civus
BillENACTED

Bill 070453

Granting permission to Alia Banna and Jerry Roseman, owners of the property 852 S. 2nd Street, Philadelphia, PA 19147, to operate and maintain an open air sidewalk cafe on the west footway of S. 2nd Street, under certain terms and conditions.

Introduced May 24, 2007Committee on Streets and ServicesOfficial record: City of Philadelphia via Legistar

Introduced by

Councilmember DiCicco

From the floor

Passages in the official transcripts that cite this file number. Every quote links to its exact place in the record.

  1. 070270, an ordinance authorizing the Wissahickon Hills Civic Association to construct, own and maintain a sign on the traffic island of Acorn Street; and Bill No. 070305, an ordinance granting permission to Peggy Jones for the purpose of supplying electrical 6/14/07 - STATED - 2ND READING service and telephone service to the said newsstand; and Bill No. 070334, an ordinance amending Section 2 of an ordinance, Bill No…

    Chief Clerk · Stated Meeting, June 14, 2007 · Jun 14, 2007 · official transcript, this passage

  2. To the President and members of the Council of the City of Philadelphia, the Committee on Streets and Services, to which was referred Bill No. 070263, entitled "An ordinance authorizing Northern Star Development to construct, own and maintain multi-level bays and balconies as part of the Oxford Mews residential development project"; and Bill No. 070265, entitled "An ordinance authorizing and directing the placing on…

    Chief Clerk · Stated Meeting, June 7, 2007 · Jun 7, 2007 · official transcript, this passage

  3. And Bill No. 070453, an ordinance granting permission to Alia Banna and Jerry Roseman to operate and maintain an open-air sidewalk cafe.

    Chief Clerk · Stated Meeting, June 7, 2007 · Jun 7, 2007 · official transcript, this passage

Status timeline

  1. May 24, 2007Referred · CITY COUNCIL
  2. May 24, 2007Introduced · CITY COUNCIL
  3. Jun 6, 2007HEARING NOTICES SENT · Committee on Streets and Services
  4. Jun 6, 2007REPORTED FAVORABLY, RULE SUSPENSION REQUESTED · Committee on Streets and Services
  5. Jun 6, 2007HEARING HELD · Committee on Streets and Services
  6. Jun 7, 2007ORDERED PLACED ON THIS DAY`S FIRST READING CALENDAR · CITY COUNCIL
  7. Jun 7, 2007SUSPEND THE RULES OF THE COUNCIL · CITY COUNCIL
  8. Jun 7, 2007ORDERED PLACED ON NEXT WEEK`S SECOND READING CALENDAR · CITY COUNCIL
  9. Jun 14, 2007READ · CITY COUNCIL
  10. Jun 14, 2007PASSED · CITY COUNCIL
  11. Sep 20, 2007SIGNED · MAYOR

Official documents

Documents open on the City of Philadelphia’s legislative site.

Full text

Read the full text as published

..Title Granting permission to Alia Banna and Jerry Roseman, owners of the property 852 S. 2nd Street, Philadelphia, PA 19147, to operate and maintain an open air sidewalk cafe on the west footway of S. 2nd Street, under certain terms and conditions. ..Body THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS: SECTION 1. Permission is hereby granted to Alia Banna and Jerry Roseman, 209 Catharine Street, Philadelphia, PA 19147, owner of the property 852 S. 2nd Street, Philadelphia, PA 19147, to operate and maintain an open air sidewalk cafe with eight (8) tables approximately eighteen inch (18") diameter with chairs encroaching a maximum of four feet (4'-0") onto the west footway of S. 2nd Street, leaving a minimum of eight feet (8'-0") clear footway for pedestrians. The first table is located approximately twenty-seven feet (27') north of the north curb line of Christian Street and the last table approximately forty-five feet (45') north of the north curb line of Christian Street. SECTION 2. Before exercising any rights or privileges under this Ordinance, Alia Banna and Jerry Roseman must first obtain all required permits, licenses and approvals from all appropriate departments, boards, agencies or commissions. No such department, board, agency or commission shall be required to issue any such permit, license or approval solely because this Ordinance has been enacted, it being the express intent of this Ordinance not to supersede any other provision of law governing the issuance of such permits, licenses or approvals. In addition, Alia Banna and Jerry Roseman shall enter into an agreement ("Agreement") with the appropriate City department(s), in a form satisfactory to the Law Department, which shall: (a) furnish the City with a bond with corporate surety in the amount required by the Streets Commissioner and in a form satisfactory to the Law Department to insure compliance with all of the terms and conditions of this Ordinance and the aforementioned agreement; (b) protect, indemnify and save harmless the City from all suits or claims for damages which may arise directly or indirectly as a result of the open air sidewalk cafe; (c) comply with the provisions of The Philadelphia Code thereby securing all required permits, licenses and approvals from all appropriate departments, boards, agencies or commissions, as may be required; (d) agree in writing that when, at the determination of the City of Philadelphia, the open air sidewalk cafe necessitates relocation and/or removal of any underground structure, either publicly or privately owned, Alia Banna and Jerry Roseman will absorb all costs and expenses for the performance of such work at no cost to the City; (e) insure that the eight (8) tables for the open air sidewalk cafe encroach no more than the maximum of approximately four feet (4'-0") onto the west footway of S. 2nd Street adjacent to 852 S. 2nd Street; (f) carry public liability and property damage insurance co-naming the City of Philadelphia as an insured party in such amounts as shall be satisfactory to the Law Department; and (g) remove the open air sidewalk cafe within thirty (30) days upon service of lawful written notice from the Streets Department. SECTION 3. The Law Department shall include in the Agreement such other terms and conditions, as shall be deemed necessary or appropriate in the interest of the City. SECTION 4. The permission granted to Alia Banna and Jerry Roseman to maintain and operate an open air sidewalk café on the west footway of S. 2nd Street shall expire without any further action by the City of Philadelphia if Alia Banna and Jerry Roseman has not entered into the Agreement and satisfied all requirements of the Agreement that are listed in Section 2 within one (1) year after this Ordinance becomes law. SECTION 5. This Ordinance shall not become effective unless the sum of two hundred dollars ($200.00) is paid into the City Treasury within sixty (60) days after this Ordinance becomes law. ..End