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:
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:
(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.
Police officers and all Code Compliance officials of Columbia
Borough are authorized to enforce the 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.