[Adopted 8-8-1995 by Ord. No. 5-1995
(Article 1162 of the Codified Ordinances)]
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.
Property contiguous to a public street right-of-way on which
a sidewalk cafe will be operated under the terms of this article.
The City Engineer of the Department of Public Works or his
authorized representative.
The Health Officer of the Bureau of Housing, Health and Sanitation
or his authorized representative.
[Amended 5-12-1998 by Ord. No. 4-1998]
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.
That portion of a sidewalk area which is free of any obstruction,
fixture or appurtenance and is used for pedestrian travel.
Includes a partnership, corporation, association, trust,
estate or other legally recognized entity, as well as an individual.
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.
That portion of the City street right-of-way reserved for
sidewalks. Said area is defined on the City Plan.[1]
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.
The entire right-of-way of a public highway, public alley
or public road, including the designated sidewalk areas.
[1]
Editor's Note: Said plan is on file in the
City offices.
A.
It shall be unlawful to sell, offer for sale, vend,
operate, maintain, serve or give away any item from a sidewalk cafe
without a valid license, issued by the City Health Officer.
B.
Application for a sidewalk cafe must be made in writing
to the Health Officer.
C.
Licenses for sidewalk cafes shall only be available
under the terms of this article. The Health Officer shall have no
authority to grant licenses for sidewalk cafes for any reason except
as prescribed and approved hereunder.
D.
All sidewalk cafes and attendant facilities shall
be inspected by the Health Officer and the City Engineer prior to
the issuance of a sidewalk cafe license.
E.
It shall be permissible for sidewalk cafes to operate
within the following designated areas:
(1)
Sidewalk areas encompassed within the boundaries of
the Central Business Zoning District.
(2)
Such other public places in the Central Business Zoning
District as may be designated by resolution of City Council.
(3)
Other sidewalk areas within the City of Lancaster,
provided that City Zoning Approval is obtained.
F.
Sidewalk cafes shall be licensed only when such are
operated and serviced by a restaurant where all food preparation,
sanitation and related services for the sidewalk cafe shall be performed.
G.
Acceptance of a sidewalk cafe license is an express
acknowledgment and consent to the terms and restrictions set by this
article and the Health Officer. The grant and usage of such license
is a privilege, not a right, subject to reasonable restrictions as
set out herein or as may be promulgated by the regulatory authority.
H.
As an express condition of the acceptance of a license
hereunder, the recipient agrees to 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.
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;
(3)
All abutting properties;
(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,[1] 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.
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.
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:
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.
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.
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.
A.
Before any license is issued pursuant to this article,
the plans submitted to the Health Officer pursuant to this article
shall be referred to and approved by the City Engineer, Bureau of
Police and Bureau of Fire.
B.
The Health Officer shall determine if the applicant
has:
(1)
Obtained the approval of the City Engineer and Building Official for any railing, flooring or other support or enclosure used in the assembly, operation or enclosure of the sidewalk cafe. No such railing, flooring or other support or enclosure shall be considered an erection of, addition to or a structural alteration of a building or structure under Chapter 109, Building Construction and Floodplain Management, Article I, Adoption of Standards, unless such railing, flooring or other support or enclosure is permanently attached to such building or structure.
(2)
Obtained the approval of the Historical Architectural Review Board (HARB) if the sidewalk cafe is located within any area designated as part of an historic district and if the applicant proposes any facilities which are under the jurisdiction of the HARB, as set forth in Chapter 155, Historic Districts, of the Code of the City of Lancaster. The HARB shall use the review criteria for such plans relating to a sidewalk cafe's specific location, size and structure, for its compatibility of scale, design and alteration in the plans for a sidewalk cafe approved by the HARB requires reapproval from the HARB. Once approval is granted by the HARB, the approved plans are valid and do not require annual reapproval. The HARB shall only review applications which have the written approval from the City Engineer as specified in § 240-14.
(3)
Complied with all rules, regulations and specifications
of this article.
C.
The Health Officer may impose any other restriction
on the location, size or design of the sidewalk cafe that, in his
sole judgment, protects the health, safety and welfare of the public.
A.
Upon approval by the Health Officer of the plans submitted by the applicant pursuant to § 240-15 and upon the applicant furnishing to the City of Lancaster the following, the Health Officer shall issue a license, valid through the end of the calendar year:
(1)
A hold-harmless agreement executed by the applicant
and indemnifying the City against loss, including costs and expenses,
resulting from injury to person or property as a direct or indirect
result of the operation of the sidewalk cafe. Said hold-harmless agreement
shall be subject to the approval of the City Solicitor.
(2)
Proof of liability insurance in the amount of $100,000
per individual and $300,000 per occurrence.
(3)
If applicable, proof that the applicant has a state
liquor license authorizing him to serve alcoholic beverages in his/her
sidewalk cafe.
B.
Sidewalk cafe licenses are not transferable. Changes
in ownership/operation require reapplication for a license.
[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.
A.
All ordinances or parts of ordinances conflicting with the provisions of this article are hereby repealed. It is hereby declared that the provisions of the Noise Control Ordinance codified as Chapter 198 are not in conflict with this article and shall remain in full force and effect.
B.
It is hereby declared that the provisions of § 262-12, Sidewalk structures prohibited; municipal exceptions; fixtures permit and fee, and § 262-14, Unlawful sidewalk structures a nuisance; removal, of Chapter 262, Streets and Sidewalks, shall not apply to sidewalk cafe areas properly licensed pursuant to this article.
A.
Whoever violates any provisions 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.
B.
Any person who is convicted of a violation of any
of the provisions of this article shall have his license suspended
for one full year and shall not be eligible for another license until
the expiration of one full year.
C.
Any person who fails to remove a sidewalk structure by November 15, as provided for in § 240-17, shall not be eligible for a license in any following year.
D.
Failure to observe any of the conditions set out herein
is grounds for revocation of a license. Prior to such revocation,
the Health Officer shall give 10 days' written notice to the licensee
of his violation of or his failure to observe a general condition
as set out above. If the licensee requests a hearing prior to the
expiration of that ten-day notice period, the Board of Health shall
hold a hearing to determine if the license should be revoked. The
licensee may present evidence in his own behalf if he so desires.
The decision in regard to revocation may be appealed to the City Council.
If the licensee fails to request such a hearing, the revocation shall
become effective upon the expiration of the ten-day notice period.
If a license granted under this section is revoked, all tables, chairs
and other appurtenances used as a part of the sidewalk cafe shall
be immediately removed from the sidewalk.
E.
This article and the foregoing penalties shall not
be construed to limit or deny the right of the City or any person
to such equitable or other remedies as may otherwise be available
with or without process of law.
