[Adopted 7-16-2014 by Ord. No. 2014-1857]
The purpose and intent of this article 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 Lansdale, 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.
No person shall engage in or allow sidewalk dining on any public
sidewalk without having first obtained a sidewalk dining license.
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 $1,000,000 of comprehensive
general liability extending premises coverage to all activities associated
with sidewalk dining and listing the Borough of Lansdale as an additional
insured with respect to such activities.
F.
A check payable to the Borough of Lansdale in the amount of the license
fee required by the Borough.
A.
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 therein.
B.
Any applicant who is denied a license may request, in writing, a
hearing on the denial decision before the Borough Council.
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.
A.
A sidewalk dining license shall be valid for one calendar year, beginning
January 1 of any given year to January 1 of the following year. A
new license must be obtained for each year.
B.
A sidewalk dining license may not be transferred.
C.
The license shall be displayed in a conspicuous place on the premises
prior to the use of the premises for sidewalk dining.
The conduct of sidewalk dining pursuant to a license issued
under this article 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 Lansdale.
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.
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 or recyclable cans/bottles and garbage
shall be permitted within any sidewalk dining area.
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 portable sound systems are strictly prohibited unless approved,
in writing, by the Borough. Any other music that is audible from the
sidewalk dining area shall not elicit a level of sound which, in the
Borough's discretion, is loud and/or offensive.
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 properly approved restaurants, cafes or
eating establishments. No portion of any sidewalk dining equipment,
including chairs, tables 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.
N.
Alcoholic beverages may be served at licensed sidewalk dining establishments
in accordance with the following conditions:
(1)
Alcoholic beverages shall be served between the hours of 12:00 noon
to 10:00 p.m.
(2)
Alcoholic beverages shall be served only by waiter or waitress service.
If the establishment is a BYOB (bring your own bottle), there shall
be food service at the table at which alcohol is being consumed.
(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.
O.
Everything must be removed and sidewalks must be washed daily by
11:30 p.m.
P.
The Borough retains the right to temporarily suspend a sidewalk dining
license to allow for construction activity, utility repairs, special
events or for other reasons as deemed appropriate by the Borough Council,
with reasonable advance notice to be given to affected licensees.
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 article. If the Zoning Officer determines that
a business has violated one of the aforementioned sections of this
article, the business shall have their license revoked for a length
of time deemed appropriate by the Zoning Officer based on the nature
of the violation. If a license is suspended, the business may apply
for a new license in the following calendar year.
The Borough Zoning Officer shall be responsible for licensing
and the collection of fees. This article shall otherwise be enforced
by the Zoning Officer, Code Enforcement Officers, or the Lansdale
Police Department.
Any violation of the provisions of this article shall be punishable
by a minimum fine of $100 and 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.
