[Added 11-18-1987 by Ord. No. 3069[1]]
[1]
Editor’s Note: Former § 90-5, Adoption
of standards by reference, and former § 90-6, Additions,
insertions, deletions and changed to standards, as amended, were repealed
1-18-2006 by Ord. No. 3768.
[Added 3-20-1996 by Ord. No. 3416; amended 6-15-2005 by Ord. No.
3745]
A.
Take-out food establishment. An eating and drinking
place or a food store required to be licensed by the Township under
this article may apply to the Department of Health for an addendum
to that license for the consumption, but not the service, of food
and/or nonalcoholic drinks outside of an enclosed or screened structure
at the licensed premises. A license issued to a food store shall provide
that the number of indoor seats available for the consumption of food
shall be limited to 12, and that the total number of seats available
for such purpose shall be limited to 20. Such license addendum shall
be subject to the following:
(1)
Each application shall be accompanied by a floor plan
drawn to scale showing the location of tables and equipment, composition
of materials used and required setbacks. The drawing shall indicate
the curb and property lines, all existing and proposed obstructions
(traffic signs, traffic lights, street lights, bus benches, fire hydrants,
etc.), and location of proposed freestanding sign, exhibit areas,
outdoor dining area furniture, planter boxes and statuary. Applicants
for any business located at a corner property or on a property that
has a depth that runs from street to street shall provide information
for both street frontages.
(2)
The applicant shall also provide two copies of a photograph
or photographs of the area of the proposed enhancement. The photograph(s)
shall include the entire area of the enhancement as well as the adjacent
property to each side. Applicants for any business located at a corner
property or a street-to-street property shall provide photographs
for both street frontages.
(3)
Enhancements must not obstruct or interfere with the
use of alleyways, driveways or parking areas and must be arranged
to maintain free and unobstructed aisles and access to entrances and
exitways. Enhancements shall also be removable in case of an emergency.
(4)
Surfaces of tables shall be smooth, durable and sealed
to render them easily cleanable. Convenient and adequate trash receptacles
with self-closing lids shall be provided. All trash shall be accommodated
on site. Public trash receptacles shall not serve as the receptacles
required by this section. Tables and chairs shall be metal, wood,
durable plastic or other approved material and must be in good condition.
Umbrellas must be in good condition and be fire-treated. Precautions
should be taken to anchor or remove enhancements during periods of
high winds or inclement weather so as not to cause safety hazards
to pedestrian and vehicular safety.
(5)
The license addendum shall only be granted to an establishment
which has not permitted health code violations [as defined in Section
10-204A(1) and (2) of the Food Code] or permitted refuse, litter or
trash on the licensed premises to remain uncollected, which has not
been issued repetitive notices (three or more) of the same or similar
violations under this article in the prior license year and which
is not operated in such a manner as to constitute a public nuisance.
The license addendum, if granted, may be withdrawn should such conditions
occur.
B.
Table-side food service establishment. An eating and drinking place required to be licensed by the Township under this article may apply to the Department of Health for an addendum to that license for the consumption and/or the service of food and/or drinks outside of an enclosed or screened structure at the licensed premises. Such license addendum shall be subject to the requirements of Subsection A above, such regulations as the Board of Health shall promulgate and the following:
(1)
The area shall be cleaned at the end of each business
day. All food debris shall be removed prior to cleaning down the area.
An outdoor hose bib shall be provided unless the applicant can demonstrate
that they have an alternative method for cleaning the outdoor dining
area acceptable to the Department of Health.
(2)
Food preparation, the dispensing of bulk food, buffets
and salad bars are prohibited outdoors. Foods on display must be in
individual servings and prepackaged. All potentially hazardous foods
must be held at the proper temperature using mechanical refrigeration
or approved hot holding equipment.
(3)
Adequate personnel shall be specifically assigned
to the outdoor dining area and remove all leftover food items as soon
as the customer leaves.
(4)
Alcoholic beverages may be served outside by an establishment
licensed by the Commonwealth of Pennsylvania for outside service,
but only in conjunction with the service of food and only to patrons
seated at a table.
(5)
If the outdoor dining area abuts a residential zoning
district, a twenty-foot planted buffer area must be installed along
the entire property line adjacent to the abutting district and the
hours of operation of such outdoor dining area shall be limited to
the hours between 7:30 a.m. and 10:00 p.m.
C.
A licensed eating and drinking place may locate outdoor
dining within the public right-of-way upon securing a permit from
the Building and Planning Department, subject to the following regulations:
(1)
The licensed facility must be located in a commercial
zoning district, on the first floor of a building, and have frontage
along the public right-of-way for the full width of the outdoor dining
area.
(2)
The Township's rights with respect to the public right-of-way
shall remain and continue in full force and effect and shall in no
way be affected by the feasibility to place the listed enhancements
in the public right-of-way.
(3)
The right-of-way must be maintained in a safe and
sanitary condition at the sole cost, risk and responsibility of the
property owner.
(4)
Any enhancements in the public right-of-way must be
removed or relocated without expense to the Township upon two days'
written notice by the Township. Upon failure to do so, the Township
may cause such work to be done and charge the licensee and the property
owner for the cost of the work, at the sole discretion of the Township,
without further notice. Upon failure to pay the charge, the Township
may file a municipal lien against the property.
(5)
Enhancements shall not be placed in the public right-of-way
during any repair or scheduled maintenance of a public utility within
100 feet of the property lines of the participating business.
(6)
During public events, such as street fairs and parades,
enhancements shall not be placed in the public right-of-way without
written approval, either general or specific, from the Township.
(7)
Enhancements shall be placed in such a way so as not
to substantially obstruct a business or restaurant's transparency
(i.e., the views into a store or restaurant's interior and window
displays).
(8)
Enhancements (except flowerpots and flower planter
boxes) are permitted in the public right-of-way only during business
hours. Storage of these items shall be within the building during
nonbusiness hours.
(9)
Business services (including those of cashiers or
salespersons) and demonstrations shall not be provided in the public
right-of-way. Security personnel, waiters or waitresses for outdoor
dining areas are permitted in the public right-of-way.
(10)
The public right-of-way shall not be painted,
resurfaced or raised.
(11)
Dining area may include the use of all the area
in the public right-of-way adjacent to the business except that area
required for the clear path of travel or clear area adjacent to street
furniture, such as bus benches or utility boxes and that area of the
public right-of-way within two feet of the curb.
(12)
Enhancements shall be placed so as not to block
or obstruct vehicular visibility areas, including but not limited
to 25 feet from the outside curb edge of any intersecting sidewalks
at the intersection of any two streets and the ten-foot visibility
area from the outside edge of any driveway or alley used by vehicles
intersecting a street.
(13)
Enhancements shall be placed no closer than
two feet to the curb.
(14)
Enhancements shall be placed so as to not block
or obstruct and street furniture, including but not limited to bus
benches or shelters and public utility boxes and poles.
(15)
Enhancements shall be placed a minimum of five
feet from any public water facilities, including fire hydrants and
meter boxes or assemblies.
(16)
Enhancements shall be placed a minimum of two
feet from any sewer lateral cleanout in the public right-of-way.
(17)
Enhancements shall not be attached to public
utility boxes and poles or other street furniture.
(18)
The licensee and the property owner shall agree
to indemnify and hold the Township free and harmless from and pay
in full any and all claims, demands, losses, damages or expenses that
the Township may sustain or incur in any manner resulting from the
construction, maintenance, state of use, repair or presence of the
enhancements installed pursuant to an outdoor dining permit, including
any loss, damage or expenses arising out of loss of or damage to property,
and injury or death of persons, excepting any loss, damage or expense
and claims for loss, damage or expenses resulting in any manner from
the negligent act or acts of the Township, its contractors, officers,
agents or employees.
(19)
The licensee or property owner shall maintain,
and provide a copy to the Township upon request, a policy of liability
insurance in the nature and amount satisfactory to the Township in
order to protect the Township and the property owner from any potential
claims which may arise from the enhancements. The policy shall name
the Township, the property owner and their agents, officers and employees
as an additional insured. The Township shall be notified in writing
by the insurer a minimum of 10 business days prior to any cancellation
of policy. Cancellation of a business' insurance policy immediately
voids the outdoor dining permit.[1]
[1]
Editor’s Note: Former § 90-6.2,
Caterers, added 10-17-2001 by Ord. No. 3621, which immediately followed
this section, was repealed 1-18-2006 by Ord. No. 3768.
