[Amended 8-13-2007 by Ord. No. 2007-13]
It shall be unlawful to occupy any fixed location
upon any of the streets, alleys, sidewalks or Borough parking lots
of the Borough of Chambersburg or any other property owned, leased
to, or controlled by the Borough of Chambersburg for the purpose of
selling any goods, wares or merchandise of any type whatsoever, with
or without any stand, counter or vending machine.
[Amended 8-13-2007 by Ord. No. 2007-13; 5-14-2012 by Ord. No. 2012-06]
Except as may be permitted by the provisions of Chapter
226, Article
III, relating to temporary signs and banners, it shall be unlawful to place any sign on the streets, alleys, sidewalks or Borough parking lots or any other property owned, leased to or controlled by the Borough of Chambersburg for sales purposes. This prohibition shall not apply to signs overhanging sidewalks. Any sign for sales purposes on any merchandise of any type is prohibited.
[Amended 6-26-1996 by Ord. No. 96-5; 8-13-2007 by Ord. No.
2007-13]
Exceptions to the vending and sign prohibitions
above are limited to the following:
A. Special downtown sales days or events, with the permission
of the Borough, provided that such vending is not objected to by the
owner or lessees as to locations directly in front of any permanent
place of business and providing, further, that pedestrian traffic
is not obstructed.
B. Curb market on Memorial Square, with the permission
of the Borough, subject to such terms and conditions as the Borough
may provide.
C. Special sidewalk permit sales, that is, sales directly
in front of a vendor’s permanent place of business, provided
the vendor obtains from the Office of the Borough Secretary a permit
and conspicuously displays the permit at the place of vending, which
permit shall be good for not more than two consecutive sale days.
The sidewalk shall have four consecutive feet of unobstructed width
for pedestrian traffic. A vendor may not receive more than two special
sidewalk sale permits per calendar year. The fees for each permit
are assessable by the Borough for the administration and enforcement
undertaken pursuant to this article and the Code, and shall be established
by the Borough by resolution from time to time. The current fee schedule
is available from the office of the Borough Secretary.
[Amended 6-13-2011 by Ord. No. 2011-05]
D. Vending of flowers, plants and shrubs, provided that
there is at least four consecutive feet in sidewalk width that is
not obstructed in any way and provided that such vending is done with
the permission of the owner or lessee of the business in front of
which such vending is done.
E. Sales of food or beverage by nonprofit organizations,
provided that there is at least four consecutive feet in sidewalk
width that is not obstructed in any way and provided that such vending
is done with the permission of the owner or lessee of the business
in front of which such vending is done. Vendor is required to obtain
and display a health license from the Borough of Chambersburg (or
its designee).
F. Sidewalk cafes.
[Added 11-17-2008 by Ord. No. 2008-14]
(1) Sidewalk cafes shall be authorized upon obtaining
a permit from the Borough of Chambersburg. An application for a permit
may be made by the owner of a building or the tenant of a building
occupied and used as a restaurant fronting on the sidewalk area to
be used as a sidewalk cafe. Such permits shall be valid for five years
from the date of issuance.
(2) A permit for a sidewalk cafe may be issued and remain
in effect only when the following conditions are met and maintained:
(a)
The area to be utilized as a sidewalk cafe area
must be clearly marked, and there must be a temporary partition separating
the sidewalk cafe from the adjacent public sidewalk as well as adjacent
properties. The partitions shall not be permanent and may not be more
than 30 inches in height. No advertisement of any kind shall be placed
upon any part of the partition.
(b)
No more than half the sidewalk area may be utilized for a sidewalk cafe, and in no case shall less than four feet of public sidewalk remain available for pedestrian traffic. Tables for the services of food and beverage within the area of the sidewalk cafe must be set back no less than 12 inches from the partitions required in Subsection
F(2)(a) next above. Furthermore, tables cannot interfere with access to parked vehicles.
(c)
No food preparation shall take place within
the sidewalk cafe.
(d)
The maximum hours of operation shall be from
8:00 a.m. to 12:00 midnight, prevailing time.
(e)
Patrons must remain seated while consuming food
or beverage.
(f)
When application for a permit is made by other
than the owner of the building in which the restaurant activity is
being conducted, the owner of the building must sign the application
for the purpose of indicating the consent of the owner to the sidewalk
cafe activity for which the permit is being sought.
(g)
Prior to the issuance of a permit under this
provision, the applicant must provide the Borough with a certificate
of insurance evidencing the following:
[1]
A certificate evidencing liability insurance
in an amount not less than $1,000,000 naming the applicant as well
as the Borough of Chambersburg, its officers and employees as insureds,
said insurance covering property damage and personal injury arising
out of the operation and control of said sidewalk cafe, which policy
shall be kept in force at all times during the operation of the sidewalk
cafe. Notwithstanding the fact that the permit, when granted, will
be valid for a period of five years, a new certificate of insurance
must be presented to the Borough evidencing continuing insurance coverage
on each annual anniversary date of the issuance of the permit.
[2]
A fully executed and recordable agreement signed
by the applicant, and, in those instances in which the applicant is
different from the property owner, also signed by the property owner,
agreeing to indemnify and hold harmless the Borough of Chambersburg,
its officers and employees from any and all claims, actions, injuries
or damages of every kind and description which may accrue to or be
suffered by any person by reason of or related to the operation of
the sidewalk cafe.
(3) The permit to be issued pursuant to the terms of this
provision shall not be deemed to supersede any other applicable ordinance
or regulation of the Borough of Chambersburg. It shall be a condition
precedent to the issuance of a permit under this section as well as
the right to continue to hold a permit that the applicant/permit holder
must be and remain in full compliance with all other applicable Borough,
state and federal ordinances, statutes and/or regulations.
(4) The permit holder shall be solely responsible for
the maintenance of good order and quiet peaceful conduct of patrons
of the sidewalk cafe. At no time shall the free passage of pedestrians
using the public sidewalk be disturbed or obstructed by patrons.
(5) At no time shall litter from the operation and/or
area of the sidewalk cafe be permitted to travel onto the public sidewalk
area or the area of adjacent properties.
(6) The service and consumption of alcoholic beverages
shall be permitted within the area of the sidewalk cafe so long as
such service and consumption is not in violation of the Pennsylvania
Liquor Code and/or regulations issued thereunder. In addition, the
following specific requirements relating to the consumption and possession
of alcohol by patrons must be met at all times:
(a)
No alcoholic beverages may be served or consumed
outside of the area designated as the sidewalk cafe.
(b)
All alcoholic beverages shall be consumed from disposable or nondisposable glassware or other drinking utensil provided by the permit holder. No alcoholic beverage shall be consumed directly from the original bottle or can in which it was obtained from the brewer, distiller, or other maker. No alcoholic beverage intended to be removed from the site shall be sold in or transported by patrons from the sidewalk cafe area except where expressly authorized during an event open to the public pursuant to Chapter
92 of the Code of the Borough of Chambersburg, entitled "Alcoholic Beverages."
[Amended 10-14-2019 by Ord. No. 2019-11]
G. Events open to the public. All outdoor events open to the public, either on private property, not including establishments licensed by the Pennsylvania Liquor Control Board, or on public property, involving possession, distribution, or consumption of open containers of alcoholic beverages shall be governed by §
92-3 of Chapter
92 of the Code of the Borough of Chambersburg, entitled "Alcoholic Beverages."
[Amended 10-14-2019 by Ord. No. 2019-11]
[Amended 10-25-2004 by Ord. No. 2004-17]
Any person who violates any provision of this
article, upon conviction thereof, shall be sentenced to pay a fine
of not more than $300 and costs of prosecution and, in default of
payment of such fine and costs, to imprisonment for not more than
30 days. Each day's continuation of unpermitted vending shall be considered
a separate offense.