[HISTORY: Adopted by the Borough Council of the Borough of West Reading 7-21-2009 by Ord. No. 984 (Ch. XIII, Part 8, of the 1993 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 396.
Zoning — See Ch. 455.
The sidewalk cafe regulations as established in this chapter are designed to allow sidewalk cafes on public property throughout the year, in locations where they are determined to be appropriate by the Code Enforcement Officer of the Borough of West Reading ("Code Enforcement Officer") and to promote and protect the public health, safety and general welfare. These general goals include, among others, the following specific purposes:
A. 
To provide adequate space for pedestrians on the sidewalk adjacent to sidewalk cafe areas and to ensure access to adjacent commercial and retail uses.
B. 
To promote sidewalk cafes as useful and properly planned visual amenities which better relate to the streetscape.
C. 
To establish administrative and enforcement procedures for sidewalk cafes that are effective, efficient and enforceable.
D. 
To preserve and enhance the character of neighborhoods through the Borough and to protect the adjacent residential areas.
For purposes of this chapter, the following terms shall have the following meanings:
PUBLIC SERVICE FACILITY
A public telephone, mailbox, bench or other facility provided for the use of the general public.
SIDEWALK
Any area between the curbline and a structure, whether publicly or privately owned, which is used by the public or open to use by the public.
SIDEWALK CAFE
An outdoor dining area located on a sidewalk in front of the principal place of business of a restaurant or other area adjacent to the principal place of business of such restaurant.
A. 
No person shall engage in the operation of a sidewalk cafe except upon the granting of a permit therefor by the Code Enforcement Officer pursuant to this chapter and in accordance with the terms and conditions of such permit.
B. 
The Code Enforcement Officer is hereby authorized to grant revocable permits for the use of the sidewalks for sidewalk cafes upon the following terms and conditions:
(1) 
Review and approval of the Code Enforcement Officer.
(2) 
The issuance of a permit. Permits, regardless of when issued, shall be valid of a term of 12 months from the date of issuance, and shall be renewed each year thereafter on application of the applicant specifying any change from the information originally set forth in the initial approved application. If a permit holder fails to file an application for renewal on or before December 1 of any calendar year for the immediately following year, any subsequent application filed shall be deemed to be an initial application.
(3) 
Payment of the applicable permit fee as set forth herein or as hereafter established from time to time by resolution of Borough Council.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
No sidewalk cafe may be operated except:
(1) 
As an accessory to a restaurant lawfully operating on the first floor of such premises in the zoning district;
(2) 
At a suitable location on the sidewalk in front of the principal place of business of such entity or other area adjacent to the principal place of business of such entity; and
(3) 
By the entity which operates the restaurant.
D. 
No sidewalk cafe shall operate after 12:00 midnight or when the entity with which it is associated is not open to the public.
E. 
No permanent structure may be affixed to the sidewalk or any building. The applicant shall be responsible for any damage caused to any sidewalk or public property as a result of the applicant's operations under this chapter.
F. 
The public property on which sidewalk cafes are located and the surrounding area shall at all times be kept free and clear of litter, debris and any substance that may damage the sidewalk or cause pedestrian injury.
G. 
The applicant shall dispose of all refuse in accordance with its designated and customary place of disposal and shall have the affirmative obligation to maintain the sidewalk and surrounding premises free of litter at all times.
H. 
Live or mechanical music shall be permitted at permitted sidewalk cafes during the hours of 12:00 p.m. through 10:00 p.m. provided said sidewalk cafe is open for business at all times during the playing of such live or mechanical music and provided the sound of such music does not create a nuisance.
I. 
All food and beverages to be served or consumed at sidewalk cafes shall be prepared within the existing restaurant. The restaurant shall not serve food or beverages to a patron at a sidewalk cafe area unless that patron is seated at a table.
J. 
Alcoholic beverages may be served at a sidewalk cafe only by an establishment duly licensed by the Pennsylvania Liquor Control Board (PLCB). Establishments offering patrons the opportunity to bring alcoholic beverages to the establishment to be consumed therein (BYOB establishments) shall not permit nor consent to the consumption of any alcoholic beverages in the sidewalk cafe area. All alcoholic beverages to be served at sidewalk cafes shall be prepared within the existing restaurant, and alcoholic drinks shall only be served to patrons seated at tables. The drinking of alcoholic beverages by a member of the public while a patron at a sidewalk cafe within the confines of the sidewalk cafe area shall not be construed as a violation of any code or ordinance controlling open containers in public areas. The operator of the sidewalk cafe shall procure the appropriate license from the PLCB if he intends to serve alcoholic beverages in the sidewalk cafe area and shall comply with all other laws and regulations concerning the serving of alcoholic beverages in the Commonwealth of Pennsylvania.
K. 
Operations of a sidewalk cafe shall not adversely impact on adjacent or nearby residential, religious, educational or commercial properties and shall be in accordance with all applicable codes and regulations.
L. 
Restaurants located next to each other, without intervening uses or entranceways to buildings, may have sidewalk cafes that abut each other.
M. 
At all times, a walking area between the cafe table area and the curb must be maintained. The walking area shall run parallel to the sidewalk, be straight, and be a minimum of four feet wide. Furnishings or other property must not be allowed to intrude upon the walking area. In addition, the Borough has the right at any time and from time to time to require the applicant to erect a temporary removable buffer between the public portions of the sidewalk cafe and the adjacent sidewalks to insure the safety of pedestrians.
N. 
The permit holder shall at all times maintain free and clear from all obstruction an aisle not less than four feet in width providing access to any establishment fronting on said sidewalk.
O. 
The sidewalk use shall not interfere with access to any public service facility.
P. 
Application for a permit pursuant to this section shall contain at least the following information:
(1) 
The name and address of the applicant.
(2) 
The proposed site for the activity.
(3) 
A site plan showing the following:
(a) 
A proposed layout.
(b) 
The capacity of the existing facility and the capacity of proposed outdoor dining.
(c) 
A statement of the months, days and hours of intended operation.
(d) 
The applicant's entire property and adjacent properties on the location map with streets for a distance of at least 25 feet.
(e) 
A detailed plan acceptable to the Code Enforcement Officer showing the design and location of all tables, chairs, furnishings and other property. The Code Enforcement Officer shall use his best efforts to accommodate the applicant's preference as to the location of tables, chairs, furnishings and other property but shall not be bound by such preference.
(4) 
Proof of insurance as required herein.
(5) 
Any other information that the Code Enforcement Officer may find reasonably necessary for the fair determination as to whether a permit should be issued.
Upon a finding by the Code Enforcement Officer that the applicant has violated any provision of this chapter or the terms and conditions of the permit or has engaged in any practice in conjunction with the regulated sidewalk activity which constitutes a danger to the health or safety of any patron or pedestrian, the Code Enforcement Officer shall give notice to the applicant to correct such violation or cease such practice within 24 hours. If the applicant fails to comply with such notice, the Code Enforcement Officer shall have the authority to revoke or suspend a permit upon the finding of a violation of any applicable rule, regulation, ordinance or local law or upon good cause shown.
Appeals from the denial, revocation or suspension or other condition of a permit or renewal thereof may be taken to the Borough Council by any aggrieved person within 30 days from the date of the denial, revocation or suspension, by filing a written notice with the Code Enforcement Officer on forms prescribed by the Borough Council. Each appeal shall refer to the specific, relevant provision of this chapter, explain the aggrieved person's position with respect to the determination being appealed and state the relief requested.
Neither the adoption of this chapter nor the granting of any permit pursuant hereto shall be construed as a waiver of any right, privilege or immunity of the Borough concerning its public easement over the streets and sidewalks, or of any requirements of law concerning the liability of the easement over the streets and sidewalks, or of any requirement of law concerning the liability of the Borough of West Reading with respect to streets and sidewalks, whether expressed or implied.
Before any permit is issued, the applicant must enter into an agreement with the Borough, in form satisfactory to the Borough Solicitor, containing the following provisions set forth in this section. Specifically, the applicant shall indemnify and hold harmless the Borough, its officers, employees and agents from and against any and all loss resulting from injury to, or death to persons, or damage to property, or any other claims arising out of, resulting from or in any manner caused by the presence, location, use, operation, installation, maintenance, replacement or removal of such sidewalk cafes, or by the acts or omissions of the employees or agents of the applicant in connection with such sidewalk cafe. The applicant shall also release the Borough from any and all claims relating to its sidewalk cafe, including, but not limited to, loss of business and/or value of the sidewalk cafe when it is ordered removed or when street, sidewalk or utility construction occurs.
The applicant shall, at its own expense, maintain in full force and effect an insurance policy naming the Borough as an additional insured. The policy shall afford comprehensive general liability insurance in the amount of not less than $1,000,000, including contractual liability insurance covering the applicants indemnification and hold harmless obligations under § 368-8 above, and shall provide that the Borough Manager be notified at least 30 days prior to the expiration of coverage in the event the policy is cancelled or the applicant fails to renew. Within 10 days of the approval of the sidewalk cafe permit, and each year thereafter, the applicant shall submit a certificate of insurance to the Borough Manager. In addition, the applicant shall obtain a bond in an amount and form satisfactory to the Code Enforcement Officer to indemnify the Borough for the cost of removal of any sidewalk cafe and all incidental costs.
Any person who violates or permits a violation of this chapter shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Berks County.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).