[Amended by Ord. No. 2022-4, 4/18/2022]
The purpose and intent of this Part 10 is to allow a portion of the public sidewalk abutting a building used as a sit-down eating establishment, as defined, described and regulated pursuant to § 406(33) of the Zoning Ordinance, and which is situate within an area designated as RC Retail Commercial, RC-1 Retail Commercial-1, CC Central Commercial, or FC Freestanding Commercial by the Zoning Ordinance, to be used for sidewalk dining subject to the owner or operator of such sit-down eating establishment obtaining a sidewalk dining license as provided for herein and strictly complying with all provisions hereof. The granting of such privilege to use the public sidewalks of the Borough for the purpose provided for herein is intended to create desirable amenities within the business districts of the Borough and advance the public purpose of promoting and stimulating economic activity within the Borough as a whole. It is intended that the granting of such privilege to use the public sidewalks of the Borough for the purpose provided for herein shall be solely in the nature of a revocable license which shall not be deemed to grant or vest in any sidewalk dining licensee any property interest or other rights in or to any public sidewalk or the use thereof other than the privilege to use same as provided for herein. From time to time, when specifically authorized by Borough Council, owners or operators of businesses involving the sale, service, or consumption of alcohol may extend operations for limited durations to public sidewalks and streets, only as approved by Borough staff, and provided that the owner or operator secures the required PLCB extension.
The following words and phrases, when used in this part shall
have, unless the context clearly indicates otherwise, the meaning
given to them in this section. All other words and terms not defined
herein shall be used with a meaning of standard usage.
Borough of Doylestown, Bucks County, Pennsylvania.
Includes an individual, firm, association, organization,
partnership, trust, company, corporation or any other similar entity.
That portion of a public sidewalk which abuts and is coextensive
with the front of a building, or any front yard thereof, which is
used as a sit-down eating establishment as defined, described and
regulated pursuant to § 406(33) of the Zoning Ordinance
and which is licensed by the Borough for sidewalk dining.
The location, occupancy and use of a licensed sidewalk area
for sit-down eating establishment purposes as defined, described and
regulated pursuant to § 406(33) of the Zoning Ordinance,
where such use of the licensed sidewalk area is part of an actively
existing sit-down eating establishment operating in a building the
front of which, or any front yard thereof, abuts and is coextensive
with the licensed sidewalk area.
The Doylestown Borough Zoning Ordinance of 1985, as amended, being Chapter 27 of the Code of Ordinances of the Borough of Doylestown.
[Amended by Ord. No. 2022-4, 4/18/2022]
From and after the effective date of this Part 10, it shall be lawful for any person that owns or occupies any building used as a sit-down eating establishment, as defined, described and regulated pursuant to § 406, Subsection 33, of the Zoning Ordinance, which is situate within an area designated as RC Retail Commercial, RC-1 Retail Commercial-1, CC Central Commercial, or FC Freestanding Commercial by the Zoning Ordinance, to locate, occupy and use a portion of the public sidewalk which directly abuts and is coextensive with the front of such building, or any front yard thereof, for sidewalk dining, subject to the requirements, conditions and standards set forth herein, provided that such person first obtains a license from the Borough of Doylestown for that purpose which specifically designates the licensed sidewalk area and otherwise complies in all respects with the provisions of this Part 10, and it shall be unlawful for any person to locate, occupy and use any portion of the public sidewalks of the Borough for sidewalk dining without first obtaining such a license as provided for herein, unless such use of the sidewalk or street has been specifically authorized by Borough Council, as part of the Pedestrian Zone Program or a permit granted under Part 2 (Public Events and Gatherings).
An application, sworn to by the applicant, for a sidewalk dining
license shall be filed annually with the Borough on forms provided
by the Borough for that purpose. The application shall require the
following information and materials; provided, however, that the Zoning
Officer is hereby authorized to require such other additional information
from an applicant that he deems reasonably necessary to process the
application in accordance with the requirements of this Part 10:
1.
The name and address of the applicant.
2.
The business name, address and tax parcel number of the sit-down
eating establishment abutting the proposed licensed sidewalk area.
3.
The name and address of the title owner of the premises where the
sit-down eating establishment abutting the proposed licensed sidewalk
area is situate.
4.
A copy of the Pennsylvania Liquor Control Board (PLCB) liquor license,
if any, applicable to the sit-down eating establishment abutting the
proposed licensed sidewalk area.
5.
A plan and description of a) the proposed licensed sidewalk area
showing the dimensions of the area and the number and location of
tables, chairs and other items or equipment proposed to be installed
therein; b) the building, including any front yard thereof, showing
its dimensions, the number and location of tables, chairs and other
items or equipment; and c) the location of all alleyways, walkways,
driveways, building entrances and exits, and passageways.
6.
An acknowledgment and agreement that the applicant, by accepting
the sidewalk dining license, agrees to indemnify and hold the Borough,
its agents, servants, workmen and employees, harmless from any and
all claims and actions arising out of the location, occupancy and/or
use of the licensed sidewalk area by the applicant and applicant's
guests and business invitees pursuant to such license and a certificate
of insurance evidencing the existence of a policy of public liability
insurance with an insurance company authorized to conduct business
within the Commonwealth of Pennsylvania, covering the location, occupancy
and use of the licensed sidewalk area for sidewalk dining in an amount
not less than $1,000,000, naming the Borough as an insured party,
which policy shall be maintained in full force and effect at all times
during the term of the sidewalk dining license, at the sole cost and
expense of the applicant.
All applications for sidewalk dining licenses shall be reviewed
by the Zoning Officer with respect to all of the standards, conditions
and criteria set forth in this Part 10, and the Zoning Officer shall,
in writing, either approve the application, specifying any conditions
acceptable to the applicant, or deny the application, specifying the
reasons for such denial. All appeals from the denial of the issuance
of a sidewalk dining license or any determination by the Zoning Officer
hereunder shall be taken within 30 days of the date of such action
directly to Borough Council, whose decision shall be final.
1.
All initial applications for sidewalk dining licenses, as well as
annual renewal applications for sidewalk dining licenses where a change
in the licensed area or number of tables or seats is proposed, shall
be accompanied by a nonrefundable application review fee in the amount
of $100, or such other fee as Borough Council may from time to time,
by resolution, establish.
2.
Upon approval of any initial application and any annual renewal application
for a sidewalk dining license, the applicant shall pay to the Borough
a nonrefundable license fee in an amount equal to the sum of $25 multiplied
by the number of seats permitted within the licensed sidewalk area,
or such other fee as Borough Council may from time to time, by resolution,
establish, which fee shall not be apportioned based upon the date
issued and upon such payment in full, the Zoning Officer shall issue
the sidewalk dining license to the applicant.
1.
The term of a sidewalk dining license granted and issued hereunder,
including annual renewals thereof, shall commence at 7:00 a.m. prevailing
time on the day following the date the sidewalk dining license was
issued or 7:00 a.m. prevailing time on April 1 of the calendar year
during which it was issued, whichever is later, and expire absolutely
at 10:30 p.m. prevailing time on October 31 of the calendar year during
which such sidewalk dining license was issued.
2.
A sidewalk dining license issued pursuant to the provisions of this
Part 10 shall inure solely to the benefit of the sidewalk dining licensee
and shall not be assignable or otherwise transferable to any other
person.
3.
A sidewalk dining license issued pursuant to the provisions of this
Part 10 shall, at all times during the term thereof, when the licensed
sidewalk area is being used for Sidewalk Dining, be conspicuously
displayed in a prominent location within the licensed sidewalk area.
The issuance of a sidewalk dining license pursuant to this Part
10 shall be subject to and conditioned upon compliance with the following
standards, requirements and restrictions:
1.
Sidewalk dining shall be conducted only in conjunction with a building
actively used as a sit-down eating establishment, as defined, described
and regulated pursuant to § 406(33) of the Zoning Ordinance,
which is situate within an area designated as RC Retail Commercial,
RC-1 Retail Commercial-1, CC Central Commercial, or FC Freestanding
Commercial by the Zoning Ordinance, and which building, or any front
yard thereof, abuts and is coextensive with the licensed sidewalk
area.
2.
The licensed sidewalk area shall not inhibit pedestrian traffic on
the public sidewalks, and an area must be and remain open and unobstructed
at all times for pedestrian traffic between the closest edge of the
licensed sidewalk area and the curbline, which area shall have a minimum
width of the greater of four feet or 1/2 of the sidewalk width.
3.
A sidewalk dining licensee hereunder shall not place anything in
any alleyway, driveway or walkway which intersects the licensed sidewalk
area or place or set up anything, including tables, chairs, and licensed
movable sidewalk signs, in such manner as to block access to any intersecting
alleyway, driveway, walkway or building entrance, except where specifically
authorized from time to time by Borough Council, nor shall such sidewalk
dining licensee obstruct or reduce in any manner the clear width of
any exit/discharge passageway, as determined by the clear width opening
of the entrance/egress door(s). The passageway shall be as straight
as possible leading directly to the street.
[Amended by Ord. No. 2022-4, 4/18/2022
4.
The only items or equipment permitted within the licensed sidewalk
area shall be tables, chairs, umbrellas, licensed movable sidewalk
signs, and containers for the disposal of garbage and trash and of
recyclable cans and bottles, the size and appearance of which shall
be suitable for the size of the licensed sidewalk area and aesthetically
compatible with adjacent uses and subject to the approval of the Zoning
Officer. A sidewalk dining licensee shall not place any sign, except
for a licensed movable sidewalk sign, within the licensed sidewalk
area. Nothing contained herein shall be construed to permit the placement
of any item or equipment by any person on the public sidewalks, curbs
or streets outside of or beyond the licensed sidewalk area, except
as specifically authorized from time to time by Borough Council.
[Amended Ord. No. 2022-4, 4/18/2022]
5.
A sidewalk dining licensee shall not place any table, licensed movable
sidewalk sign, umbrella or other item or equipment within the licensed
sidewalk area in such manner as to block any municipal signs, receptacles
for garbage, public benches or other public amenity including fire
hydrants.
6.
A sidewalk dining licensee hereunder shall provide for the private
disposal of recyclable cans and bottles as well as garbage and trash.
Public receptacles for garbage shall not be used. The licensed sidewalk
area and adjacent public sidewalk and street areas shall be kept clean
and free of litter during hours of operation.
7.
The sale or service of food or beverage by a sidewalk dining licensee
hereunder shall be strictly limited to customers seated at tables
within the licensed sidewalk area; sales or service of food or beverage
outside of or beyond the licensed sidewalk area to drivers or passengers
of vehicles or to other persons on the public sidewalks, curbs or
streets of the Borough is prohibited, except as specifically authorized
from time to time by Borough Council.
[Amended by Ord. No. 2022-4, 4/18/2022]
8.
All public utility hookups are prohibited within the licensed sidewalk
area.
9.
All sound systems for musical entertainment or otherwise are prohibited
within the licensed sidewalk area.
10.
Food and beverage preparation is prohibited within the licensed sidewalk
area; all food and beverage preparation shall occur within the sidewalk
dining licensee's building which abuts the licensed sidewalk area.
11.
All outdoor food and beverage service shall be subject to the regulations
of the Bucks County Department of Health.
12.
The placement of outdoor tables and chairs shall be limited to the area immediately adjacent to the front of the sidewalk dining licensee's building, or any front yard thereof, which abuts the licensed sidewalk area; no part of any item or equipment, including chairs, tables and opened umbrellas, situate within the licensed sidewalk area shall encroach upon or otherwise block, impede or cover adjacent store fronts, doors, or windows in front of other business establishments, except as permitted platform dining under Part 13 of this chapter, or as specifically authorized from time to time by Borough Council.
[Amended by Ord. No. 2022-4, 4/18/2022]
13.
Sidewalk dining shall be permitted during and limited to the term
of a sidewalk dining license granted hereunder, to wit: during the
period from April 1 through October 31 of the calendar year in which
such license was issued.
14.
Sidewalk dining shall be limited to the hours between 7:00 a.m. and
10:00 p.m. prevailing time, each day during the term of the sidewalk
dining license granted hereunder.
15.
The sale, service and/or consumption of alcoholic beverages within
the licensed sidewalk area is prohibited unless the sidewalk dining
licensee is permitted to sell and serve alcoholic beverages within
the sidewalk dining licensee's building, and any front yard thereof,
which abuts the licensed sidewalk area pursuant to a liquor license
granted by the PLCB, and provided further that the PLCB has approved
an extension of the PLCB-licensed premises to include the licensed
sidewalk area.
16.
All items and equipment placed in the licensed sidewalk area shall
be removed therefrom and properly secured and stored outside of the
licensed sidewalk area and the public sidewalk within the licensed
sidewalk area washed, all by 10:30 p.m. prevailing time daily during
the term of the sidewalk dining license.
17.
A sidewalk dining license issued hereunder is subject to the right
of the Borough to temporarily suspend same to allow for construction
activity, utility repairs, special events or for any other lawful
Borough purpose or reason as deemed appropriate, necessary or convenient
by the Borough Manager; provided, however, that reasonable advance
notice shall be given to the holder thereof.
A sidewalk dining license issued hereunder may be suspended
or revoked by the Zoning Officer for good cause, including but not
limited to a misrepresentation of information supplied in the application
for sidewalk dining license, the conviction of a crime, a violation
of any ordinance, statute, or governmental regulation or a violation
of any of the provisions of this Part 10 by the sidewalk dining licensee.
The Zoning Officer shall be responsible for the licensing and
the collection of fees under this Part 10; otherwise, this Part 10
shall be enforced by the Zoning Officer, the Code Enforcement Officers,
or the Doylestown Borough Police Department.
Any person who shall violate any provision of this Part 10 shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$500. Each day the violation continues, after notice and a reasonable
opportunity to correct or remedy same has been given, shall constitute
a separate offense.
[Ord. 2004-8, 5/17/2004, § 1]
If any sentence, clause or portion of this Part 10 is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or portions of this Part 10. It is hereby declared as the intent of the Borough that this Part 10 would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or portion thereof not been included herein.
