[Adopted 10-17-2012 by Ord. No. 1274]
The Zoning Officer shall be responsible for receiving and approving
applications for permits under this article and for administering
the requirements of this article.
A.
The operation of a cafe pursuant to a permit granted under this article
shall comply with all provisions of state and local building codes
and health laws and regulations regarding the service and preparation
of food and any applicable laws relating to the sale and/or service
of alcohol.
B.
No person operating a cafe under a permit granted under this article
shall allow any cafe furnishings or equipment to be or remain within
any fire lane or to protrude into the airspace above any fire lane.
Within the designated area of a cafe, the operator holding a permit under this article shall have the right to limit access and occupancy to only bona fide paying customers of that operator's restaurant or farmers market who are behaving in a lawful manner and shall have the same right to deny admission or service as the operator exercises on his own premises. However, no person shall be denied access or service to the cafe area on the basis of race, religion, national origin, sex, sexual orientation, age or disability or any other status protected by the Chapter 38 (Human Relations Commission) of the Code of the Borough of Lansdowne.
A.
No person shall operate an outdoor cafe on a Borough sidewalk or
any other outdoor space without a permit issued pursuant to this article.
C.
For the purposes of this article, a "permit term" shall refer to
the period from March 1 of each calendar year through the last day
of February of each calendar year.
D.
The Borough Council will, from time to time, approve by resolution
a schedule of the fees and charges associated with obtaining a sidewalk
cafe dining permit. No sidewalk cafe space shall be occupied or opened
until all applicable fees and charges have been paid.
A.
The operator of any licensed restaurant or any permitted farmers
market in the Borough located within the Downtown District may apply
to the Zoning Officer for a permit to operate an outdoor cafe on the
Borough sidewalk or other outdoor area contiguous to such restaurant
or farmers market.
B.
A prospective operator of a restaurant shall provide, as part of
its application, an executed lease for, evidence of ownership of,
or a valid option agreement to lease or purchase the restaurant space.
Failure to submit an executed lease or purchase agreement for the
restaurant space shall result in denial of the application. An operator
of a farmers market shall provide, as part of its application, an
executed license agreement or other agreement demonstrating that the
operator has the lawful right to operate the farmers market at its
proposed location.
C.
Any operator holding a valid permit for a particular outdoor cafe
space shall reapply for permission to use the same space for a succeeding
permit term. Such operator shall pay the required application fees
and shall complete all paperwork required by the Zoning Officer at
least 30 days prior to the commencement of the succeeding permit term.
A.
The Zoning Officer shall grant a permit applied for under this article
for a period of not more than one permit term, provided that the Zoning
Officer finds that:
(1)
The restaurant or farmers market which is the subject of the application is being or will be operated as a lawful use in the zoning district in which it is located. If the proposed cafe will be located in an area subject to design control by the Board of Architectural Review, once the Zoning Officer has completed an initial review of the application, then the design and appearance of the cafe structures and furnishings shall be reviewed by the Board pursuant to the standards and procedures set forth in Chapter 203 of this Code.
(2)
The proposed cafe will not present a hazard to the public health,
safety or welfare.
(3)
All required rents, fees and charges have been paid.
B.
The Zoning Officer will designate on any approved permit the dimensions
of the sidewalk or other outdoor area on which the permit holder will
be permitted to conduct outdoor cafe dining activities. No outdoor
cafe dining activities or other restaurant activity may be conducted
outside of the delineated area set forth in a permit.
A.
A holder of a sidewalk or outdoor cafe dining permit shall use the
delineated area set forth in the permit for table service only. Takeout
shall not be permitted within the delineated area.
B.
A permit holder may only use sidewalks or other outdoor areas contiguous
to and within the property lines between the building line and street
line, and the use for cafe dining shall leave a minimum of 36 inches
of usable, safe, clear walk area of the sidewalk that provides for
Americans with Disabilities Act (ADA) compliant access. In the event
that 36 inches is not adequate for ADA compliance, more than the 36
inches of usable sidewalk may be required in order to be ADA compliant;
this will be determined by the Code Enforcement Officer.
C.
The sidewalk or other outdoor area shall not be used for cafe dining
except during the hours of 7:00 a.m. until 11:00 p.m. daily.
D.
All equipment, tables, chairs, umbrellas and barricades will be removed
from the sidewalk or other outdoor area by a time in the fall each
year designated by Borough Council by resolution. Such removal shall
be at the expense of the cafe operator.
E.
Permits for sidewalk or outdoor cafe dining may contain additional
reasonable conditions and requirements as the Zoning Officer may deem
necessary. The purpose of any such conditions shall be to ensure that
the operation or use of the proposed sidewalk or outdoor cafe dining
area will not present a hazard to the public health, safety or welfare.
F.
The holder of a sidewalk or outdoor cafe dining permit shall promptly
remove all food dishes and utensils after each customer has left and
shall thoroughly clean the entire sidewalk or other outdoor area after
the close of each business day. The Zoning Officer shall have the
authority to require any permit holder, as an additional condition
of a permit, to use only nondisposable dishes, utensils and napkins
within the cafe area, upon a determination that the use of paper or
plastic tableware or napkins is or has been contributing to litter
problems in the area subject to the permit. Upon making such a determination,
the Zoning Officer shall issue 30 days' advance written notice
of the new requirement to each operator whose permit will be affected.
G.
A sidewalk or outdoor cafe dining permit holder shall operate its
cafe dining area only within the area specifically assigned to an
operator by a permit issued by the Zoning Officer. The operator shall
clearly delineate its area of operation through use of any one or
more of the following markers: trees, fences, cordons, planters and
barriers. Where required by the Uniform Construction Code, such markers
shall have a detectable bottom. A sidewalk or other outdoor cafe shall
be in operation only during hours that the restaurant or farmers market
with which it is associated is open.
H.
Musical entertainment shall be allowed within any sidewalk cafe dining
permit area; however, such activity shall be limited to unamplified
vocal or instrumental performances, and the Zoning Officer may limit
the hours during which such entertainment may be conducted.
I.
No tents or similar structures shall be erected or utilized over
or within any sidewalk cafe dining area under a permit granted pursuant
to this article.
J.
Space heaters (other than any heaters requiring use of Borough electricity
or electrical outlets) may be utilized by a cafe operator so long
as the use and operation of any such heater is in compliance with
all applicable building and fire codes and does not present a threat
to the health, safety or welfare of the public.
K.
No sidewalk cafe dining permit shall be shared by any restaurant
with another restaurant without the prior written approval of the
Zoning Officer.
L.
All tables, chairs and equipment located within a sidewalk or outdoor
cafe dining area shall be maintained in good, clean condition by the
operator.
M.
During Borough-permitted events, including by way of example, but
not limited to, the Independence Day Parade, the Borough will determine
on an event-by-event basis, due to the concerns for Borough citizens'
health, safety and welfare, if sidewalk or outdoor cafe dining may
occur. Reasonable notice to permit holders under this article will
be provided by the Borough.
As a condition of a permit granted under this article, a permit
holder shall indemnify the Borough (including, without limitation,
its officers, officials and employees) and hold the Borough harmless
from and against all claims for damages or injuries of any kind whatsoever
arising out of the operator's occupancy of the public right-of-way
or other public area or the operation of the sidewalk or outdoor cafe.
The operator shall obtain and keep in force throughout the duration
of the permit public liability insurance with coverage in the amount
of at least $1,000,000 combined single limit. The Borough shall be
named an additional insured party with respect to such insurance.
Prior to issuance of a permit under this article, and on the commencement
date of each permit term thereafter, the permit holder shall be required
to provide a copy of an additional insured endorsement and declaration
page of an insurance policy satisfactory to the Zoning Officer demonstrating
that this insurance requirement has been met.
A.
The Zoning Officer may revoke any permit granted under this article,
upon finding:
(1)
A violation of any of the provisions set forth within this article;
(3)
That the continued operation of the cafe poses a threat to the health,
safety or welfare of the public or constitutes a public nuisance;
(4)
That the sidewalk or outdoor cafe dining area has not been substantially
utilized for a period of 30 or more consecutive days between March
1 and Labor Day of any year.
(5)
Violation of any federal or state law, or of any Borough ordinance,
applicable to the permit holder, the cafe or the operation thereof.
B.
A person who has been denied a permit by the Zoning Officer, or whose
permit has been revoked, may appeal the denial or revocation to the
Codes Appeals Board. Such appeal shall be made in writing, within
five business days following the decision appealed from, and shall
set forth the basis on which the person contests the decision. The
Code Appeals Board shall consider the appeal and shall render a written
decision within 45 days after receipt of the appeal. The decision
of the Code Appeals Board may be appealed by the aggrieved person
to the Court of Common Pleas of Delaware County, by submitting a written
notice of appeal within 30 days of the Code Appeals Board decision.
C.
Any person, firm or corporation who or which violates any of the
provisions of this article shall, upon conviction thereof before a
Magisterial District Judge, be fined not more than $600, plus costs
of prosecution, and in default of payment of such fine and costs be
imprisoned for not more than 30 days. Each day that a violation continues
shall be deemed a separate offense.
