[HISTORY: Adopted by the Board of Commissioners
of the Township of Ridley 4-23-2003 by Ord. No. 1838. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 325.
The outdoor cafe regulations as set forth in
this chapter are designed to permit those cafes in areas that they
are appropriate and promote and protect the public health, safety
and general welfare. Specific purposes of this legislation are:
As used in this chapter, the following terms
shall have the meanings indicated:
Those exterior facilities adjacent to and part of the establishments
selling food and/or drink, entirely located on private property, open
to the elements except for a roof or awning and a wall, railing or
fence not exceeding 48 inches in height, such as commercial decks
and patios. Included in this definition is a seasonal conversion of
an enclosed structure by means of removal of walls and/or windows
so as to render the facility open to the elements in excess of 50%
of the square foot area of all vertical sides of the enclosed structure
not abutting the main building of the establishment.
[Amended 12-17-2003 by Ord. No. 1847]
A.
Any request or application for a permit to operate
an outdoor cafe shall be made in the Zoning Office, in writing, on
the application form provided by the Zoning Officer.
B.
The request/application may, in the Zoning Officer's
discretion, contain the following information:
(1)
Name, address and telephone number of the applicant;
(2)
Name, address and telephone number of the restaurant
to be the subject of the application;
(3)
The days and hours for which the permit is requested;
(4)
If alcoholic beverages are to be served, proof that
the applicant has received permission from the Pennsylvania Liquor
Control Board for an extension of the retail license to cover additional
premises;
(5)
Three sets of a proposed layout plan prepared by a
registered engineer containing scale drawings clearly illustrating
the number, types of material, color and location of all tables, chairs,
umbrellas and other furnishings or fixtures intended to be located
in the outdoor cafe. Scale drawings shall also illustrate the following;
(a)
The location of any doors leading from the eating
establishment to the outdoor cafe. Such doors may not be obstructed
in any manner.
(b)
The location of the place where any food or
drink is intended to be prepared.
(c)
Type and location of any proposed outdoor lighting
fixtures.
(d)
No outdoor cooking of any type is permitted.
If the application complies with this chapter,
the Zoning Officer shall issue a permit strictly subject to the terms
and conditions of this chapter.
The permit is personal to the applicant and
any change or transfer of ownership of the outdoor cafe shall terminate
the permit and shall require a new application and new permit in conformance
with all the requirements of this chapter.
Acceptance of the permit by the applicant shall
operate as a consent to the health, fire, police and building officials
of the Township to inspect the outdoor cafe for continued compliance
with the terms and conditions of this chapter and any federal, state,
county or local law, ordinance or regulation affecting the same.
Any permit issued hereunder is issued solely
as a revocable permit which shall be subject to revocation or suspension
by the Zoning Officer for failure of any permittee to comply with
this chapter or for violation of any other applicable federal, state,
county or municipal law, regulation or ordinance. Any permit issued
hereunder is issued upon the express understanding that the permittee
obtains no property right hereunder, nor any interest in the continuation
of said permit.
Appeals from the denial, suspension or revocation
of a permit may be taken to the Zoning Hearing Board by any aggrieved
person within 30 days. Each appeal shall refer to the specific relevant
provision of this chapter, explain the aggrieved person's position
with respect to the determination being appealed, and state the relief
requested.
It shall be unlawful for any person to operate
an outdoor cafe after the suspension or termination of the applicable
permit.
Each permittee is responsible for keeping the
area of the outdoor cafe free and clear of any debris or litter occasioned
by the cafe. Areas must be cleaned as needed and at the time the business
is closed and at the beginning of each business day but not later
than 9:00 a.m. each day.
All outdoor cafe permits shall be issued for
the six-month period commencing May 1 and ending October 31 of a particular
year. Permits may be renewed annually by the filing of an application
in accordance with the provisions of this chapter. The annual permit
fee shall be $100.
An outdoor cafe authorized and operating pursuant
to this chapter shall comply with all the following rules and regulations
and such other as may be adopted from time to time by resolution of
the Board of Commissioners of the Township of Ridley:
A.
The outdoor cafe shall be operated and maintained
in accordance with the layout plan as finally approved.
B.
No food served at such outdoor cafe shall be prepared
or stored other than in the interior of the eating establishment.
[Amended 12-17-2003 by Ord. No. 1847]
C.
No music may be played on the outdoor premises.
D.
The outdoor cafe can be open for business between
the hours of 9:00 a.m. and 11:00 p.m. All patrons must vacate the
outdoor cafe no later than 11:30 p.m.
E.
Noise shall be kept at such a level as to comply in
all respects with the provisions of the general Code of the Township.
For each and every violation of this chapter,
the violator, upon conviction by the District Justice, shall be guilty
of a summary offense and subject to a fine of not more than $1,000;
and/or imprisonment for a term not to exceed 90 days.
