[Ord. 1429-15, 5/11/2015]
1.
The purpose of this Part 11 is to permit and encourage outdoor dining
areas in Lincoln Square and other areas of public access within the
Borough where such outdoor dining is legally allowed and approved
in order to provide vibrant enhancements to pedestrian-oriented business
within the Borough.
2.
This general statement of the purpose of this Part shall include,
but is not limited to, the following specific purposes:
A.
To encourage the establishment of outdoor dining areas as part of
a pleasant and distinctive dining experience.
B.
To ensure that adequate space will be provided for safe pedestrian
travel and circulation through areas where outdoor dining areas are
operated and to ensure adequate and safe access to adjoining properties
and businesses.
C.
To ensure the comfort, safety, and welfare of persons with disabilities,
including, but not limited to, those persons with disabilities related
to mobility or vision.
D.
To attract businesses and enhance revenue opportunities for businesses
within the Borough.
[Ord. 1429-15, 5/11/2015]
As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
The Borough of Gettysburg, Adams County, Pennsylvania.
The Council of the Borough of Gettysburg, Adams County, Pennsylvania.
The line, drawn parallel to a front, side or rear property
line, that depicts the closest distance of an existing building to
said front, side or rear property line.
The utilization of unenclosed sidewalk space beyond the building
line to accommodate and for the purpose of the serving of food and
drink to patrons of an operating restaurant or food service business
fronting on that space. This definition of "outdoor dining area" shall
also include such areas used by restaurants, food service businesses
and other food establishments for the outdoor sale of food to the
general public. This definition of "outdoor dining area" is not intended
to include any outdoor dining areas located entirely on the private
property of the business which do not cause an encroachment or improper
impediment of the public's proper use of the sidewalks, streets, alleys
or other public rights-of-way within the Borough of Gettysburg.
Includes, but is not limited to, an individual, partnership,
firm, corporation, limited liability company, joint venture, any other
legal entity whatsoever or an unincorporated association.
The boundary of a designated parcel, tract or area of land.
An improved surface consisting of concrete, brick, macadam
or other similar material which is reserved and used by the public
for pedestrian travel within the Borough.
[Ord. 1429-15, 5/11/2015]
1.
An outdoor dining area shall be used for table service only, restricted
to the use of sidewalks contiguous to a property line or building
line a minimum of six feet in width from the building line to the
street line, leaving a minimum of five feet of usable, safe, clear
passage area of the sidewalk for pedestrian use.
2.
No building entrance or egress shall be blocked at any time. No outdoor
dining area shall be permitted within five feet of the cartway of
any public street or alley.
3.
An outdoor dining area shall be adjacent to the front property line
or building line of any entrance. All tables and seating shall be
contiguous to the property line and/or building line of the building.
4.
An applicant for an outdoor dining area permit intending to serve
alcoholic beverages shall obtain the appropriate liquor license and
approvals from the Pennsylvania Liquor Control Board and shall comply
with all regulations of and promulgated by the Pennsylvania Liquor
Control Board and with the following specific requirements:
A.
Except within the outdoor dining area as authorized by the Pennsylvania
Liquor Control Board, no alcohol shall be served or consumed in or
on any street, sidewalk, alley or other public right-of-way.
B.
All alcoholic beverages shall be consumed from disposable or nondisposable
plastic beverage containers provided to the consumer by the operator
of the outdoor dining area.
C.
No alcoholic beverage shall be transported by consumers, customers
or patrons from the outdoor dining area. However, where customers
or patrons are invited and allowed by the business operating the outdoor
dining area to bring their own alcoholic beverages, the same may be
transported by the patrons in sealed or capped containers to the outdoor
dining area.
6.
No outdoor dining area shall be permanently located within the sidewalk
area by means of raised deck platforms, fences, walls or other structures
or enclosed by fixed walls, except that such outdoor dining area boundaries
may be delineated by the use of temporary barriers such as balustrades,
cordons or railings. Any such temporary barriers shall be easy to
remove and shall not be greater than three feet in height. Under no
circumstances shall temporary barriers, as authorized hereunder, be
permitted in the identified pedestrian clear passage area, nor shall
a temporary barrier be affixed to the sidewalk or to any permanent
structure, except that it may be attached by removable clips or devices
approved in advance by the Borough. Any temporary barriers shall be
compliant with regulations promulgated under the Americans with Disabilities
Act of 1990, as amended.
7.
An outdoor dining area shall contain and use only removable tables and chairs and shall be unenclosed, but may contain and use umbrellas or other nonpermanent covers, provided that such items do not interfere with or improperly impede pedestrian travel and circulation within the identified pedestrian clear passage area. No portion of an outdoor dining area or its facilities, appurtenances, planters, shrubs, tables, chairs or other materials shall be permitted in the pedestrian clear passage area as is required to be maintained pursuant to Subsection 1 hereinabove.
8.
No signs shall be hung or affixed to any portion of the outdoor dining area, except those signs that are in compliance with provisions of the Gettysburg Borough Sign Ordinance of 2010, as amended, Chapter 19, Part 1, of the Code of Ordinances of the Borough of Gettysburg, and for which a permit has been issued by the Borough.
9.
The operator of the outdoor dining area and permit holder shall remove
the outdoor dining area and all of the chairs, tables and equipment
associated with the use and operation thereof immediately following
the cessation of use of the outdoor dining area, whether due to seasonal
or other factors such that the outdoor dining area is not in use for
any significant period of time.
[Ord. 1429-15, 5/11/2015]
1.
Any restaurant or food service business or provider intending to
establish and operate an outdoor dining area is required to apply
annually for and obtain a permit from the Borough. The annual permit
shall expire at the end of the calendar year in which it is issued.
An annual fee, in an amount to be established from time to time by
resolution of the Borough Council, shall be paid with the filing of
the application. The annual fee shall not be subject to proration
or apportionment. Such application shall be made upon forms prepared
and provided by the Borough and shall include the following:
A.
The name and address of the applicant.
B.
The width of the existing sidewalk immediately adjacent to the property
intended to be used for the proposed outdoor dining area.
C.
Listing and proof of proper, current licenses for the operation of
the food service using the proposed outdoor dining area.
D.
If applicable, proof of a liquor license issued by the Pennsylvania
Liquor Control Board reflecting the approval of the proposed outdoor
dining area as the additional licensed premises for the service and
consumption of alcoholic beverages.
E.
The dimensions of the area of sidewalk in which the outdoor dining
area is proposed.
F.
A diagram, to scale, of the actual intended location of equipment,
tables and chairs for space on the sidewalk and proposed outdoor dining
area as well as the proposed customer or patron capacity of the outdoor
dining area.
G.
If applicable, the written consent of the property owner for operation
of the outdoor dining area who is leasing the business property to
the applicant.
H.
A certificate of insurance demonstrating liability insurance coverage
for the intended outdoor dining area use.
2.
No action shall be taken on any application for a permit under this
section until the application has been completed in its entirety,
properly submitted to the Borough and the application fee has been
paid in full by the applicant.
3.
As a condition precedent to operating an outdoor dining area on the
sidewalks or other public property or areas of the Borough, an applicant
shall provide proof of general liability insurance which provides
coverage on a primary and noncontributory basis to the Borough as
an additional insured. The minimum amount of such general liability
insurance coverage shall be set and may be modified from time to time
by resolution duly adopted by the Borough Council. A satisfactory
certificate of insurance confirming current liability coverage in
at least the minimum amount must be filed with the Borough before
any outdoor dining permit will be issued by the Borough.
4.
Any applicant operating an outdoor dining area shall indemnify and
hold harmless the Borough, its elected or appointed officials, its
officers, employees and agents from and against any and all liability
arising out of such person's operation of an outdoor dining area on
the sidewalks or other public property or areas of the Borough.
5.
The applicant shall maintain and operate an outdoor dining area in
accordance with all Borough ordinances and in compliance with all
state and federal laws, as well as the rules and regulations promulgated
and adopted by the Borough which pertain to this use and operation
of an outdoor dining area within the Borough.
6.
The applicant shall remove the outdoor dining area and all of the
chairs, tables and equipment associated with the use and operation
thereof immediately after written notice if the Borough determines
that the outdoor dining area is detrimental to the health, safety
and general welfare of the Borough, its citizens, or the general public:
A.
Due to pedestrian traffic changes, the outdoor dining area narrows
the sidewalk to the extent that pedestrian traffic is unsafely and
improperly impeded contrary to the regulations set forth herein;
B.
The outdoor dining area interferes with the safe maintenance or installation
of an underground utility structure;
C.
The outdoor dining area is no longer being currently used as such;
D.
The outdoor dining area has been temporarily or permanently closed
for violation of any Borough, state or federal law and/or regulation;
or
E.
The outdoor dining area is operated in violation of any ordinance,
rule or regulation of the Borough.
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In the event that the applicant fails to remove the outdoor
dining area immediately after written notice, the Borough may proceed
to remove and restore the area and charge the applicant for the cost
thereof. Should the outdoor dining area be removed by the Borough,
the applicant shall be entitled to a return of the equipment, furnishings
or appurtenances so removed after the payment of all costs due to
the Borough and following the submission to the Borough of a written
request for return of such property of the applicant. The responsibility
for removal under the provisions of this subsection shall be the sole
responsibility of the applicant without any obligation or cost assessable
against the Borough.
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7.
Time Limit for Approval; Notice of Disapproval. The Borough shall
act upon the receipt of a properly completed permit application and
shall notify the applicant within 15 days after the filing thereof.
If the Borough disapproves the application, it shall, within 15 days
after the date upon which the application was filed, by telephone
call to the applicant at the number listed by the applicant on the
application and shall further mail to the applicant, by certified
mail, a written notice of its action stating with specificity the
reason or reasons for the denial of the permit.
[Ord. 1429-15, 5/11/2015]
Any person convicted of violating this Part shall, upon conviction
thereof, be sentenced to a fine of not more than $600 plus any costs
incurred by the Borough. Whenever such person shall have been notified
by the Borough, through its officials or by service of summons or
prosecution, or in any other way, that such violation has been committed,
each day that such person shall continue in such violation shall constitute
a separate offense.
