[Adopted by the Municipal Council 11-18-2008 by Ord. No. 08-26]
The purpose and intent of this article is to allow portions
of the public sidewalks in front of eating establishments to be used
for sidewalk dining subject to issuance of a sidewalk dining license
and strict compliance with all conditions set forth herein. This limited
authorization to use the public sidewalk is intended to advance the
public purposes of stimulating economic activity and providing amenities
in the business districts of the Municipality of Norristown, and such
authorization shall be solely in the nature of a revocable license
which shall not be deemed to vest licensees with any property interest
or other rights m the public sidewalks.
A.
No person shall engage in or allow sidewalk dining on any public
sidewalk without having first obtained a sidewalk dining license.
B.
An application, sworn to by the applicant, for a sidewalk dining
license shall be filed annually with the Municipality Zoning Officer
on forms supplied by the Municipality Zoning Officer. The forms shall
require the following information and such additional information
as deemed necessary.
(1)
The name of the applicant and the address.
(2)
The name and address of the eating establishment where sidewalk dining
is to be maintained.
(3)
A description of the dimensions of the area and the number of tables
to be used for sidewalk
(4)
Consent of the owner of the premises, if other than the applicant.
(5)
A certificate of insurance providing at least $500,000 of comprehensive
general liability extending premises' coverage to all activities associated
with sidewalk dining and listing the Municipality of Norristown as
an additional insured with respect to such activities. This requirement
may be increased at the discretion of the Municipality of Norristown
Zoning Officer.
(6)
A check payable to the Municipality of Norristown in the amount of
the license fee required by the Municipality and set by resolution
of Municipal Council.
A.
The Municipal Zoning Officer shall review the application investigation
report on each applicant. The Municipal Zoning Officer shall approve
or deny the application, based on the zoning district and public safety
concerns.
B.
Any applicant who is denied a license may request in writing a hearing
on the denial decision before Municipal Council.
The annual license fee shall be set by resolution of Municipal
Council.
A.
A sidewalk dining license shall be valid from April 1 until November
15 of a given year, and a new license must be obtained for each year.
B.
A sidewalk dining license may not be transferred.
C.
The license shall be displayed in a conspicuous place on the premises
prior to the use of the premises for sidewalk dining.
The conduct of sidewalk dining pursuant to a license issued
under this article shall be subject to all of the following restrictions
and requirements.
A.
Public sidewalk dining may be conducted by any licensed business
within the Municipality of Norristown.
B.
The sidewalk dining area must not inhibit pedestrian traffic on public
sidewalks, and an area must be open and unobstructed for pedestrian
traffic between the closest edge of the cafe-type tables (no picnic
benches) and the curbline, which area shall have a minimum width of
the greater of six feet or half of the sidewalk width.
C.
Restaurateurs shall not place anything in an alleyway or walkway
or set up tables in such a manner as to block any alleyways or walkways
or any building entrance or egress. It shall be unlawful to 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.
D.
The only items permitted are tables, chairs, umbrellas and containers
for the disposal of recyclable cans/bottles and garbage.
E.
Restaurateurs shall not place any table, sign, umbrella or other
item in such a manner as to block any municipal signs, receptacles
for garbage, public benches or other public amenity including fire
hydrants.
F.
Restaurateurs must provide for the disposal of recyclable cans/bottles
and garbage. Public receptacles for garbage shall not be used. Sidewalk
areas shall be kept clean during hours of operation. Litter shall
not be permitted on adjoining sidewalks or property.
G.
Restaurateurs are prohibited from serving drivers or passengers of
vehicles. All customers must be seated throughout their meal.
H.
Restaurateurs are prohibited from using public utility hookups.
I.
All sound systems are strictly prohibited.
J.
All food preparation shall be in the regular kitchen area of the
restaurant, not outside.
K.
All outdoor food service is subject to the regulations of the Montgomery
County Department of Health.
L.
The placement of outdoor tables shall be limited to the area immediately
in front of existing and/or property-approved restaurants, cafes or
eating establishments. No portion of any sidewalk dining equipment,
including chairs, tables and opened umbrellas, shall encroach upon
the sidewalk area in a manner to block, impede or cover adjacent storefronts,
doors or windows in front of other business establishments.
M.
Sidewalk dining may commence April 1 and may continue through November
15.
N.
Permissible hours of operation shall be from 11:00 a.m. to 10:00
p.m.
O.
Alcohol service or consumption is permitted only if the licensee
provides outside waiter/waitress service and obtains half of its gross
revenues in a calendar year from serving food.
P.
Everything must be removed and sidewalks must be washed daily by
10:30 p.m.
Q.
The Municipality retains the right to temporarily suspend a sidewalk
dining license to allow for construction activity, utility repairs,
special events or for other reason as deemed appropriate by the Municipal
Council, with reasonable advance notice to be given to affected licensees.
Any license may be suspended or revoked for good cause by the
Zoning Officer, including but not limited to a misrepresentation of
the information supplied in the application, the conviction of a crime,
a violation of any ordinance, statute or government regulation or
a violation of this article. Should the licensed business violate
one of the aforementioned provisions during one calendar year, the
business shall have its license revoked.
The Municipal Zoning Officer or their designee shall be responsible
for licensing and the collection of fees. This article shall otherwise
be enforced by the Zoning Officer, Code Enforcement Officers, or the
Norristown Police Department.
Any violations of the provisions of this article shall be punishable
by a fine not to exceed $500. Each day the violation shall continue
after a notice and a reasonable opportunity to correct or remedy the
violation shall constitute a separate violation.
This article shall become effective in accordance with the Home
Rule Charter.
