Borough of Doylestown, PA
Bucks County
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Table of Contents
Table of Contents

§ 1001 Purpose and Intent.

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.

§ 1002 Definitions.

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
Borough of Doylestown, Bucks County, Pennsylvania.
PERSON
Includes an individual, firm, association, organization, partnership, trust, company, corporation or any other similar entity.
LICENSED SIDEWALK AREA
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.
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.
ZONING ORDINANCE
The Doylestown Borough Zoning Ordinance of 1985, as amended, being Chapter 27 of the Code of Ordinances of the Borough of Doylestown.

§ 1003 Sidewalk Dining License Required.

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(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.

§ 1004 Application for License.

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.
7. 
A check or checks payable to the "Borough of Doylestown" in the amount of the fees required pursuant to § 1006 of this Part 10.

§ 1005 Application Review.

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.

§ 1006 Fees.

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.

§ 1007 Term of Sidewalk Dining License; License Conditions.

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.

§ 1008 Sidewalk Dining License Standards, Requirements and Restrictions.

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, 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.
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.
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.
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.
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.

§ 1009 Suspension or Revocation of Sidewalk Dining License.

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.

§ 1010 Enforcement.

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.

§ 1011 Penalties.

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.

§ 1012 Severability.

[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.