properties.
(4) All existing sidewalk features including, but not limited to, trees, utility poles, sign poles, fire hydrants, permanent litter receptacles, telephone booths, news vending racks and mailboxes.
(5) Any bus stops within 25 feet on either side of the proposed sidewalk sale area.
(6) Detailed drawings of legible proportions showing the limits of the proposed sidewalk sale site, the design dimension and proposed location of all proposed temporary structures (i.e., canopies, umbrellas, planters, landscaping, tables, chairs, all exterior lighting, electrical outlets, etc.), the proposed pedestrian walkway and the side and front elevations of the proposed sidewalk sale area.
H. A copy or copies of the certificate or certificates of insurance required to be provided.
A. Before any permit is issued pursuant to this Part, the plans submitted to the Codes Enforcement Office pursuant to this Part shall be referred to and approved by the Public Works Director, Reading Police Department and Department of Fire and Rescue Services.
B. The Codes Enforcement Office shall determine if the applicant has:
(1) Obtained the approval of the Public Works Director and Building Official for any railing, flooring or other support or enclosure used in the assembly, operation or enclosure of the sidewalk sale. No such railing, flooring or other support or enclosure shall be considered an erection of, addition to or a structural alteration of a building or structure under applicable City Building Code unless such railing, flooring or other support or enclosure is permanently attached to such building or structure.
(2) Obtained the approval of the Historical Architectural Review Board (HARB) if the sidewalk sale is located within any area designated as part of an historic district and if the applicant proposes any facilities which are under the jurisdiction of the HARB. The HARB shall use the review criteria for such plans relating to a sidewalk sale's specific location, size and structure, for its compatibility of scale and design. Alteration in the plans for a sidewalk sale approved by the HARB requires reapproval from the HARB. Once approval is granted by the HARB, the approved plans are valid and do not require annual reapproval. The HARB shall only review applications which have the written approval from the Public Works Director as specified herein. [Amended 8-26-2013 by Ord. No. 35-2013]
(3) Complied with all rules, regulations and specifications of this Part.
C. The Codes Enforcement Office may impose any other restriction on the location, size or design of the sidewalk sale that, in his sole judgment, protects the health, safety and welfare of the public.
A. Upon approval by the Property Maintenance Division of the plans submitted by the applicant and upon the applicant furnishing to the City of Reading the following, the Property Maintenance Division shall issue a permit valid through the end of the calendar year: [Amended 9-28-2015 by Ord. No. 50-2015]
(1) A hold-harmless agreement executed by the applicant and indemnifying the City against loss, including costs and expenses, resulting from injury to person or property as a direct or indirect result of the operation of the sidewalk sales. Said hold-harmless agreement shall be subject to the approval of the City Solicitor.
(2) Proof of liability insurance in the amount of $100,000 per individual and $300,000 per occurrence.
B. Sidewalk sales permits are not transferable. Changes in ownership/operation require reapplication for a permit.
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