[Adopted 7-9-2018 by Ord.
No. 1351, approved 7-9-2018]
As used in this article, the following terms shall have the
meanings indicated:
That portion of a sidewalk area which is free of any obstruction,
fixture or appurtenance and is used for pedestrian travel.
Includes an individual, partnership, corporation, association,
trust, estate or other legally recognized entity.
An outdoor dining area operated by a restaurant located on
an immediately adjacent public sidewalk area and containing nonpermanent
outdoor furnishings such as tables and chairs, which is not located
on and does not obstruct the pedestrian walkway as established under
the provisions of this article. It shall not be enclosed by fixed
walls and shall be open to the air, except that it may have a canopy.
A.
A person in compliance with all applicable Borough Code requirements
and other applicable county, state and federal legal requirements
with regard to the operation of a restaurant and desiring to operate
restaurant sidewalk dining shall meet the requirements set forth in
this chapter and otherwise described in the Borough Code.
B.
The use of public sidewalk space adjacent to a restaurant for restaurant
sidewalk dining shall only take place following the issuance of a
valid permit pursuant to this article and the satisfaction of any
and all conditions as may be applied to said use by the Borough through
Borough Council.
C.
Restaurant sidewalk dining shall be restricted to areas immediately
adjacent to the property on which the restaurant establishment operating
the sidewalk dining area is located, and when the designated outdoor
dining area is located on a public sidewalk there shall be an unobstructed
path available for pedestrian traffic a minimum of 48 inches wide.
Under no circumstances shall a restaurant sidewalk dining area obstruct
access to or be located less than 48 inches from a bus stop, fire
hydrant, light post, mailbox, planter, street sign or similar public
structure.
D.
Prior to the issuance of a permit, the restaurant sidewalk dining
area shall be inspected by the Borough Code/Zoning Officer for compliance
with this article.
A.
Written application must be submitted to the Borough Manager making
clear a request to use a public sidewalk area for restaurant sidewalk
dining. The person submitting the application concerning property
located in the Borough must show sufficient authority to submit the
application (e.g., property owner, tenant, power of attorney).
B.
A permit issued pursuant to this article shall be issued on the basis
of a calendar year and written application for renewal must be made
in each new calendar year.
C.
The permit application fee and annual permit renewal fee shall be
set by resolution of the Borough Council. Permit fees and renewal
fees are not subject to proration.
[Amended 8-18-2020 by Ord. No. 1369, approved 8-18-2020]
Restaurant sidewalk dining areas shall only operate from 7:00
a.m. to 10:00 p.m.
A.
The following conditions must be met prior to the issuance of a permit
to operate a restaurant sidewalk dining area and continued compliance
is required during the term of any permit issued:
(1)
Serve no food or beverages to a patron in a restaurant sidewalk dining
area unless that patron is seated at a table.
(2)
Outdoor furnishings located in a restaurant sidewalk dining area
shall be limited to nonpermanent partitions, tables, chairs, umbrellas,
canopies and safely operated heat lamps.
(4)
A nonpermanent partition shall be used to separate the restaurant
sidewalk dining area from the unobstructed pedestrian sidewalk. The
height of the partition shall be 36 inches.
[Amended 8-18-2020 by Ord. No. 1369, approved 8-18-2020]
(5)
High-top and pub-style table and chair sets are prohibited.
(7)
The restaurant sidewalk dining area shall be maintained in a clean
manner and kept free of all trash and debris.
(8)
Permittees shall not use the pedestrian walkway for the service of
food or beverage or the conduct of any other business.
(9)
Execute an indemnification and hold-harmless agreement in favor of
the Borough against all claims and losses, including costs and expenses,
resulting from injury to person or property as a direct or indirect
result of the operation of the restaurant sidewalk dining area.
(10)
Provide proof of liability insurance in the amount of $100,000
per individual and $300,000 per occurrence.
(11)
Proof of licensure by the Pennsylvania Liquor Control Board
authorizing the sale and/or service of alcoholic beverages in the
restaurant sidewalk dining area shall be provided to the Borough Manager,
where applicable.
The holder of a permit to operate a restaurant sidewalk dining area shall control the noise created by the operation of the restaurant sidewalk dining area, including, but not limited to, the conduct of patrons, or any other disturbances prohibited by Chapter 185, Noise, Article I, Noise Disturbances, of the Code of the Borough of Middletown.
A.
A restaurant sidewalk dining area permitted pursuant to this article and duly licensed for sale and consumption of alcoholic beverages by the Pennsylvania Liquor Control Board shall not be subject to Chapter 98, Alcoholic Beverages, Article II, Open Containers, of the Code of the Borough of Middletown and the restrictions set forth thereunder.
B.
Alcoholic beverages served in the restaurant sidewalk dining area
shall not be transported outside of the restaurant sidewalk dining
area.
C.
No alcoholic beverage shall be consumed directly from its original
bottle, can, carton or other original packaging.
Failure to comply with the requirements of this article, conditions,
and any other provisions of the Borough Code incorporated herein,
may result in the revocation of a permit by the Borough Manager. Borough
Council may revoke a permit without cause.
Restaurant sidewalk dining area permits are not transferable.
Changes in ownership/operation require reapplication for a permit.
A.
Any person who shall violate any provision of this article shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$1,000 and not less than $50 and costs of prosecution for each offense
and, upon refusal to pay such fine and costs, to imprisonment for
not more than 30 days. Each day during which a violation occurs shall
constitute a separate offense.
B.
This article and the foregoing penalties shall not be construed to
limit or deny the right of the Borough or any person to such equitable
or other remedies as may otherwise be available with or without process
of law.
