[Adopted 2-15-2012 by Ord. No. 2012-1]
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:
(a) 
Application form;
(b) 
Certificate of insurance;
(c) 
Indemnity agreement;
(d) 
Permit fee.
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.
A. 
Application for a license pursuant to this article shall be made within 14 days prior to the intended date(s) of display on a form designated by the City of Pittston and approved by the City Zoning Officer. Such form shall contain at least the following information:
(1) 
The name and address of the applicant.
(2) 
The proposed site for the activity.
(3) 
In the case of an application for a sidewalk cafe, a site plan showing the proposed layout.
(4) 
In the case of an application for a sidewalk display, a description of the floral or shrubbery orientation to be approved to assure proper pedestrian access.
B. 
The application shall be accompanied by an application fee as set forth by resolution of the City of Pittston, which may be amended from time to time.
The City of Pittston shall grant or deny any application for a license pursuant to this article within seven days of its complete submission.
A. 
Upon a finding by the City of Pittston that the applicant has violated any provision of this article or the terms and conditions of the license 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 City of Pittston 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 City of Pittston may suspend the license for a period not in excess of 30 days, during which time the applicant shall be entitled to a hearing before the City Council of the City of Pittston, at which the applicant may be represented by counsel, to present evidence in his or her behalf and confront the evidence against him or her. If, upon considering the evidence presented at the hearing, the City of Pittston adheres to the finding, the City of Pittston may reinstate the license with additional conditions related to the violation or improper practice which has been found or revoke the license and forfeit the applicant's cash deposit.
B. 
In addition to or in substitution for the suspension or revocation of the license, the City of Pittston may impose an administrative sanction in an amount determined by it to be the cost to the City of the applicant's failure to comply with the terms of this section or the permit issued to the applicant pursuant hereto, which such sanction shall be deducted by the City of Pittston from the applicant's cash deposit. The suspension, revocation or other action taken pursuant to this subsection shall not relieve the applicant or any other person from any liability which may be imposed pursuant to other sections of this article. The City of Pittston shall grant or deny an 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.