[Adopted 10-10-2023 by Ord. No. 941-2023]
The purpose of this article is to establish a process to allow for the option of establishing outdoor dining within the public right-of-way through the issuance of a sidewalk cafe permit; to establish other areas on public streets, rights-of-way, and public places within Columbia Borough for use as outdoor food and beverage consumption; and to assure that sidewalk cafes are used and operated in manners consistent with this article and the rules and laws of the Borough of Columbia.
As used in this article, the following terms shall have the meanings indicated:
AREAS RESERVED FOR CONSUMPTION OF FOOD AND BEVERAGE ("PUBLIC DINING PLACES")
Areas designated to them by this article unless the context indicates a different meaning.
RESTAURANT
Those food service establishments that are defined as "restaurants" in § 220-19, Definitions, of the Borough Code of Columbia Borough.
SIDEWALK AREA
That portion of the Borough street right-of-way reserved for sidewalks, which areas are defined in the Borough Plan.
SIDEWALK CAFE
An outdoor dining area operated by a restaurant located on a sidewalk or other designated public place and containing removable tables, chairs, plants, and other related appurtenances which is not located on or does not encroach upon the pedestrian walkway. It shall be open to the air, except that it may have a canopy. It may but is not required to abut its sponsoring restaurant. To ensure compliance with this article, obtaining a sidewalk cafe permit is required.
SIDEWALK CAFE PERMIT
A permit issued hereunder for the use of a sidewalk area and/or street right-of-way for a sidewalk cafe.
STREET RIGHT-OF-WAY
The entire right-of-way of a public highway, public alley, or public road, including the designated sidewalk areas.
All persons who desire to establish a sidewalk cafe within a right-of-way shall file a permit application with the Borough's Zoning Officer. To be considered a complete application, such an application must include all of the following:
A. 
A drawing with adequate detail to depict the location of the following:
(1) 
The street right-of-way.
(2) 
The width and location of the sidewalk. A minimum four-foot-wide ADA-accessible pathway on the sidewalk must be maintained at all times.
(3) 
The location of the proposed sidewalk cafe.
(4) 
The number and positioning of chairs and tables.
(5) 
The type and location of the proposed barrier.
B. 
A completed hold harmless release form.
C. 
Proof of PA Liquor Control Board application.
D. 
Commercial general liability insurance with limits of liability.
E. 
Insurance minimum in the amount of $100,000 per individual and $300,000 per occurrence naming Columbia Borough as the additional insured.
A. 
Table service of food or beverage of any kind shall only be provided in a sidewalk cafe in accordance with the applicable regulations of the Pennsylvania Liquor Control Board and laws of the Commonwealth of Pennsylvania and the Borough of Columbia.
B. 
The sidewalk cafe area shall not increase the permitted seating capacity of the restaurant.
A. 
Within 10 business days of receiving an application, the Borough shall determine and notify the applicant, in writing, whether the application is incomplete. If the application is incomplete, the Borough shall provide written notice to the applicant specifically identifying the missing information. All deadlines contained in this section shall restart upon the submission of a complete application.
B. 
An application for a sidewalk cafe permit shall be approved or denied by the Borough within 30 days of the receipt of a completed application.
C. 
The applicant may cure the deficiencies and resubmit a revised application within 30 days.
D. 
The Borough shall review the revised application only to the extent that it addresses the deficiencies outlined in the denial previously issued by the Borough to the applicant. The Borough will approve or deny the revised application within 30 days of resubmittal by the applicant.
E. 
Any application resubmitted by an applicant that addresses or changes other sections shall afford the Borough an additional 10 days to review the resubmittal.
F. 
If the application meets all requirements of this article, the Borough's Zoning Officer shall issue a permit to authorize the issuance of a sidewalk cafe permit.
A. 
A sidewalk cafe may be permanently located within the sidewalk area using a raised deck platform, fence, walls, or other structures.
B. 
The sidewalk cafe boundaries may be delineated by the use of temporary barriers such as balustrades, cordons, railings, and removable bollard sleeves.
C. 
Sidewalk cafes shall not create any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or otherwise inconvenience public use of the right-of-way. This shall include compliance with the ADA.
D. 
Barriers should be provided with sturdy, durable materials that can be removed with no negative effects on the sidewalk.
A. 
Release form, sidewalk cafe. Applicants must indemnify and hold harmless the Borough of Columbia and its agents from and against any liability, claims, demands, expenses, fees, fines, penalties, suits, proceedings, actions, and causes of action arising from the restaurant conducting its business at said property. The obligation exists whether injury or property damage occurs on the permitted premises.
B. 
The following release form will be provided to and must be executed by all applicants.
A. 
This article shall not affect the requirements of all persons to comply with any open container laws of the Commonwealth of Pennsylvania.
B. 
The provisions of Chapter 77, Alcoholic Beverages, Article I, Open Containers, of the Borough Code of Columbia Borough shall not apply to the consumption of alcohol in sidewalk cafes operating under a sidewalk cafe permit or to the consumption of alcohol in public dining areas.
C. 
By Pennsylvania law and this article, holders of sidewalk cafe permits shall comply at all times with the requirements of the Pennsylvania Liquor Control Board related to the service of alcoholic beverages.
Police officers and all Code Compliance officials of Columbia Borough are authorized to enforce the provisions of this article.
A. 
The holder of a permit is subject to penalty as hereinafter provided should that holder violate any term of this article.
B. 
Any person utilizing a sidewalk cafe or public dining areas contrary to or in violation of this article is guilty of a violation of this article and subject to the penalties set forth herein.
C. 
Whoever violates any provision of this article shall, upon conviction thereof in a summary proceeding, be fined not less than $50 and not more than $1,000 for each offense, to be collected as other fines and costs are by law collectible or imprisoned for not more than 90 days, or both. Each day during which a violation occurs shall constitute a separate offense.
D. 
Any person holding a permit who is convicted of a violation of any of the provisions of this article shall have his/her/its permit revoked for one full year.
E. 
This article and the foregoing penalties shall not be construed to limit or deny the right of Columbia Borough or any person to such equitable or other remedies as may be otherwise available with or without process of law. The Borough is authorized to seek injunctive relief to enforce any provisions of this article.
In the event any provision, section, sentence, clause, or part of this article shall be held to be invalid, such invalidity shall not affect or impair any of the remaining provisions, sections, sentences, clauses, or parts of this article; it being the intent of Columbia Borough that the remainder of this article shall be and shall remain in full force and effect.