[Ord. 4-2013, 7/17/2013]
1. Definitions. As used in this Part, the following terms shall
have the indicated meanings:
Any raw, cooked or processed edible substance, beverage or
ingredient used or intended to be used in whole or part for human
consumption; provided, however, that products in hermetically sealed
containers processed by heat to prevent spoilage and dehydrated dry
or powered products so low in moisture content as to preclude development
of microorganisms are excluded from the terms of this definition.
Further, raw and uncut food from the plant kingdom which has been
grown in the Borough of Conshohocken is excluded from the terms of
this definition.
Any person who transports, distributes or sells to the public
foods, prepared foods or readily perishable food of a kind deemed
by the Health Officer to be capable of causing human foodborne illness
from a truck, trailer, cart, bicycle or other vehicle. "Readily perishable
foods" shall mean any food or beverage or ingredients consisting in
whole or in part of milk, milk products, eggs, meat, fish, poultry
or organisms which can cause food infections or food intoxication.
[Ord. 4-2013, 7/17/2013]
1.
License. In addition to any other applicable license requirement,
no person shall sell or distribute to the public prepared or perishable
food from any food-vending vehicle without obtaining a license from
the Borough.
2.
Application. Applications for licenses required by this Part shall
be on forms provided by the Borough which will set forth the name,
residence and business address of the applicant and the names of the
persons operating the establishment or establishments from which the
prepared or perishable food will be obtained.
3.
Issuance Restricted. A license required by this Part will not be
issued by any person until the Health Officer has inspected and approved
the establishment from which food is to be obtained. Written permission
to inspect or reinspect such establishment shall be given by the applicant.
4.
Refusal to Issue; Revocation. Every food vendor shall upon demand
furnish to the Health Officer such additional information as may be
required to enable the Health Officer to determine whether the provisions
of the Borough health regulations are being complied with. Failure
to furnish this information promptly or failure to give written permission
to inspect or reinspect sources of food supplies shall result in the
refusal to issue, or the revocation of, the food vendor's license.
The Health Officer may suspend or revoke any license if he/she finds
that the licensee has violated any of the provisions of the Borough's
health regulations.
5.
Display. The license required by this Part shall at all time be kept
posted prominently in the food-vending vehicle.
6.
Term; Renewal. Unless previously revoked or suspended, all licenses
issued under this Part shall expire 30 days following their issuance.
7.
License Fee. Each application for a license under this Part shall
be accompanied by a fee as established from time to time by resolution
of Borough Council.
8.
Standards; Employees. No person infected with any contagious disease
or having any open running sores of any kind shall dispense, handle,
serve, prepare or in any way engage in or perform work related to
the service of food.
9.
Hours. The hours shall be 6:00 a.m. until 5:00 p.m. in Special Planning
Districts, unless otherwise permitted by resolution of Borough Council.
[Ord. 4-2013, 7/17/2013]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation continues shall constitute a separate
offense.
[Ord. 14-2005, -/-/2005]
The purpose and intent of this Part 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 Borough of Conshohocken, 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 in the public sidewalks.
[Ord. 14-2005, -/-/2005]
No person shall engage in or allow sidewalk dining on any public
sidewalk without having first obtained a sidewalk dining license.
[Ord. 14-2005, -/-/2005]
An application, sworn to by the applicant, for a sidewalk dining
license shall be filed annually with the Borough Zoning Officer on
forms supplied by the Borough Zoning Officer. The forms shall require
the following information and such additional information as deemed
necessary.
A.
The name of the applicant and the address.
B.
The name and address of the eating establishment where sidewalk dining
is to be maintained.
C.
A description of the dimensions of the area and the number of tables
to be used for sidewalk dining.
D.
Consent of the owner of the premises, if other than the applicant.
E.
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 Borough of Conshohocken as an
additional insured with respect to such activities.
F.
A check payable to the Borough of Conshohocken in the amount of the
license fee required by the Borough.
[Ord. 14-2005, -/-/2005]
1.
The Borough Zoning Officer shall review the application investigation
report on each applicant. The Borough Zoning Officer shall approve
or deny the application, taking into consideration the factors set
forth in.
2.
Any applicant who is denied a license may request in writing a hearing
on the denial decision before the Borough Council.
[Ord. 14-2005, -/-/2005; as amended by Ord. 9-2008, 12/17/2008]
The annual license fee for each and every premises on which
sidewalk dining is conducted shall be set from time to time by resolution
of the Borough Council.[1]
[1]
Editor’s Note: The current Fee Resolution is on file
in the Borough offices.
[Ord. 14-2005, -/-/2005]
1.
A sidewalk dining license shall be valid all year, and a new license
must be obtained for each year.
[Amended by Ord. 3-2013, 7/17/2013]
2.
A sidewalk dining license may not be transferred.
3.
The license shall be displayed in a conspicuous place on the premises
prior to the use of the premises for sidewalk dining.
[Ord. 14-2005, -/-/2005; as amended by Ord. 9-2008, 12/17/2008]
The conduct of sidewalk dining pursuant to a license issued
under this Part shall be subject to all of the following restrictions
and requirements.
A.
Public sidewalk dining may be conducted by any licensed business
within the Borough of Conshohocken.
B.
The sidewalk dining area must not inhibit pedestrian traffic on public
sidewalks. An area having a minimum width of five feet must remain
open and unobstructed for pedestrian traffic. All means of egress
from a building must remain open and unobstructed at all times.
[Amended by Ord. 3-2013, 7/17/2013]
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.
Only tables, chairs, umbrellas, stations for condiments and silverware,
and containers for the disposal of recyclable cans/bottles and garbage
shall be permitted within any sidewalk dining area.
[Amended by Ord. 3-2013, 7/17/2013]
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. (Strongly enforced.)
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, tales and opened umbrellas, shall encroach upon
the sidewalk area in a manner to block, impede or cover adjacent store
fronts, doors or windows in front of other business establishments.
O.
Alcoholic beverages may be served at licensed sidewalk dining establishments
in accordance with the following conditions:
[Amended by Ord. 2-2011, 4/20/2011; Ord. 3-2013, 7/17/2013]
(1)
Alcoholic
beverages shall be served between the hours of 12:00 noon to 10:00
p.m., Monday through Friday; and 10:30 a.m. to 10:00 p.m., Saturday
and Sunday only.
(2)
Alcoholic
beverages shall be served only by waiter or waitress service.
(3)
(Reserved)
(4)
Any
violation of the conditions set forth in this Section shall result
in a loss of the privilege of serving alcoholic beverages at the licensed
establishment.
P.
Everything must be removed and sidewalks must be washed daily by
10:30 p.m.
Q.
The Borough 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 Borough Council,
with reasonable advance notice to be given to affected licensees.
[Ord. 14-2005, -/-/2005]
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 Part. If a business violates one of the aforementioned
provisions during one calendar year, the business shall have their
license revoked.
[Ord. 14-2005, -/-/2005]
The Borough Zoning Officer shall be responsible for licensing
and the collection of fees. This chapter shall otherwise be enforced
by the Zoning Officer, Code Enforcement Officers, or the Conshohocken
Police Department.
[Ord. 14-2005, -/-/2005; as amended by Ord. 9-2008, 12/17/2008]
Any violations of the provisions of this Part shall be punishable
by a fine not to exceed $1,000. Each day the violation shall continue
after a notice and a reasonable opportunity to correct or remedy the
violation shall constitute a separate violation.
