[Ord. No. 2022-5, 4/18/2022]
The purpose and intent of this Part 13 is to allow on-street parking stalls abutting a property used as a sit-down eating place, as defined, described and regulated pursuant to § 406, Subsection 33, of the Zoning Ordinance, and which is situate within an area designated as CC Central Commercial by the Zoning Ordinance, to be used for dining, subject to the owner or operator of such sit-down eating establishment obtaining a platform dining license, as provided for herein and strictly complying with all provisions hereof. The granting of such privilege to use the on-street public parking space for the purpose provided for herein is intended to create desirable amenities within certain areas of the Borough and advance the public purpose of promoting and stimulating economic activity within the Borough. It is intended that the granting of such privilege to use the on-street public parking 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 platform dining licensee any property interest or other rights in or to any public parking stall or cartway or the use thereof other than the privilege to use same as provided for herein.
[Ord. No. 2022-5, 4/18/2022]
1. 
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.
LICENSED PLATFORM DINING AREA
An on-street public parking stall or designated loading area abutting a property used as a sit-down eating place, as defined, described and regulated pursuant to § 406, Subsection 33, of the Zoning Ordinance and which is licensed by the Borough for platform dining. Unless otherwise extended, the licensed platform dining area shall include one parking stall or the equivalent length of one parking stall.
PERSON
Includes an individual, firm, association, organization, partnership, trust, company, corporation or any other similar entity.
PLATFORM
A structure built in accordance with approved design standards.
PLATFORM DINING
The location, occupancy and use of a parking stall for sit-down eating establishment purposes as defined, described and regulated pursuant to § 406, Subsection 33, of the Zoning Ordinance, where such use of the licensed parking stall is part of an actively existing sit-down eating establishment operating in a building the front of which, or any front yard thereof, abuts the licensed parking stall.
ZONING ORDINANCE
The Doylestown Borough Zoning Ordinance of 1985, as amended, being Chapter 27 of the Code of Ordinances of the Borough of Doylestown.
[Ord. No. 2022-5, 4/18/2022]
From and after the effective date of this Part 13, 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 CC Central Commercial by the Zoning Ordinance, to locate, occupy and use certain on-street public parking which directly abuts and is coextensive with the front of such property for platform 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 platform dining area and otherwise complies in all respects with the provisions of this Part 13, and it shall be unlawful for any person to locate, occupy and use any portion of the on-street public parking of the Borough for platform dining without first obtaining such a license as provided for herein or as otherwise permitted by the Borough of Doylestown's Code of Ordinances.
[Ord. No. 2022-5, 4/18/2022]
1. 
The Borough shall not issue more than two licenses per block.
2. 
For the initial license term:
A. 
Licenses will be issued on a "first-come" basis.
B. 
Only one license will be issued to each person until February 28.
C. 
If there are available licenses as of March 1, licensees may be eligible for extension to a contiguous second parking stall upon request; provided, however, that said request shall be accompanied by the supporting documentation and fees required in this Part 13.
3. 
For subsequent license terms:
A. 
Licensees for a single license or an extended license issued in accordance with § 1304, Subsection 2C, from the most recent license term will be given the opportunity for renewal until January 31.
B. 
After January 31, applications will be accepted in accordance with the process for the initial license term.
[Ord. No. 2022-5, 4/18/2022]
1. 
Application, sworn to by the applicant, for a platform dining license shall be filed 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 deemed reasonably necessary to process the application in accordance with the requirements of this Part 13:
A. 
The name and address of the applicant.
B. 
The business name, address and tax parcel number of the sit-down eating establishment abutting the proposed licensed platform dining.
C. 
The name and address of the title owner of the premises where the sit-down eating establishment abutting the proposed licensed platform dining is situate.
D. 
A copy of the Pennsylvania Liquor Control Board (PLCB) liquor license, if any, applicable to the sit-down eating establishment abutting the proposed licensed platform dining.
E. 
A plan and description of a) the proposed licensed platform dining 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; c) the existing curbline; d) existing road pavement markings for the full property width delineating existing parking stalls, crosswalks, traffic lanes; and e) the location of all existing sign posts, fire hydrants, streetlights, utility poles, bicycle racks, alleyways, walkways, driveways, building entrances and exits, and passageways. The Zoning Officer may accept high-quality color photographs, including aerial, if features are adequately depicted, labeled, and dimensioned.
F. 
A detailed construction drawing showing surface materials, framing, fence type and connections.
G. 
An acknowledgment and agreement that the applicant, by accepting the platform 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 platform dining 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 platform dining area for platform 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 platform dining license, at the sole cost and expense of the applicant.
H. 
A check or checks payable to the Borough of Doylestown in the amount of the fees required pursuant to § 1307 of this Part 13.
[Ord. No. 2022-5, 4/18/2022]
All applications for platform dining licenses shall be reviewed by the Zoning Officer with respect to all of the standards, conditions and criteria set forth in this Part 13, 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 platform 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.
[Ord. No. 2022-5, 4/18/2022]
1. 
A nonrefundable fee for platform dining licenses shall be provided in an amount established by resolution of the Borough Council and included in the Borough's schedule of fees.
2. 
Platform dining licensees shall provide a refundable removal and impoundment escrow in an amount established by resolution of the Borough Council and included in the Borough's schedule of fees.
[Ord. No. 2022-5, 4/18/2022]
1. 
The term of a platform 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 platform dining license was issued or 7:00 a.m., prevailing time, on the next April 1 of the calendar year in which it was issued, whichever is later, and expire absolutely at 10:30 p.m., prevailing time, on October 31 of the same calendar year.
2. 
A platform dining license issued pursuant to the provisions of this Part 13 shall inure solely to the benefit of the platform dining licensee and shall not be assignable or otherwise transferable to any other person.
[Ord. No. 2022-5, 4/18/2022]
1. 
The issuance of a platform dining license pursuant to this Part 13 shall be subject to and conditioned upon compliance with the following standards, requirements and restrictions:
A. 
Platform dining shall be conducted on a platform.
B. 
Platform dining licenses will not be issued for parking stalls designated as handicapped parking.
C. 
Platform 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, Subsection 33, of the Zoning Ordinance, which is situate within an area designated as CC Central Commercial by the Zoning Ordinance, and which property directly abuts the licensed platform dining area.
D. 
The licensed platform dining area shall not inhibit pedestrian or vehicular traffic on the public sidewalks or streets.
E. 
A platform dining licensee hereunder shall not place anything in any alleyway, driveway or walkway which intersects the licensed platform 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 platform 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.
F. 
The only items or equipment permitted within the licensed platform area shall be the platform, 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 platform area and aesthetically compatible with adjacent uses and subject to the approval of the Zoning Officer. A platform dining licensee shall not place any sign, except for a licensed movable sidewalk sign, within the licensed platform 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 platform area.
G. 
No tents, enclosures, canopies, or roofs of any kind are permitted in a platform dining area.
H. 
A platform dining licensee shall not place any table, licensed movable sidewalk sign, umbrella or other item or equipment within the licensed platform area in such manner as to block any municipal signs, receptacles for garbage, public benches or other public amenity, including fire hydrants.
I. 
A platform 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 adjacent public sidewalk and street areas shall be kept clean and free of litter.
J. 
The sale or service of food or beverage by a platform dining licensee hereunder shall be strictly limited to customers seated at tables within the licensed area; sales or service of food or beverage outside of or beyond the licensed platform 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.
K. 
Public utility hookups are prohibited within the licensed platform area.
L. 
Sound systems for musical entertainment or otherwise are prohibited within the licensed platform area.
M. 
Food and beverage preparation is prohibited within the licensed platform area; all food and beverage preparation shall occur within the platform dining licensee's building which abuts the licensed platform area.
N. 
All outdoor food and beverage service shall be subject to the regulations of the Bucks County Department of Health.
O. 
Platform dining shall be permitted during and limited to the term of a platform 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. No platforms, related construction materials, tables, chairs, or other related equipment may be stored or placed in the platform dining area at any time that is not within the term of the platform dining license.
P. 
Platform dining service 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 platform dining license granted hereunder.
Q. 
The sale, service and/or consumption of alcoholic beverages within the licensed platform area is prohibited unless the platform dining licensee is permitted to sell and serve alcoholic beverages within the platform dining licensee's building or if alcoholic beverages are otherwise consumed within the business, and any front yard thereof, which abuts the licensed platform 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 platform area.
R. 
All items and equipment placed in the licensed platform area shall be removed therefrom and properly secured and stored outside of the licensed platform area, and the area shall be washed, all by 10:30 p.m., prevailing time, daily, during the term of the platform dining license.
S. 
No tables, chairs, umbrellas, or equipment may overhang or extend beyond the platform on the sides adjacent to vehicular traffic lanes or parking stalls except as specifically authorized from time to time by Borough Council.
T. 
Platform dining licensees may place tables, chairs, umbrellas, and equipment such that they extend up to two feet onto the curb and sidewalk without obtaining a sidewalk dining license. These encroachments are subject to the standards, requirements, and restrictions of the Doylestown Borough Code of Ordinances, Chapter 13, Part 10, known as the "Sidewalk Dining Ordinance."
U. 
Platforms, tables, chairs, and any platform dining equipment shall be removed if determined to be necessary by the Borough or Central Bucks Regional Police Department during emergency operations, including, but not limited to, unplanned utility repair.
V. 
A platform 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.
W. 
Nothing herein contained shall be construed to relieve any person from full compliance with parking requirements of Chapter 15 of the Doylestown Borough Code of Ordinances at all times, except when a valid platform dining license has been issued and is in use during the limited platform dining seasonal term.
[Ord. No. 2022-5, 4/18/2022]
A platform 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 a platform 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 13 by the platform dining licensee.
[Ord. No. 2022-5, 4/18/2022]
The Zoning Officer shall be responsible for the licensing and the collection of fees under this Part 13; otherwise, this Part 13 shall be enforced by the Zoning Officer, the Code Enforcement Officers, or the Central Bucks Regional Police Department ("Department").
[Ord. No. 2022-5, 4/18/2022]
Any person who shall violate any provision of this Part 13 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. The Borough or the Department shall determine the reasonable time period based on the severity of the violation and potential threat to public safety.
[Ord. No. 2022-5, 4/18/2022]
The Central Bucks Regional Police Department and the Borough of Doylestown are hereby authorized to remove and impound or to order the removal and impoundment by their designee of any platform or related tables, chairs, or equipment on any of the streets, highways or public property in the Borough of Doylestown in violation of any license, provision of the law, or of any ordinance of the Borough of Doylestown, or otherwise subject to removal and impoundment pursuant to such authority as may be granted by any other applicable law, statute, regulation or ordinance. The Borough shall keep a record of all equipment removed, towed and/or stored or impounded and shall be able at all reasonable times to furnish the owners and/or agents of the owners of such items with information as to the place of storage and the circumstances of such removal and impoundment.
[Ord. No. 2022-5, 4/18/2022]
The provisions of this Part are severable. If any sentence, clause or portion of this Part 13 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 13. It is hereby declared as the intent of the Borough that this Part 13 would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or portion thereof not been included herein.