As used in this article, the following terms shall have the
meanings indicated:
PUBLIC SERVICE FACILITY
A public telephone, mailbox, bench or other facility provided
for the use of the general public.
SIDEWALK
Any paved 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 providing spaces to sit, with or without
tables, or to stand, located on a sidewalk.
The City Zoning Officer is hereby authorized to grant revocable
permits for the use of the sidewalk for sales, specials, etc., upon
the following terms and conditions:
A. The permit and regulated activity shall be valid only during a single
calendar year.
B. The permitted activity shall be conducted only as an accessory to
a business establishment lawfully operating on the first floor of
the premises on the sidewalk in front of the principal place of business
of such establishment and by the entity which operates such establishment.
No cash register or other facility for the exchange of currency or
otherwise receiving payment for goods and services shall be permitted
on the sidewalk.
C. The applicant shall have the consent of the owner and lessee, if
any, of the premises in front of which the licensed activity is to
be conducted.
D. There shall be no less than eight feet from the curbline to the front
of the nearest structure.
E. No sidewalk display shall be nearer than three feet zero inches to
the curb, except that, if the sidewalk is nine feet zero inches or
more in width, then the distance from the curb shall be not less than
1/3 of the width of the sidewalk with a maximum of two rows.
F. The applicant shall at all times maintain free and clear from all
obstruction an aisle not less than three feet in width providing access
to any establishment fronting on said sidewalk.
G. 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.
H. The sidewalk use shall not interfere with access to any public service
facility.
I. No outdoor lighting or live or mechanical music shall be permitted.
J. No sidewalk display shall be permitted after the entity with which
it is associated is not open to the public.
K. The applicant shall agree, on a form approved by the City Zoning
Officer, to indemnify and save harmless the City of Pittston, its
officers, agents, attorneys and employees from and against any claim
of loss, liability or damage by any person arising as a result of
the applicant's operation of the sidewalk use.
L. The applicant shall obtain and maintain in full force and effect
throughout the term of the license a policy of general liability insurance,
which such policy shall name the City of Pittston, its officers, agents,
attorneys and employees as additional insured, have a combined single
limit of not less the $1,000,000 and contain a provision prohibiting
its cancellation except upon 20 days' notice to the City of Pittston.
The applicant shall file with the City of Pittston, prior to the issuance
of the license, a certificate evidencing the requisite insurance.
M. The applicant shall file with the City of Pittston, prior to the
issuance of the license, a cash deposit in an amount to be set forth
by resolution of the City of Pittston, which may be amended from time
to time, as security for the faithful performance by the applicant
of the terms and conditions of the license. Said deposit shall be
maintained by the City of Pittston in a separate, interest-bearing
account for the benefit of the applicant and shall be returned to
the applicant with interest, but less any administrative sanctions
imposed by the City of Pittston, within 30 days of the termination
of the license. Said cash deposits shall be maintained and, if utilized
by the City pursuant to this article, shall be replenished to the
original amount within 30 days of withdrawal.
N. Any other conditions shall be reasonable and necessary to protect
the health, welfare and safety of the public, including the denial
of the application.
O. No signage shall be allowed except for professionally manufactured
signage in the form of a sandwich board, blackboard or A-frame wooded
signs that are not permanent in nature and shall be removed from the
sidewalk at the close of business. Plastic A-frames are prohibited.
Only one such sign will be allowed per display. Taping or hanging
handmade signage on displays or to the building is prohibited.
P. All photographs of displays shall be first submitted to the Design
Review Committee for approval. No seating shall be permitted next
to displays. Display racks must be professional and manufactured for
this use. Folding card tables are disallowed. Display of furniture
is permitted if the retailer is in the business of selling furniture.
Q. Ticket/chance or other charitable sales in front of a place of business
is prohibited.
[Amended 6-19-2019 by Ord. No. 4-2019]
A. Purpose. The purpose of this section is to provide for permitting
of outdoor seating areas on sidewalks for businesses. Limited business
use of sidewalks for outdoor seating can provide a vibrant environment
and enhance the character of the City while still preserving pedestrian
and other public uses.
B. Definitions. As used in this section, the following terms shall have
the meanings indicated:
OPERATOR
Any person who owns, operates, or manages a business that
uses or applies to use an outdoor seating area.
OUTDOOR SEATING AREA
A permitted seating area on a public sidewalk that is used
for seating purposes by a permit holder.
PERMIT HOLDER
Any person who holds a current permit for an outdoor seating
area.
PERMITTED BUSINESS
The business that regularly and customarily sells food or
drink and is allowed to use an outdoor seating area as authorized
under this section.
C. Sidewalk use limited; outdoor seating area permit.
(1) No business may use a public sidewalk to seat its patrons without
first obtaining a permit for an outdoor seating area issued by the
City Codes Enforcement Officer. No person shall place tables, chairs,
or other seating on a public sidewalk in conjunction with a business
without first obtaining a permit for an outdoor seating area that
is issued by the City Codes Enforcement Officer.
(2) A business that operates as a restaurant or retail food store may
obtain a permit from the City Codes Enforcement Officer to operate
an outdoor seating area on the terms and conditions set out in this
section. The permit shall specify the specific area to be used for
outdoor seating, the furniture to be used within the outdoor seating
area, and the proposed arrangement of the furniture.
(3) No business shall dispense alcoholic beverages unless they have been
issued a Restaurant and/or Liquor License by the Pennsylvania Liquor
Control Board and have received Pennsylvania Liquor Control Board
approval for sales outside their premises.
(4) An outdoor seating area permit authorizes a limited use of the public
sidewalk so long as that private use does not interfere with the public
interest or public use of the sidewalk.
(5) The City Codes Enforcement Officer may temporarily suspend a permit
holder's use of an outdoor seating area for any reason and for
any length of time. During periods of temporary suspension, the permit
holder must remove its furnishings from the outdoor seating area and
shall not use the area. Outdoor seating areas may be prohibited during
special events or for any other reason deemed appropriate by the City
Codes Enforcement Officer. The City Codes Enforcement Officer will
endeavor to give permit holders reasonable advance notice before issuing
a temporary suspension, including a suspension related to a special
event, parade, or picket.
(6) The City Codes Enforcement Officer will endeavor to give permitted
businesses a minimum of 24 hours' advanced notice, using information
as provided on the permit application or renewal, of any pressure
washing of the sidewalk to allow for the relocation of outdoor furniture.
D. Sidewalk areas eligible for outdoor seating. An outdoor seating area
shall meet all of the following requirements:
(1) The building in which the permitted business operates must share
a common boundary line with a public sidewalk.
(2) The outdoor seating area shall not extend beyond the boundaries fronting
the permitted business unless written permission is provided by the
adjacent business owner at the time of application.
(3) The operation of the outdoor seating area must be related to the
sale of food or drink from the permitted business.
(4) The outdoor seating area shall allow a minimum four-foot-wide unobstructed
pedestrian corridor at all times. Furniture in an outdoor seating
area may be located next to the curb (with three feet of clearance)
and/or adjacent to the building, so long as clearances are maintained.
(a)
Where existing obstructions are present (such as fire hydrants),
the corridor can be measured to go around these obstructions. For
tree grates, the corridor is measured from the outer edge of the grate,
unless an ADA- compliant grate is installed, in which case the distance
may be measured directly from the tree trunk.
(5) Where curbside abuts on-street parking, curbside tables shall be
placed parallel to the street. A minimum three-foot setback should
be maintained from the curb edge.
(6) A minimum clearance of five feet must be maintained between the outdoor
seating area and edge of driveways, alleys, and handicapped ramps.
(7) Outdoor seating area at corners must not extend to within sight triangles
at street intersections or driveway entrances.
(8) Clear unobstructed height of seven feet must be maintained between
the sidewalk surface and overhead objects including umbrellas.
(9) The outdoor seating area must not block access to public amenities
like street furniture, trash receptacles, and way finding, or directional
signs.
(10)
Furniture must be made of durable material. No plastic and no
unfinished or pressure treated wood furniture is permitted.
(11)
Planters or pots may be used to define the outdoor dining space,
but are not required.
(12)
Umbrellas are not allowed on tables located within 10 feet of
block corners. In other locations, there can be no more than two umbrellas
per table. Umbrellas must be secured at all times.
(13)
Lighting must not cause glare to pedestrians or vehicular traffic.
(14)
Lighting must not be affixed to City trees, poles and street
lights.
E. Application; permit requirements.
(1) A person owning, operating, or managing a business that regularly
and customarily serves food or drinks may apply for an outdoor seating
area permit on a form approved by the City Codes Enforcement Officer.
(2) An applicant shall also provide:
(a)
An application fee as provided in the City fee schedule, which
may be changed from time to time by resolution, to cover the cost
of processing and investigating the application and issuing the permit.
(b)
Evidence of a valid insurance policy, through an insurance carrier
authorized or eligible to do business in the Commonwealth of Pennsylvania
for any damage to the public right of way, and for any damages for
which the City might incur liability because of property damage or
personal injury arising out of the use of the public right of way
for seating purposes. The minimum liability limit of the policy shall
be $1,000,000. The City of Pittston shall be listed as an "additional
insured as its interests may appear" on all certificates of insurance.
(c)
An indemnity agreement, approved by the City Solicitor, whereby
the permit holder and the permitted business agree to indemnify and
hold harmless the City and its officers, agents and employees from
any claim arising or resulting from the operation of the outdoor seating
area.
(3) No permit shall be issued until the applicant has submitted a completed
application and all items required by this section.
F. Permit renewals.
(1) An annual permit issued under this section shall be valid from May
1 to October 31. Permits must be renewed annually by the applicant;
applications must be submitted on or before April 30.
(2) The permit renewal process shall consist of resubmission of the following:
(b)
Certificate of insurance;
G. Denial of application; reconsideration.
(1) The City Codes Enforcement Officer shall notify the applicant in
writing if it is determined that the proposed outdoor seating area
does not meet the criteria established by this section. The notice
shall identify which criteria were not met.
H. Operation of outdoor seating areas.
(1) An outdoor seating area may be used only by the permitted business
identified in the permit and only for the seating of patrons in the
furniture provided by the permit holder.
(2) A permit holder may place one host station, removable tables, chairs,
or other items used in conjunction with seating within an outdoor
seating area in the arrangement shown on the permit. No tents shall
be permitted. Furniture in an outdoor seating area shall be kept clean
and in good repair.
(3) Outdoor seating areas shall be open to the air, except that seating
may be located under approved umbrellas, awnings, or canopies.
(4) A permit holder must provide stanchions or other portable, visible,
above-ground barrier between the approved outdoor seating area and
the remainder of the public sidewalk whenever the outdoor seating
area is in use.
(5) Nothing shall be permanently affixed to a sidewalk or to other public
property.
(6) The permit holder and the permitted business shall not operate outside
the area specified in the permit.
(7) Permit holders and operators shall keep all licenses and permits
required for their business operations continuously in effect.
(8) Permit holders and operators shall ensure that the permitted business
obeys all laws related to alcohol service and consumption. Permit
holders shall post visible signs at all exit points from the outdoor
seating area to the public sidewalk reminding patrons that they cannot
possess open containers of alcohol outside the public seating area.
To retain an outdoor seating area permit, permit holders and operators
shall ensure that no alcohol is served or consumed outside the permitted
outdoor seating area.
(9) An outdoor seating area may be used by the permit holder only when
the permitted business is open to customers.
(10)
No outdoor seating area shall operate after 2:00 a.m. on Saturday
or Sunday. No outdoor seating area shall operate after 12:00 midnight
on any other day of the week. Permit holders shall ensure that their
outdoor seating areas are not available for use after the hours specified
in this subsection.
(11)
The maximum occupancy permitted in the outdoor seating area
shall be posted on the exterior of the building in a conspicuous place.
The permit holder shall ensure that the number of occupants in the
outdoor seating area does not exceed the posted limit at any time.
A server or other person employed by the permit holder who briefly
enters and exits an outdoor seating area shall not be considered an
occupant for the purposes of this subsection.
(12)
The permit holder shall keep the outdoor seating area and the
adjacent seven feet of public space surrounding it clean of any solid
waste, including food debris, paper, cups, bottles, cans, and other
garbage associated with the operation of the outdoor seating area
space on a daily basis. The public right-of-way within and adjacent
to the outdoor seating area must be washed down with water and detergent
when needed and cleaned on a daily basis. Any stains from spills must
be removed. The permit holder must properly dispose of all waste and
trash.
(13)
The permit holder is responsible for the maintenance, upkeep,
and security of furniture and accessories used in the outdoor seating
area.
I. Assignment prohibited; effect of ceasing business operations.
(1) An outdoor seating area permit is not transferrable or assignable.
The permit authorizes use of the outdoor seating area by the permit
holder for the permitted business. Any change in the ownership of
a business after the issuance of an outdoor seating area permit shall
cause the permit to be immediately invalid and require the new owner
to reapply for the permit. A change in ownership shall mean acquisition
of more than 10% of the stock in a publicly traded corporation, any
change in the ownership of shares in a privately held corporation,
sale of all or part of a sole proprietorship, or any change in the
membership of any form of limited liability organization.
(2) Outdoor seating area permit holders shall notify the City Codes Enforcement
Officer when business operations cease. If business operations cease
at the business for 30 calendar days or longer, the outdoor seating
area permit shall automatically terminate.
J. Violations and penalties.
(1) Any person who operates an outdoor seating area without obtaining
the permit provided in this section, or fails to comply with this
section, shall be subject to a fee of $1,000.
(2) If a person violates any provision contained in this section twice
or more in any of the permit time period, any outdoor seating area
permit issued to or on behalf of that person shall be suspended for
the remainder of the permitted time period.
K. Appeals.
(1) A party aggrieved may appeal any decision under this section to the
Building and Property Maintenance Code Appeals Board within 15 calendar
days after the contested decision. An appeal must be made in writing
and shall contain the reasons supporting the appeal and any evidence
that supports it. The person appealing may review the evidence that
is the basis of any suspension or violation during the City's
normal business hours. The Building and Property Maintenance Code
Appeals Board shall review the information provided and shall issue
a written decision determining whether a violation has occurred.
Anything in this article to the contrary notwithstanding, the
City may permit the selling and display for sale of merchandise on,
over or upon the sidewalk at any location within the City for a period
not to exceed seven days in conjunction with organized sidewalk sales
days open to participation by all retail merchants within the City.
The City of Pittston shall grant or deny any application for
a license pursuant to this article within seven days of its complete
submission.
Neither the adoption of this article nor the granting of any
license pursuant hereto shall be construed as a waiver of any right,
privilege or immunity of the City of Pittston with respect to streets
and sidewalks, whether express or implied.
Fees pursuant to this article shall be set forth by resolution
of the City of Pittston, which may be amended from time to time.
The permit granted hereunder shall not be transferable.
Any person who violates or permits a violation of this article,
upon being convicted before a Magisterial District Judge, shall pay
a fine not exceeding $1,000, plus any costs incurred by the City of
Pittston, and, in default of payment of the fines and costs, shall
be subject to imprisonment for a period not exceeding 30 days. Each
day of the violation shall be considered separate violations and offenses.