This article shall be known and may be referred
to as the "Sidewalk Cafe Ordinance."
The intent of this article shall be to permit
sidewalk cafes to operate on public street rights-of-way and other
designated public places within the City of Lancaster and to set requirements
of this article except as otherwise provided elsewhere in the Code
of the City of Lancaster. The Health Officer may impose additional
requirements to protect against health hazards related to sidewalk
cafe operation and may modify requirements for physical facilities
when health, safety or welfare concerns may arise.
For the purposes of this article, certain words
and phrases shall have the meanings ascribed to them by this section,
unless the context clearly indicates a different meaning.
ABUTTING PROPERTY
Property contiguous to a public street right-of-way on which
a sidewalk cafe will be operated under the terms of this article.
CITY ENGINEER
The City Engineer of the Department of Public Works or his
authorized representative.
HEALTH OFFICER
The Health Officer of the Bureau of Housing, Health and Sanitation
or his authorized representative.
[Amended 5-12-1998 by Ord. No. 4-1998]
OWNER
Includes any owner of fee simple title, part owner, joint
owner, tenant in common, tenant in partnership, joint tenant or tenant
by the entirety of the whole of the land contiguous to the street
right-of-way on which a sidewalk cafe is to be operated under the
authority of this article.
PEDESTRIAN WALKWAY
That portion of a sidewalk area which is free of any obstruction,
fixture or appurtenance and is used for pedestrian travel.
PERSON
Includes a partnership, corporation, association, trust,
estate or other legally recognized entity, as well as an individual.
RESTAURANT
A food service establishment where food is purchased and
served in individual portions for consumption on the premises. This
term shall not include an establishment which operates exclusively
as a caterer, a commissary, a food processing establishment, a mobile
food unit, a retail food store or a temporary food service establishment.
SIDEWALK AREA
That portion of the City street right-of-way reserved for
sidewalks. Said area is defined on the City Plan.
SIDEWALK CAFE
An outdoor dining area operated by a restaurant located on
a sidewalk area or other designated public place and containing removable
tables, chairs, plants and related appurtenances, which is not located
on or does not encroach upon the pedestrian walkway as established
under the provisions of this article. It shall not be enclosed by
fixed walls and shall be open to the air, except that it may have
a canopy. It may but is not required to abut its sponsoring restaurant.
STREET RIGHT-OF-WAY
The entire right-of-way of a public highway, public alley
or public road, including the designated sidewalk areas.
Each applicant for a license under this article
shall submit three copies of his application and plans for a sidewalk
cafe to the Health Officer, who shall issue a license upon compliance
with the terms and conditions of this article. Applications for sidewalk
cafe licenses shall include the following:
A. The name and street address of the applicant.
B. The name and street address of the owner of the sidewalk
cafe, of the owner of the underlying freehold and/or abutting property
owner if not the same person and:
(1) A description of the owner of the abutting property,
if other than a natural person, including the legal status (corporation,
partnership, etc.) and a general description of the type(s) of business
operated on the abutting property.
(2) Written authority in the form of a power of attorney
from the owner to submit the application if the applicant is not the
owner of the abutting property.
C. The name and street address of the registered agent
for the service of process, if the applicant represents a corporation;
or the names and street addresses of the officers or partners, if
the applicant represents an association, partnership or other entity.
D. The name and street address of the operator, manager
or other person responsible for the operation of the sidewalk cafe.
E. The name under which the sidewalk cafe will be operated.
F. The street address and the City food establishment
license number of the restaurant operating and servicing the sidewalk
cafe.
G. A site plan drawn to a scale of 1/2 inch equals
one foot, showing:
(1) The entirety of the sidewalk abutting the property
of the owner;
(2) The frontage of the property proposed for the sidewalk
cafe;
(4) All existing sidewalk features, including but not
limited to trees, utility poles, sign poles, fire hydrants, permanent
litter receptacles, telephone booths, news vending racks and mailboxes;
(5) Any bus stops within 25 feet on either side of the
proposed sidewalk cafe area; and
(6) Detailed drawings of legible proportions showing the
limits of the proposed sidewalk cafe site, the design dimension and
proposed location of all proposed temporary structures (i.e., canopies,
umbrellas, planters, landscaping, tables, chairs, all exterior lighting,
electrical outlets, etc.), the proposed pedestrian walkway and the
side and front elevations of the proposed sidewalk cafe.
H. The seating capacity of the proposed sidewalk cafe.
I. A copy or copies of the certificate or certificates
of insurance required to be provided.
J. If the serving of alcoholic beverages is proposed,
proof that the applicant has a state liquor license that will allow
or can be amended to allow applicant to serve alcoholic beverages
in the sidewalk cafe.
All sidewalk cafes shall comply with the following
standards:
A. A sidewalk cafe shall have a pedestrian walkway with
a clear unobstructed width of six feet between the sidewalk cafe and
any obstacle (tree, pole, post, sign, planting area, bus shelter,
etc.). The pedestrian walkway shall be provided with an unobstructed
height of seven feet between the ground plane and an overhead obstacle
(tree branch, overhead sign, awning, etc.).
B. No sidewalk cafe may be permanently located within
the sidewalk area by means of raised deck platform, fence, walls or
other structures or enclosed by fixed walls, except that sidewalk
cafe boundaries may be delineated by the use of temporary barriers
such as balustrades, cordons or railings. Any such temporary barriers
must be easily removed and three feet or less in height above the
sidewalk. Under no circumstances shall temporary barriers as authorized
hereunder be allowed in the identified pedestrian walkway, nor shall
a temporary barrier be affixed to the sidewalk or to any permanent
structure, except that it may be attached by removable clips or devices
approved in advance by the City Engineer.
C. The City Engineer may approve temporary platforms
or similar structures for the sole purpose of leveling sidewalk cafe
areas on which sidewalk cafes are located.
D. No sidewalk cafe shall be situated:
(1) Within six feet of any pedestrian crossing as defined in City of Lancaster Code §
22-19C, Safety zones;
(2) Within five feet along the street line of any fire
hydrant or other emergency facility;
(3) Within five feet of any driveway;
(4) Within two feet of any curbline;
(5) Within 10 feet to the rear of any sign marking a designated
bus stop;
(6) In a manner which restricts sight easements of vehicular
traffic; or
(7) In a manner which obstructs traffic control devices
or traffic signs.
E. All sidewalk cafes shall be open to the air.
F. Canopies and awnings may be permitted in accordance
with specifications, as delineated by the City Building Code and the
City Zoning Code, which relate to height, placement, interference with pedestrian
passage and traffic sight easements.
G. Sidewalk cafes shall in no way obstruct the ingress
to or the egress from any building or business.
H. All sidewalk cafes and their attendant facilities
or improvements shall comply with clearances required for structures
in relation to utility lines as provided in the City Building Code.
I. No sidewalk cafe shall be located on the sidewalk
between the building facade and a bus stop.
J. No portion of a sidewalk cafe or its facilities, appurtenances,
planters, shrubs, tables, chairs or other materials shall be permitted
in the pedestrian walkway as defined in this article.
K. Sidewalk cafes shall provide and maintain adequate
lighting in and around the pedestrian walkway so as to allow sidewalk
users to observe and avoid obstructions.
L. Sidewalk cafes shall not obstruct access to hydrants,
streetlights, telephones, mailboxes, transit stops or any other public
service facility on the sidewalk area or street.
M. No signs shall be hung or attached to any portion
of the sidewalk cafe, except those signs that are in compliance with
provisions of the City Zoning Ordinance.
N. A sidewalk cafe may be expanded to an abutting property
with the written permission of that abutting property owner.
O. In the event that the proposed sidewalk cafe is not
in front of a restaurant or abutting property, the applicant must
provide written permission from the owner of the property and reasonable
procedures that a sidewalk cafe can be operated in a noncontiguous
location.
A sidewalk cafe authorized and operated pursuant
to this article shall:
A. Comply with all plans submitted to and approved by the Health Officer under §
240-14.
B. Serve alcoholic beverages only in conformance with
Pennsylvania Liquor Control Board requirements.
C. Operate only during the same hours of business as the sponsoring restaurant. All patrons must be vacated from the sidewalk cafe and all utensils, containers or any other serving materials used in the operation of the sidewalk cafe or within the area used by the sidewalk cafe shall be removed from the sidewalk cafe area within one hour of closing; provided, however, that any railing, flooring or other support or enclosure used in the assembly, operation or enclosure of the sidewalk cafe may be allowed to remain on the sidewalk area if specifically permitted in the Health Officer's approval of the sidewalk cafe plans under §
240-14 above.
D. Remove all sidewalk cafe structures by November 15,
and not install prior to April 1, in any year for which a license
is granted.
(1) In the event that favorable weather conditions should prevail, a sidewalk cafe may temporarily reopen on a daily basis during the time period set forth in Subsection
D above. All tables, chairs and other materials must be removed every day by sundown.
E. Use no food serving or food service equipment to hold,
store, heat, warm, cool, chill or otherwise keep food to be served
outside of the sponsoring restaurant for use in or by a sidewalk cafe.
F. Serve no food or beverages to a patron at a sidewalk
cafe unless that patron is seated at a table.
(1) If the sidewalk cafe is located adjacent to the sponsoring restaurant, in lieu of Subsection
F above, the following is allowed:
(a)
Self-service by patrons, without table service;
or
(b)
Facilities for standing instead of sitting.
G. Play no music, from whatever source (acoustical, electric, or other) on the premises outdoors, except in conformance within Chapter
198, Noise.
H. Police for trash and debris an area extending 15 feet
in each direction from the outermost portion or boundary of the sidewalk
cafe at least daily.
I. Comply with all other provisions of the codified ordinances
of the City of Lancaster, Lancaster County, Pennsylvania.
[Amended 7-26-2005 by Ord. No. 15-2005]
A. If the City incurs any costs in removing any equipment or improvements from a sidewalk cafe for the following reasons: the establishment went out of business or the establishment failed to renew its license, within 30 days of the close of the outdoor season, the City shall remove all equipment and bill the property owner for the actual costs of labor, materials, equipment or any other item, service or expense incurred by the City to correct such violation, plus the administrative fee prescribed by Chapter
36.
B. Any bill for such removal of equipment undertaken pursuant to this chapter shall be paid by the property owner in accordance with Chapter
36, Municipal Claims. Upon failure of the property owner to pay the amounts due the City in accordance with Chapter
36, the City shall be entitled to collect all amounts and pursue any or all of the remedies identified in Chapter
36, Municipal Claims.
[Amended 5-12-1998 by Ord. No. 4-1998]
A sidewalk cafe license may be renewed annually, upon review of the renewal application and complaint history, if any, which shall be provided by the Bureau of Housing, Health and Sanitation, Bureau of Police, Bureau of Fire and Department of Public Works. Each agency shall provide to the Health Officer copies of any inspection results, complaints filed and citations issued concerning the sidewalk cafe under consideration. The renewal fee for a license shall be as stipulated in §
240-15.
Upon finding by the Health Officer that an applicant has violated any provisions of this article, the Health Officer shall give written notice to the applicant to correct said operational violation. Upon failure to correct said operational violation within the time frame specified, the Health Officer may take appropriate action, as necessary, to maintain the Pedestrian Walkway. The Health Officer may suspend the applicant's license issued pursuant to this article, as well as pursue prosecution in accordance with the requirements of §
240-20. The Health Officer shall, in his/her sole judgment, give a violator reasonable time to repair any structural damage or physical violation of any provision of this article. An appeal before the Board of Health shall be accorded if requested.
The area encompassed within a sidewalk cafe authorized pursuant to this article, if duly licensed for sale and consumption of alcoholic beverages by the Pennsylvania Liquor Control Board, shall not be subject to Chapter
88, Alcoholic Beverages, Article
I, Open Containers, of the Code of the City of Lancaster.