[HISTORY: Adopted by the City Council of the City of Lock
Haven 3-20-2017 by Ord. No. 970. Amendments noted where applicable.]
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.
Property contiguous to a street right-of-way on which a sidewalk
cafe will be operated under the terms of this chapter.
The City Engineer or his/her authorized representative.
The Code Enforcement Officer of the City of Lock Haven or
his/her authorized representative.
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.
That portion of a sidewalk area which is free of any obstruction,
fixture or appurtenance and is used for pedestrian travel.
Includes a partnership, corporation, association, trust,
estate or other legally recognized entity, as well as an individual.
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.
That portion of the street right-of-ways reserved for sidewalks.
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.
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.
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.
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.
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.
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:
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.
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]
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.
