[1]
Editor's Note: Former Part 11, Amusement Devices, adopted
9/14/1982 by Ord. 1451, as amended, was repealed 11/10/2015 by Ord.
2015-2257.
[Ord. No. 2018-2299, 1/8/2019]
This Part shall be known as "Sidewalk Cafe."
[Ord. No. 2018-2299, 1/8/2019]
The purpose of the sidewalk cafe designation is to advance the
public purposes of stimulating economic activity and providing amenities
in the business district in the Borough of Phoenixville.
[Ord. No. 2018-2299, 1/8/2019]
Definitions. The following words and phrases, as used herein,
shall have the meanings hereby ascribed to them, except in those instances
when the context clearly indicates a different meaning:
The Borough of Phoenixville.
The Borough of Phoenixville Borough Manager or his or her
designee.
The Department of Codes Enforcement of the Borough.
The Director of the Department of Codes or her/his designee.
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 Part.
The sidewalk details which have been approved for use in
establishing the pedestrian zone and identified in this Part as pedestrian
zone details. Such pedestrian zone details shall be made available
for review and copies provided upon request at Borough Hall. The Borough
may, from time to time by resolution, amend the pedestrian zone details
as deemed necessary and appropriate by the Borough Council.
Any permit, in writing as issued by the Borough Manager or
his or her designee.
A paved surface between the curbline or the lateral line
of a roadway and the adjacent property line or easement of private
property that is intended for use by pedestrians.
A place maintained anywhere outside the property's building
footprint, used for the purpose of furnishing food and/or beverages
to the public. This includes any area on the sidewalk directly abutting
and adjacent to the eating place.
[Ord. No. 2018-2299, 1/8/2019]
It shall be unlawful for any person to erect, construct or maintain
a sidewalk cafe without first applying for and securing a permit therefor
as provided in this chapter. The permit shall specify if the business
is permitted as a sidewalk cafe and shall be valid from the date of
issuance until the end of the calendar year in which the permit was
issued.
[Ord. No. 2018-2299, 1/8/2019]
1.
The following regulations shall apply to restaurant-cafes.
A.
A minimum pedestrian walkway of 60 inches clear shall be maintained
in a contiguous, linear alignment as designated by the Department
and acknowledged on the permit. Acceptable examples are contained
in the pedestrian zone details.
B.
The minimum height of umbrellas which project into the required minimum
pedestrian walkway shall be 84 inches.
C.
There shall be no objectionable advertising displayed on umbrellas
or tables which are located on the pedestrian walkway in the sidewalk
cafe.
D.
Tables which are placed on the pedestrian walkway within the sidewalk
cafe shall not exceed 16 square feet in area.
E.
Sidewalk cafes providing table service shall serve all products in
glass or on china with silverware and linens. Sidewalk cafes providing
table service shall not utilize disposable products.
F.
The owner of the sidewalk cafe is responsible for keeping the pedestrian
walkway in front of the property clean and free of trash and debris.
G.
Owners of a sidewalk cafes shall stop serving customers and clear
all tables of food, beverages and customers at or before 11:00 p.m.,
prevailing time.
H.
Furnishings for sidewalk cafes shall consist solely of movable tables,
chairs and decorative accessories. Furnishings must be kept in a state
of good repair and in a clean and safe condition at all times. No
plastic furniture will be allowed. All furniture must be approved
by the Director.
I.
Tables, chairs, and all other furnishings or accessories may not
be left in place during nonbusiness hours, but shall be either stored
indoors or stacked and stored in an orderly fashion adjacent to the
structure.
J.
Tables, chairs or any other fixtures used in connection with a sidewalk
cafe shall not be attached, chained or in any manner affixed to any
tree, post, sign or other Borough-owned fixture.
K.
The owner shall maintain the sidewalk cafe in accordance with all
Borough ordinances and county, state and federal laws, as well as
rules and regulations promulgated and adopted by the Borough which
pertain to the use of sidewalk cafes.
[Ord. No. 2018-2299, 1/8/2019]
1.
The owner shall remove the sidewalk portion of the restaurant-cafe
within 30 days after written notice by the Borough if it determines
that the sidewalk cafe is detrimental to the health, safety and general
welfare of the Borough or its citizens because one or more of the
following conditions has occurred:
A.
Due to pedestrian traffic changes, the sidewalk cafe narrows the
pedestrian walkway to the extent that pedestrian traffic is impeded;
B.
The sidewalk cafe interferes with the maintenance or installation
of an underground utility structure;
C.
The sidewalk cafe is no longer being used as such;
D.
The sidewalk cafe has been temporarily or permanently closed for
violation of any Borough, county, state or federal law and/or regulation;
E.
The sidewalk cafe is operated in violation of any ordinance, rule
or regulation of the Borough of Phoenixville; or
F.
The sidewalk cafe is permitting nonpatrons of its establishment to
utilize its sidewalk seating area or allows patrons or nonpatrons
to leave and enter the sidewalk cafe area with open alcoholic beverages.
2.
In the event that the owner fails to remove the sidewalk cafe within
30 days after written notice, the Borough may proceed to remove and
restore the area and charge the owner for the cost thereof. Should
the sidewalk cafe be removed by the Borough, the owner shall be entitled
to a return of the equipment, furnishings or appurtenances so removed
only after the payment of all costs due to the Borough and by requesting
the return in writing. The responsibility for removal under the provisions
of this subsection shall be the sole responsibility of the owner without
any obligation or cost assessed against the Borough.
[Ord. No. 2018-2299, 1/8/2019]
The penalty for violation of this Part shall be a fine of at
least $50 for the first offense and not less than $100 for the second
and subsequent offense. The failure to pay the fine within 10 days
shall result in imprisonment for a period not exceeding 10 days, together
with costs. Each day that a violation of this Part continues shall
constitute a separate offense.
