City of Lock Haven, PA
Clinton County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Lock Haven 3-20-2017 by Ord. No. 970. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 170.
Uniform construction codes — See Ch. 212.
Mobile food vendors — See Ch. 284.
Streets and sidewalks — See Ch. 346.
Zoning — See Ch. 410.
This chapter shall be known and may be referred to as the "Sidewalk Cafe Ordinance."
The intent of this chapter shall be to permit sidewalk cafes to operate on public street rights-of-way and sidewalk areas within the City of Lock Haven and to set requirements of this chapter except as otherwise provided elsewhere in the Code of the City of Lock Haven. The Code Officer may impose additional requirements to protect against health, safety or welfare hazards related to sidewalk cafe operation and may modify requirements for physical facilities when health, safety or welfare concerns may arise.
For the purposes of this chapter, certain words and phrases shall have the meanings ascribed to them by this section, unless the context clearly indicates a different meaning.
ABUTTING PROPERTY
Property contiguous to a street right-of-way on which a sidewalk cafe will be operated under the terms of this chapter.
CITY ENGINEER
The City Engineer or his/her authorized representative.
CODE OFFICER
The Code Enforcement Officer of the City of Lock Haven or his/her authorized representative.
OWNER
Includes any owner of fee simple title, part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole of the land contiguous to the street right-of-way on which a sidewalk cafe is to be operated under the authority of this chapter.
PEDESTRIAN WALKWAY
That portion of a sidewalk area which is free of any obstruction, fixture or appurtenance and is used for pedestrian travel.
PERSON
Includes a partnership, corporation, association, trust, estate or other legally recognized entity, as well as an individual.
RESTAURANT
A food service facility where food is purchased and served in individual portions for consumption on the premises. This term shall not include an establishment which operates exclusively as a catering establishment, a mobile food unit, a grocery store or a temporary food service facility.
SIDEWALK AREA
That portion of the street right-of-ways reserved for sidewalks.
SIDEWALK CAFE
An outdoor dining area operated by a restaurant located on a public street right-of-way and/or sidewalk area and containing removable tables, chairs, and related appurtenances, which is not located on or does not encroach upon the pedestrian walkway as established under the provisions of this chapter. It shall not be enclosed by fixed walls and shall be open to the air, except that it may have a canopy.
STREET RIGHT-OF-WAY
The entire right-of-way of a public highway, public alley or public road, including the designated sidewalk areas.
A. 
It shall be unlawful to sell, offer for sale, vend, operate, maintain, serve or give away any item from a sidewalk cafe without a valid license issued by the City Code Officer.
B. 
Application for a sidewalk cafe must be made in writing to the City Code Office.
C. 
Licenses for sidewalk cafes shall only be available under the terms of this chapter. The Code Officer shall have no authority to grant licenses for sidewalk cafes for any reason except as prescribed and approved hereunder.
D. 
All sidewalk cafes and attendant facilities shall be inspected and approved by the Code Officer and shall meet any requirements of this chapter, and the Pennsylvania Department of Agriculture Bureau of Food Safety prior to the issuance of a sidewalk cafe license.
E. 
It shall be permissible for sidewalk cafes to operate within the following designated areas:
(1) 
Sidewalk areas encompassed within the boundaries of the Central Business Zoning District.
(2) 
Such other public places as may be designated by resolution of City Council.
F. 
Sidewalk cafes shall be licensed only when such are operated and serviced by a sponsoring restaurant abutting the sidewalk cafe where all food preparation, sanitation and related services for the sidewalk cafe shall be performed. A license shall be valid for one year from the date it is issued.
G. 
Acceptance of a sidewalk cafe license is an express acknowledgment and consent to the terms contained in this chapter and set by the Code Officer. The grant and usage of such license is a privilege, not a right, subject to reasonable restrictions as set out herein or as may be promulgated by the Code Officer.
H. 
As an express condition of the acceptance of a license hereunder, the recipient agrees to police for and remove all trash and debris an area extending 15 feet in each direction from the outermost portion or boundary of the sidewalk cafe at least daily.
A. 
There shall be an annual license fee for a sidewalk cafe.
B. 
Such license fee shall be fixed, from time to time, by resolution by Council.
C. 
There shall be no prorating or rebating of license fees.
Each applicant for a license under this chapter shall submit three copies of his or her application and plans for a sidewalk cafe to the Code Officer, who shall issue a license after a finding that the applicant has complied with the terms and conditions of this chapter. Applications for sidewalk cafe licenses shall include the following:
A. 
The name and street address of the applicant.
B. 
The name and street address of the owner of the sponsoring restaurant, of the owner (if not the same person) and:
(1) 
A description of the owner, 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.
C. 
The name and street address of the registered agent for the service of process, if the applicant or owner is a corporation; or the names and street addresses of the officers or partners, if the applicant or owner is 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 cafe.
E. 
The name under which the sidewalk cafe will be operated.
F. 
The street address and the City food establishment license number of the restaurant operating and servicing the sidewalk cafe.
G. 
A site plan drawn to a scale of 1/2 inch per one foot, showing:
(1) 
The entirety of the sidewalk area abutting the property of the owner;
(2) 
The frontage of the property proposed for the sidewalk cafe;
(3) 
All abutting properties;
(4) 
All existing sidewalk area features, including but not limited to trees, utility poles, utility access covers, utility grates or panels, cellar doors, sign poles, fire hydrants, permanent litter receptacles, telephone booths, news vending racks and mailboxes;
(5) 
Any bus stops or fire hydrants within 25 feet on either side of the proposed sidewalk cafe; and
(6) 
Detailed drawings of legible proportions showing the limits of the proposed sidewalk cafe 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 cafe.
H. 
The seating capacity of the proposed sidewalk cafe.
I. 
A copy or copies of the certificate or certificates of insurance required to be provided by § 332-9A(2) of this chapter.
J. 
If the serving of alcoholic beverages is proposed, proof that the applicant has a state liquor license that will allow or can be amended to allow applicant to serve alcoholic beverages in the sidewalk cafe.
All sidewalk cafes shall comply with the following standards:
A. 
A sidewalk cafe shall have a pedestrian walkway with a clear unobstructed width of four feet between the sidewalk cafe table and chairs and any obstacle (tree, pole, post, sign, planting area, bus shelter, etc., but not including flush-level obstacles such as utility access covers or utility panels), and sidewalk cafes shall not eliminate a minimum sixty-inch-by-sixty-inch passing space for all lengths of sidewalk area greater than 200 feet in length. The pedestrian walkway shall be provided with an unobstructed height of seven feet between the ground plane and an overhead obstacle (tree branch, overhead sign, awning, etc.).
B. 
No sidewalk cafe may be permanently located within the sidewalk area by means of raised deck platform, fence, walls or other structures or enclosed by fixed walls, except that sidewalk cafe boundaries may be delineated using temporary barriers such as balustrades, cordons or railings. Any such temporary barriers must be easily removed and be three feet or less in height above the sidewalk area. Under no circumstances shall temporary barriers as authorized hereunder be allowed in the pedestrian walkway, nor shall a temporary barrier be affixed to the sidewalk area or to any permanent structure other than the building associated with the application.
C. 
No sidewalk cafe shall be situated:
(1) 
Within six feet of any pedestrian crossing as defined in the Code of the City of Lock Haven;
(2) 
Within five feet along the street line of any fire hydrant or other fire-protection system;
(3) 
Within five feet of any driveway;
(4) 
Within four feet of any curbline;
(5) 
Within 10 feet to the rear of any sign marking a designated bus stop;
(6) 
In a manner which restricts sight easements of vehicular traffic; or
(7) 
In a manner which obstructs traffic control devices or traffic signs.
D. 
All sidewalk cafes shall be open to the air.
E. 
Canopies and awnings may be permitted provided that they comply with the specifications of Chapter 212, Construction Codes, Uniform, and Chapter 410, Zoning, relating to height, placement, interference with pedestrian passage and traffic sight easements.
F. 
Sidewalk cafes shall in no way obstruct the ingress to or the egress from any building or business.
G. 
All sidewalk cafes and their attendant facilities or improvements shall comply with clearances required for structures in relation to utility lines as provided in Chapter 212, Construction Codes, Uniform.
H. 
No sidewalk cafe shall be located on the sidewalk area between a building facade and a bus stop.
I. 
No portion of a sidewalk cafe or its facilities, appurtenances, planters, shrubs, tables, chairs or other materials shall be permitted in the pedestrian walkway as defined in this chapter.
J. 
Sidewalk cafes shall provide and maintain adequate lighting in and around the pedestrian walkway to allow pedestrians to observe and avoid obstructions.
K. 
Sidewalk cafes shall not obstruct access to hydrants, streetlights, telephones, mailboxes, transit stops or any other public service facility on the sidewalk area or street right-of-way.
L. 
No signs shall be hung or attached to any portion of the sidewalk cafe, except those signs that are in compliance with provisions of Chapter 410, Zoning.
A. 
Before any license is issued pursuant to this chapter, the plans submitted to the Code Officer pursuant to this chapter shall be referred to and approved by the City Engineer, Chief of Police, Fire Code Official, and, if required under the City Code, Historic District Advisory Committee (HDAC).
(1) 
Approval by the HDAC is required if the sidewalk cafe 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 HDAC in the Code of the City of Lock Haven. The HDAC shall use the review criteria for such plans relating to a sidewalk cafe's specific location, size and structure, for its compatibility of scale, design and alteration in the plans for a sidewalk cafe approved by the HDAC requires a new approval from the HDAC. Once approval is granted by the HDAC, absent a change in the plans or owner/applicant, the plans are not required to be reapproved annually.
B. 
Before granting any license, the Code Officer shall ensure that the applicant has:
(1) 
Obtained the approval of the City Engineer and Building Official for any railing, flooring or other support or enclosure used in the assembly, operation or enclosure of the sidewalk cafe. 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 unless such railing, flooring or other support or enclosure is permanently attached to such building or structure.
(2) 
Obtained the approval of the Historic District Advisory Committee (HDAC) if required.
(3) 
Complied with all rules, regulations and specifications of this chapter.
C. 
The Code Officer may impose any other restriction on the location, size or design of the sidewalk cafe that, in his/her sole judgment, protects the health, safety and welfare of the public.
A. 
Upon approval by the Code Officer of the plans submitted by the applicant and when the applicant has furnished to the City of Lock Haven the following, the Code Officer shall issue a license, valid for one year from the date it is issued:
(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 cafe. The form of said hold-harmless agreement shall be subject to the approval of the City Solicitor.
(2) 
Proof of general liability insurance in the amount of $100,000 per individual and $300,000 per occurrence.
(3) 
If applicable, proof that the applicant has a state liquor license authorizing him/her/it to serve alcoholic beverages in his/her/its sidewalk cafe.
B. 
Sidewalk cafe licenses are not transferable. Changes in ownership/operation require reapplication for a license.
Provided that the owner, applicant, liquor license status, nor plans have changed from the previous year, a sidewalk cafe license may be renewed annually without refiling of the documents set forth in § 332-6, upon satisfactory review of the complaint and inspection history, if any, which shall be provided by the Code Office, Police Department, Fire Department and Commonwealth of Pennsylvania Department of Agriculture Bureau of Food Safety, as well as renewed filing of current proof of insurance as set forth in § 332-9A(2). Each agency shall provide to the Code Officer copies of any inspection results, complaints filed and citations issued concerning the sidewalk cafe under consideration. The renewal fee for a license shall be set, from time to time, by resolution by Council.
A sidewalk cafe authorized and operated pursuant to this chapter shall:
A. 
Comply with all plans submitted to and approved by the Code Officer under § 332-4.
B. 
Serve alcoholic beverages only in conformance with Pennsylvania Liquor Control Board requirements.
C. 
Operate only during the same hours of business as the sponsoring restaurant. All patrons must be vacated from the sidewalk cafe and all utensils, containers or any other serving materials used in the operation of the sidewalk cafe or within the area used by the sidewalk cafe shall be removed from the sidewalk cafe area within one hour after closing; provided, however, that any railing, flooring or other support or enclosure used in the assembly, operation or enclosure of the sidewalk cafe may be allowed to remain on the sidewalk area if specifically permitted in the Code Officer's approval of the sidewalk cafe plans under § 332-4 above.
D. 
Remove all sidewalk cafe structures by November 15, and not install prior to April 1, in any year for which a license is granted.
(1) 
If favorable weather conditions should prevail, a licensed sidewalk cafe may temporarily reopen on a daily basis before April 1 or after November 15 of any year for which a license is granted. All tables, chairs, supports, enclosures, and other materials must be removed from the sidewalk area every day within one hour after closing.
E. 
Use no food serving or food service equipment to hold, store, heat, warm, cool, chill or otherwise keep food to be served outside of the sponsoring restaurant for use in or by a sidewalk cafe.
F. 
Serve no food or beverages to a patron at a sidewalk cafe unless that patron is seated at a table.
G. 
Comply with the City Code including, but not limited to, nuisance elements as defined in Article XIX, General Regulations, of Chapter 410, Zoning, with respect to music in the sidewalk cafe, from whatever source, and all noise.
H. 
Police for and remove all trash and debris an area extending 15 feet in each direction from the outermost portion or boundary of the sidewalk cafe at least daily.
I. 
Use only break-resistant dinnerware and glassware and serving containers in the sidewalk cafe area.
J. 
Comply with all other provisions of the Code of the City of Lock Haven, Clinton County, Pennsylvania.
The area encompassed within a sidewalk cafe authorized pursuant to this chapter, if duly licensed for sale and consumption of alcoholic beverages by the Pennsylvania Liquor Control Board, shall not be subject to the open containers prohibition of the Code of the City of Lock Haven for alcohol that remains within the approved and licensed area.[1]
[1]
Editor's Note: See Ch. 170, Alcoholic Beverages.
A. 
The City reserves the right to remove any equipment or improvements from a sidewalk cafe if an applicant or owner or licensee fails to conform with the requirements of this chapter, including but not limited to ceasing operations permitting any improvements to remain in the sidewalk area outside, of the time period specified in § 332-11D of this chapter, failing to renew a license, or revocation of a license.
B. 
If the City incurs any costs in removing any equipment or improvements from a sidewalk cafe the actual costs, including but not limited to labor, materials, equipment or any other item, service or expense incurred by the City to correct such violation, including attorney's fees and administrative fee, the owner and the applicant shall be jointly and severally liable for such costs. Upon failure of an owner to pay the amounts due the City, the City shall be entitled to collect all amounts including attorney's fees and pursue any or all the remedies available at law or in equity, from the owner, the applicant, or both, at its election.
Upon finding by the Code Officer that an applicant has violated any provisions of this chapter, the Code Officer shall give 10 days' written notice to the applicant and the owner to correct said operational violation. Upon failure to correct said operational violation within 10 days, the Code Officer may take appropriate action, as necessary, to maintain the pedestrian walkway, including but not limited to the remedies set forth in § 332-13, as well as revocation of the applicant's license. If the licensee requests, in writing, a hearing prior to the expiration of the notice period, the City Manager shall hold a hearing to determine if the license should be revoked. The licensee may present evidence in his/her/its own behalf if so desired. The City Manager's decision regarding revocation may be appealed to the City Council within 10 days of its issuance. If the licensee fails to request such a hearing, the revocation shall become effective upon the expiration of the ten-day notice period. If a license granted under this section is revoked, all tables, chairs and other appurtenances used as a part of the sidewalk cafe shall be immediately removed from the sidewalk, and the costs of removing and/or disposing of same shall be a lien upon the abutting property. Any person whose license is revoked under this section is further prohibited from applying for another license for one full year after a license is revoked under this section. This provision is independent of, and shall not be construed to limit, the City's remedies in § 332-15 of this chapter.
A. 
Whoever violates any provision of this chapter shall, upon conviction thereof in a summary proceeding, be fined not less than $50 and not more than $1,000 for each offense, to be collected as other fines and costs are by law collectible including attorney's fees, or imprisoned for not more than 90 days, or both. Each day during which a violation occurs shall constitute a separate offense.
B. 
Any person who is convicted of a violation of any of the provisions of this chapter shall have his license revoked for one full year and shall not be eligible for another license until the expiration of one full year.
C. 
If a license granted under this section is revoked, all tables, chairs and other appurtenances used as a part of the sidewalk cafe shall be immediately removed from the sidewalk, and the costs of removing and/or disposing of same shall be a lien upon the abutting property.
D. 
This chapter and the foregoing penalties shall not be construed to limit or deny the right of the City or any person to such equitable or other remedies as may otherwise be available with or without process of law.
All ordinances or parts of ordinances conflicting with the provisions of this chapter are hereby repealed.
This chapter shall become effective 20 days after final passage unless there is passed a resolution in accordance with Section 608(b) of the Optional Third Class City Charter Law accelerating the effective date.[1]
[1]
Editor's Note: See 53 P.S. § 41608(b).