[HISTORY: Adopted by the Council of the Borough of West Chester 2-17-2010 by Ord. No. 8-2010. Amendments noted where applicable.]
"Restaurant-cafes," as defined in this chapter and in the West Chester Borough Zoning Ordinance, Chapter 112 of the Borough Code, are permitted in certain areas of the Town Center District pursuant to Article VII of the Zoning Ordinance. The purpose of the restaurant-cafe designation and the districts created thereunder is to promote the pedestrian character of the Borough. The regulations governing restaurant-cafes which receive a permit as a Cafe I District restaurant-cafe and restaurant-cafes which receive a permit as a Cafe II District restaurant-cafe differ because the Cafe II District abuts residential districts.
For purposes of this chapter, the following words, terms and phrases have the meanings indicated herein:
- CAFE I DISTRICT
- An area within the Town Center District where restaurant-cafes
are a permitted use subject to the regulations in this chapter, which
area is defined as the area bounded by Gay Street to the north, Matlack
Street to the east, Market Street to the south and Darlington Street
to the west, as well as the High Street corridor between Chestnut
Street and Miner Street and the Market Street corridor between Darlington
Street and New Street.[Amended 2-19-2014 by Ord. No. 1-2014]
- CAFE II DISTRICT
- An area within the Town Center District where restaurant-cafes are a permitted use subject to the regulations in this chapter, which area is defined as all areas of the Cafe I District and the High Street corridor between Miner Street and Dean Street and Church Street between Chestnut Street and Miner Street.
- A building or part of a building used for the purpose of furnishing food and beverages to the public to be consumed on the premises and in an area on the sidewalk directly abutting and adjacent to and upon the same lot as a restaurant or any premises licensed by the Pennsylvania Liquor Control Board pursuant to regulations of the Board to conduct business on the above-mentioned premises.
It shall be unlawful for any person to erect, construct or maintain a restaurant-cafe without first applying for and securing a permit therefor as provided in this chapter. The permit shall specify if the restaurant is permitted as a Cafe I District restaurant-cafe or a Cafe II District restaurant-cafe and shall be valid from the date of issuance until the end of the calendar year in which the permit was issued.
[Amended 5-18-2017 by Ord. No. 5-2017]
Any person who shall desire to open a restaurant-cafe in the Borough shall make application therefor (the applicant) in writing to the Department of Building, Housing, and Codes Enforcement, as established by the West Chester Borough Outdoor Dining Policy, incorporated herein, as amended from time to time by Borough Council. Such application shall be accompanied by such application fee as required by a schedule of fees, established by and amended from time to time by resolution of Borough Council. Such application shall be made annually in accordance with the Outdoor Dining Policy after the first of the year, upon forms provided by the Borough, and shall set forth and include the following:
The name and address of the applicant.
A scaled plan specifying the precise location of the outdoor portion of the restaurant-cafe with a proposed seating plan, a calculation of the proposed occupant load and, where applicable, the location of any adjacent parking spaces in the public right-of-way.
The written consent of the property owner, if different than the applicant.
An agreement of indemnity as outlined in § 90A-5 and a certificate of liability insurance naming the Borough as an additional insured.
The indoor seating capacity of the restaurant-cafe.
The type of restaurant-cafe proposed by the applicant, whether it be Cafe I District restaurant-cafe or Cafe II District restaurant-cafe.
Such other information as may be required from time to time by the Borough.
No action shall be taken on any application for a permit under this section until the application has been completed in its entirety and the application fee, as required by a schedule of fees established and amended from time to time by resolution of the Borough Council, has been paid in full. The schedule of fees shall be kept on file at the Department of Building, Housing, and Codes Enforcement. There shall be no proration of fees under this subsection.
[Amended 5-18-2017 by Ord. No. 5-2017]
The applicant/property owner shall well and truly save, indemnify, defend and keep harmless the Borough of West Chester, its officers, employees, and agents from and against any and all actions, suits, demands, payments, costs, and charges for and by reason of the existence of the restaurant-cafe and all damages to persons or property resulting from or in any manner caused by the presence, location, use, operation, installation, maintenance, replacement or removal of such restaurant-café or by the acts or omissions of the employees or agents of the applicant in connection with such restaurant-cafe. Such indemnification shall be provided through the execution of the Borough's indemnification agreement for restaurant-cafes, made available by the Borough, incorporated herein, as amended from time to time. The applicant/property owner must obtain and maintain an insurance policy which covers general liability in the area of the restaurant-cafe, which is within the public right-of-way, which names the Borough as an additional insured.
Editor's Note: Said indemnification agreement is on file in the Borough offices.
The following regulations shall apply to restaurant-cafes.
A minimum pedestrian walkway of 54 inches clear is to be maintained in front of the restaurant-cafe.
The minimum height of umbrellas which project into the required minimum pedestrian walkway shall be 80 inches.
There shall be no advertising displayed on umbrellas or tables which are located on the sidewalk directly abutting or adjacent to the restaurant-cafe.
If on-street parking exists in front of the restaurant-cafe, tables on the curbline are prohibited. If on-street parking does not exist in front of the restaurant, tables are permitted at the curbline, provided that a barrier is erected which is approved by the Borough's Historic Architectural Review Board (HARB) and Borough Council.
Tables which are placed on the sidewalk directly abutting or adjacent to the restaurant-cafe shall not exceed 13 square feet in area.
The Cafe I District restaurant-cafe shall not utilize disposable plates or utensils.
There shall be no temporary signs or banners permitted outside of the restaurant-cafe.
The owner of the restaurant-cafe is responsible for keeping the pedestrian walkway in front of the premises clean and free of trash and debris.
Owners of a Cafe I District restaurant-cafe must stop serving customers on or before 11:00 p.m. prevailing time and clear all tables of food, beverages and customers on or before 12:00 midnight prevailing time.
Owners of a Cafe II District restaurant-cafe must stop serving customers on or before 9:00 p.m. prevailing time and clear all tables of food, beverages and customers on or before 10:00 p.m. prevailing time.
Owners of a Cafe I District restaurant-cafe must provide table service.
All owners of a restaurant-cafe must provide trash receptacles, acceptable to the Borough of West Chester, which are located at the exterior of the premises.
The Cafe I District restaurant-cafe shall serve all beverages in glass only. No alcoholic beverages shall be served or allowed to be consumed in a Cafe II District restaurant-cafe.
The owner shall maintain the restaurant-cafe in accordance with all Borough ordinances and state and federal laws, as well as rules and regulations promulgated and adopted by the Borough which pertain to the use of restaurant-cafes.
Notice for removal.
The owner shall remove the outdoor portion of the restaurant-cafe within 30 days after written notice by the Borough if the Borough determines that the restaurant-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:
Due to pedestrian traffic changes, the restaurant-cafe narrows the sidewalk to the extent that pedestrian traffic is impeded;
The restaurant-cafe interferes with the maintenance or installation of an underground utility structure;
The restaurant-cafe is no longer being used as such;
The restaurant-cafe has been temporarily or permanently closed for violation of any Borough, state or federal law and/or regulation; or
The restaurant-cafe is operated in violation of any ordinance, rule or regulation of the Borough of West Chester.
In the event that the owner fails to remove the restaurant-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 restaurant-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.
Any restaurant-cafe that is located on a public street that is closed to vehicular traffic during the Borough's Restaurant Festival shall close its outdoor seating area for the duration of the Restaurant Festival.
[Added 4-21-2010 by Ord. No. 11-2010]
Borough Council may approve the erection of a railing or fence in the sidewalk right-of-way as part of the permit for the restaurant-cafe subject to the following criteria:
[Added 8-17-2011 by Ord. No. 14-2011]
All railings shall be wrought iron in dark muted colors.
Railings must be installed with removable sections.
The design of the railing shall not include sharp points on top of the rails.
The height of the railing shall be a minimum of 30 inches and a maximum of 45 inches above the sidewalk grade.
If on-street parking abuts the sidewalk where the railing is proposed to be located, the railing shall be installed a minimum of 18 inches from the curbline. If there is no on-street parking which abuts the sidewalk where the railing is proposed to be located, the railing shall be installed at the curbline.
[Amended 5-18-2017 by Ord. No. 5-2017]
The West Chester Borough Outdoor Dining Policy, as amended from time to time, which provides additional guidelines, standards, and regulations, is incorporated herein. The Borough may, from time to time, through its Outdoor Dining Policy, promulgate whatever rules or regulations it deems necessary or desirable to effectuate the purposes of this chapter, and the same shall be approved by the Borough Council.
Any person who violates or permits the violation of any provision of this chapter shall, upon conviction thereof in a summary proceeding brought before a District Justice, be guilty of a summary offense and shall be subject to the payment of a fine, not less than $50 for the first offense, not less than $100 for the second and subsequent offense and not more than $1,000 plus the costs of prosecution. Upon default of payment thereof, the defendant may be sentenced to imprisonment in the county prison for a period of not more than 30 days. Each section or provision of this chapter that is violated shall constitute a separate offense and each day or portion thereof in which a violation of this chapter is found to exist shall constitute a separate offense each of which violations shall be punishable by a separate fine imposed by the District Justice in the amounts stated hereinabove.