(1) Definitions:

(a) Establishment. Any place or premises, whether public or private, where any person conducting any enterprise, occupation, vocation or business, whether or not for profit and whether temporarily or permanently located.

(b) Food. Every substance intended for human consumption, whether in solid or liquid form, excluding any substance the sale of which is regulated by the Pennsylvania Liquor Control Board.

(c) Restaurant. Any establishment where food is handled or sold, provided that said establishment is located in a permanent structure.

(d) Sidewalk Cafe. An area on the sidewalk directing, abutting and adjacent to or vacant land immediate, adjacent and contiguous to a restaurant or any premises licensed by the Pennsylvania Liquor Control Board, pursuant to regulations (40 Pa. Code Chapter 7, Subchapter B, Section 7.21) of the Board, to conduct business on the above-mentioned premises.

(2) Location. Notwithstanding any provision of Section 9-205, a sidewalk cafe may be maintained (i) within the area bounded by the Delaware River, the south houseline of South street, the center line of Third street, the south houseline of Bainbridge street, the Schuylkill River and the north houseline of Fairmount avenue; (ii) on Broad street, between Bainbridge street and the north houseline of Washington avenue; (iii) within the area bounded by the south side of Shurs lane to the north side of Green lane and the east side of Cresson street to the Schuylkill River; and on East Passyunk avenue, both sides, between Broad street and Federal street, provided that the conditions of this section are complied with.[354]

(3) License Fee. An annual license fee of one hundred sixty ($160.00) dollars shall be paid in addition to any of the other license fees required within the building.[355]

(4) License, Indemnification and Other Conditions:[356]

(a) No person shall erect, construct or maintain a sidewalk café unless he has obtained the necessary license from the department of Licenses and Inspections. No license shall be issued unless:

(.1) the applicant submits a plan specifying the precise location of the sidewalk café, including a description of metes and bounds of the proposed sidewalk café;

(.2) the plan has been approved by the Department of Licenses and Inspections, as it pertains to the protection of the general public.

(.3) the plan has been approved by the Department of Streets as it pertains to location. Approval may be withheld if placement or maintenance of a sidewalk café at any proposed location would impede or endanger pedestrian travel, or if the sidewalk café would obstruct or interfere with the installation or maintenance of underground utility structures, or if the location of the proposed sidewalk café, in relation to the licensed premises, is not on the abutting sidewalk.

(b) The written consent of the property owner must be obtained and submitted with the license application.

(c) The licensee agrees in writing to remove the sidewalk café within thirty (30) days after written notice has been given by:

(.1) the Department of Streets, if the Department determines that, due to pedestrian traffic changes, the sidewalk café now tends to narrow the sidewalk to the extent that pedestrian traffic is impeded; or, the sidewalk café interferes with the maintenance or installation of underground utility structures;

(.2) the Department of Licenses and Inspections, if the Department determines that the sidewalk café is no longer being used as such; or the licensed premises has been temporarily or permanently closed for violation of any City, state or federal law and/or regulation; or the sidewalk café is being operated in violation of any ordinance, rule or regulation of the City of Philadelphia.

(d) The licensee agrees to indemnify and hold harmless the City, its officers, employees and agents from and against any and all loss resulting from injury to, or death to persons or damage to property arising out of, resulting from, or in any manner caused by the presence, location, use, operation, installation, maintenance, replacement or removal of such sidewalk café, or by the acts or omissions of the employees or agents of the licensee in connection with such café.

(5) Maintenance of Sidewalk Cafés.[357]

(a) Licensee shall maintain the sidewalk café in accordance with all City, state and federal laws, as well as any rules and regulations which pertain to the use of the sidewalk café including, but not limited to, any and all City Code rules and regulations as may be required by the Department of Fire, Police, Health, Streets and Licenses and Inspections.

(b) All food served from sidewalk cafés in the following locations shall be served on non-disposable containers, and no sidewalk café shall be maintained in the following locations unless such café is directly abutting a restaurant where more than twenty-five percent (25%) of the interior gross floor area is used for seating:

(.1) Chestnut street from Broad street to Eighteenth street; and

(.2) Walnut street from Broad street to Eighteenth street.

(6) Removal of Sidewalk Cafés:

(a) Upon any notice to remove a sidewalk café by the City, the costs of removal and storage of same, if deemed necessary, and costs of restoring the sidewalk to its original condition shall be paid to the City by the licensee within sixty (60) days after written notice or demand to remove was made upon the licensee by the City. Should payment not be forthcoming within the prescribed time, the City, acting through and by the Law Department, shall institute any and all appropriate legal action to ensure payment of any appropriate cost of removal and restoration. Should the licensee not comply with any notice of removal of a sidewalk café, and should the sidewalk café be removed by the City as stated herein, the licensee shall be entitled to the return of the equipment, furnishings or appurtenances so removed only after payment of all costs due to the City as stated herein, and by requesting the return in writing. The responsibility for removal under the provisions of this section shall be the sole responsibility of the licensee without any obligation or cost assessed against the City.

(b) The licensee shall obtain a bond with corporate surety in amount and in such form satisfactory to the Law Department to indemnify the City for the cost of removal of any sidewalk café, restoration of the premises, and all incidental costs.

(7) The Department of Streets and the Department of Licenses and Inspections may issue whatever rules or regulations they deem necessary or desirable to effectuate the purposes of this section. With respect to rules or regulations as to the extent of encroachments upon and obstructions of the streets, for the protection or facilitation of pedestrian traffic, such rules or regulations shall not permit encroachments upon or obstructions of the streets greater than those specified in Title 11 of The Philadelphia Code.

(8) Approval or disapproval of a license to operate a sidewalk café must be issued within thirty (30) days after the applicant complies with all the requirements as set forth in this section.

(9) Penalties.[358] The penalty for violation of this Section or any condition of a permit or rule and/or regulation issued pursuant to this Section shall be a fine not exceeding three hundred (300) dollars.

(10) Repeat Offenders.[359] Any person who commits, on more than one occasion, a violation of this Section or any condition of a permit or rule and/or regulation issued pursuant to this Section, shall be guilty of a separate offense of Repeat Violation, and for each such Repeat Violation, shall be subject to a fine of not more than three hundred (300) dollars, or imprisonment for not more than ninety (90) days, or both. A person shall be guilty of a Repeat Violation regardless whether the second or subsequent violation occurs before or after a judicial finding of a first or previous violation. Each violation, after the first, shall constitute a separate Repeat Violation offense.