COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC HEARING COMMITTEE ON LICENSES AND INSPECTIONS - - - Room 696, City Hall Philadelphia, Pennsylvania May 28, 2003 1:30 p.m. - - - BILL 030243 - An Ordinance enacting a new Section 10 10-1611 of Chapter 10-1600 of the Philadelphia Code, entitled "Discontinuance of Proceedings," to provide for the discontinuance of proceedings before the Bureau of Administrative Adjudication under certain terms and conditions. BILL 030254 - An Ordinance amending Title 9 of the Philadelphia Code ("Regulation of Businesses, Trades and Professions"), by amending Section 9-208 relating to sidewalk cafes by amending and adding certain provisions for regulating sidewalk cafes; all under certain terms and conditions. - - - PRESENT: COUNCILMAN RICHARD MARIANO, Chair COUNCILMAN DARRELL CLARKE COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN MICHAEL A. NUTTER COUNCILMAN FRANK RIZZO COUNCILMAN FRANK DICICCO - - - V A R A L L O, INCORPORATED LITIGATION SUPPORT SERVICES 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 I N D E X BILL 030254 PAGE OTIS HAIGLER, JR., L&I ...................... CARLA MCCOLLUM, Delaware Valley Chapter of Council of Citizens with Low Vision .... 25 LENORA BERSON, Center City Residents Association Legislative Committee ...... 35 3 05/28/03 - LICENCES AND INSPECTIONS - BILL 030254
This is the public hearing of the Committee of Licenses and Inspections. Bill No. 030243 is being held at the request of the sponsor. The Clerk will read the title of Bill 8 030254.
Bill 030254, an Ordinance 10 amending Title 9 of the Philadelphia Code by amending Section 9-208 relating to sidewalk cafes by amending and adding certain provisions for regulating sidewalk cafes; all under certain terms and conditions.
Good day, Councilman Mariano and Members of the Committee. I am Otis Haigler, Jr., Legislator of the Regulatory Affairs, Manager for the Department of Licenses and Inspections. Today, I'm here to provide testimony on Bill 030254, which if enacted will amend Section 24 9-208 of the Philadelphia Code governing sidewalk cafes. 4 05/28/03 - LICENCES AND INSPECTIONS - BILL 030254 The Department fully supports Bill 3 030254, which will streamline the process for obtaining a license to maintain a sidewalk cafe and provide certain safeguards governing its location in the public right-of-way. Section 9-208, Subsection 1, Subsection D, of the proposed Ordinance makes clear that permission for a sidewalk cafe can only be granted to restaurants or those establishments which have a license issued by the Pennsylvania Liquor Control Board, where food is served at tables and chairs. The key component of this amendment is that food has to be served at tables and chairs in order to be classified as a sidewalk cafe, as defined by Section 9-208. This will restrict sidewalk cafes to restaurants or establishments with waiter or waitress service where food is delivered directly to the table of the patron. Additionally, the sidewalk cafe must be open air and not part of an addition that will require the enactment of a specific ordinance for its construction and encroachment on the public right-of-way. By adding this amendment to the 5 05/28/03 - LICENCES AND INSPECTIONS - BILL 030254 definition for sidewalk cafes, many of the community concerns regarding illegal structures, debris and extensions of fast food or take-out restaurants onto the public right-of-way have been addressed and will be alleviated. Additionally, in accordance with Section 8 7.21 of Title 40 of the Pennsylvania Code, all establishments having a liquor license must have Liquor Control Board approval prior to extending their operation to the sidewalk area of the licensed establishment. Other provisions of Bill 030254 governing clearances to other structures and the location of the sidewalk cafe on the public right-of-way will ensure that pedestrian access remains unobstructed and public safety is protected. Bill 030254, as sponsored by Councilman Clarke, is also in line with the goals of the Administration and mandate of Council to streamline the licensing and approval process for businesses wishing to operate in the City and comply with the requirements of the Philadelphia Code. Bill 030254 does this and also preserves regulatory controls over the manner in which the public right-of-way is 6 05/28/03 - LICENCES AND INSPECTIONS - BILL 030254 used for the protection and pleasure for all persons. In closing, the Department wishes to recognize the work of the Redesigning Government Initiative, consisting of the Mayor's Office of Labor Relations, members of L&I, the Department of Streets, and the municipal unions, AFSCME District Councils 33 and 47, and also I would like to add Johanna Bowman (ph), who's director of the RDI. This group met regularly during this legislative cycle to review the requirements governing sidewalk cafes and recommend changes that would enhance the service provided to the public. Many of the recommendations of this group have been incorporated in Bill 030254, and they have asked that I pass along their appreciation to Councilman Clarke for his support and sponsorship of this Bill. Thank you. I'll be happy to answer any questions at this time.
Thank you, Mr. Haigler. First of all, I just want to say we have Councilman Rizzo, Councilman Goode, Councilman Clarke, myself and Councilman DiCicco. 7 05/28/03 - LICENCES AND INSPECTIONS - BILL 030254 Councilman Clarke.
Thank you, Mr. Chairman. Mr. Chairman, I just want to make a brief statement with respect to the introduction of the Bill. I too would like to thank the members of government and other individuals from the participating organization, Reinventing Government, on this particular Bill. I got involved in this issue as a result of several concerns raised by constituents. I had difficulty in various locations throughout Center City as it related to pedestrian footway as a result of sidewalk cafes. Getting involved in the process, it was understood that there were problems across the City of Philadelphia in various locations. Subsequently, I contacted a couple of Members of Council who had a substantial amount of sidewalk cafes in their district to ensure that they would be in the loop as it relates to any implementation of this program. And I want to go on the record in stating that I'm very supportive of sidewalk cafes. I think it brings an amenity to the City and some synergy, particularly to Center City, 8 05/28/03 - LICENCES AND INSPECTIONS - BILL 030254 that has enhanced our ability to do business and attract people to our fine restaurants and want to continue to be supportive of those efforts. But at the end of the day, I think that it's appropriate to ensure that pedestrians have the ability to walk down the sidewalk unimpeded by chairs, tables or waiters or waitresses holding food and things of such, or plants or trees or whatever may find its way on the sidewalk. As a result of that particular problem, we incorporated some of the proposals by the Reinventing Government Committee into the Bill, and hopefully this Bill will be supported by the Members of this Committee. I just want to thank you for your support on this, Mr. Haigler.
Thank you, Councilman. Any questions for Mr. Haigler? Councilman DiCicco.
Thank you, Mr. Chairman. Good afternoon, Mr. Haigler. Earlier in the Streets and Services 9 05/28/03 - LICENCES AND INSPECTIONS - BILL 030254 Committee I had asked you some questions that would be germane to this legislation. One of the questions had to do with, what are the fees that vendors pay today to the City of Philadelphia in order to vend, use the sidewalk for sales?
For vending -- which is different from this Bill because we're talking about not an extension of an existing business -- but for vending, fees are, in Center City particularly, $250 for the vending license, $250 for the business privilege license. They are also required to get a license from the Health Department for food.
I understand that the vending is not necessarily directly related to this Bill, but there is some connection in terms of -- I think the purpose of this Bill was to provide better access to the public for the purpose of traversing the sidewalk and enable both the restaurant businesses to provide this amenity, which we all agree is a wonderful thing, but not limit the pedestrian access to be able to move on that same side, because we're sharing a very limited amount of space.
That's correct. The 10 05/28/03 - LICENCES AND INSPECTIONS - BILL 030254 difference also is that this Bill with sidewalk cafes, sidewalk cafes have to abut the building line; whereas the vending, there has to be a distance between the vending operation and the property line.
I guess that's where I was going earlier today, and I'll go back to that today. There is some relationship, even though the nature of the business may be somewhat different because one is an extension of an existing business and the other is kind of a free-standing business, meaning a vendor. But the relationship is similar in the sense that both of them have an effect, either negative or positive, depending on how you look at it, but have an effect on the area that pedestrians are able to use without being totally obstructed or prohibited from using that sidewalk. So I guess where I am going with this thing is, I've been dealing with vendors off and on for the eight years I've been here. There are a number of locations where vendors are operating today, that the distance from the property line to the vending cart is much less than 10 feet, and in some cases probably three feet or even less. 11 05/28/03 - LICENCES AND INSPECTIONS - BILL 030254
Vending generally happens on public property that allows vending to take place there; is that not true?
So there's also a difference between activities happening on public property or private property. So this legislation actually deals with what's allowed on private property, because the public sector can always control what's going to happen because they're licensing people to vend there.
Not necessarily, Councilman. I have to correct you a little bit. The sidewalk cafes is in the public right-of-way. It's on the sidewalk. It's the sidewalk abutting the licensed business. So it's still in the public right-of-way. The difference is 12 05/28/03 - LICENCES AND INSPECTIONS - BILL 030254 that the sidewalk cafe is an extension of a licensed legal business that's already there; whereas the vending operation is a stand-alone business that's occupying the public right-of-way. There are certain requirements of the licensed business that's already there, that they have to meet certain provisions of the Philadelphia Code just by virtue of them being there already. But this is only an extension of that operation to the sidewalk abutting their business.
So vendors have no 13 permanent rights there. The rights are extended to them on an annual basis?
There is no deeded portion of the public right-of-way to vending. There's licensing provisions, specifically under Section 18 9-204 of the Philadelphia Code relating to Center City specifically, there are 300 vending locations that were allocated in 1991, specifically in Center City, and that was allocated to vendors. And they were given those locations by virtue of a lottery where they had to get those locations from our Business Compliance Unit. And those are the only locations where they're allowed to vend in Center 13 05/28/03 - LICENCES AND INSPECTIONS - BILL 030254 City. They're not allowed to vend anywhere else besides that location. So it's not a deeded right, but because they have a license, they have the privilege to vend there because they have a license to vend there.
For the purposes of Councilman Goode's question, there are a number of locations in commercial corridors where Council has approved legislation that will allow for the business managers or owners, operators to use part of the sidewalk, which is the public sidewalk, within 40 inches of the property line going out. So -- not necessarily for sidewalk cafes. It could be for any accessory sales can be extended out 40 inches, where legislation provides. We do have cases where sales are allowed, not only for the sale of food and beverages, but also for products.
Well, that's primarily specifically Center City. Center City only allows 300 vending locations. So even if the property owner wanted to vend outside of their property in 14 05/28/03 - LICENCES AND INSPECTIONS - BILL 030254 Center City, they would need a special Ordinance to do that in Center City. Elsewhere, they wouldn't need that.
I beg to differ with you. I just did legislation for Pine Street. I've done in the past East Passyunk Avenue where special Ordinances were required to permit sidewalk sales within 40 inches of the --
My understanding of the Code is that it is prohibited except where allowed.
Except where not allowed by the Councilperson. Also, you have provisions -- when you talk about East Passyunk Avenue, you may also have had some Ordinance already in place that prohibited sidewalk sales. Periodically, the Councilpersons can offer an amendment to Section 19 9-205 of the Code to prohibit sidewalk sales in an area all together, within certain boundaries of an area all together. Once you prohibit it, you're going to have to come up with an Ordinance to allow that business to now vend back in that area. But normally, they're given permission to extend their businesses onto the sidewalk, if it's not part of 15 05/28/03 - LICENCES AND INSPECTIONS - BILL 030254 Center City, or if there's no other prohibitions to prohibit sidewalk sales in area.
East Passyunk Avenue, there's actually two Ordinances; one to allow sidewalk cafes and the other to allow sidewalk sales. We actually did two separate Bills.
And you would have to do that because there are two separate sections of the Philadelphia Code that governs it.
Is it safe to say that there are certain sidewalk cafes that are in operation today that may be, as a result of this legislation, would be prohibited in the future?
If they're not in compliance with the requirements. But the requirements are obtainable in most cases. It could be an issue there may be something somewhere -- I'm not exactly sure how to answer that. But the requirements in most cases are obtainable by most businesses. They're not that restrictive. They're provisions that are in place that makes it a little bit easier for certain business to comply.
Isn't there a distance requirement in this legislation, 10 feet, 16 05/28/03 - LICENCES AND INSPECTIONS - BILL 030254 if I'm mistaken?
Pedestrian access. But there is something, if I recall from earlier this morning --
You have a foot 9 requirement -- I'm looking at where it talks 10 about the sidewalk located at a street intersection shall provide a corner clearance of 10 feet clear space from a point of tangency of the curb line. But that's a unique situation. Where you have a corner property, you have to have some sort of clearance of 10 feet tangent to the curb line in that situation. But the general requirement is five feet.
That's correct. It's five feet of pedestrian access. But there's also another provision in here also that takes into account when you have a sidewalk that's more than 13 feet, then it's half of the confirmed sidewalk --
What happens in the 17 05/28/03 - LICENCES AND INSPECTIONS - BILL 030254 case where you have a sidewalk that is less than, say, feet or less, and you need 5 feet for 4 pedestrian access -- the combination between 5 pedestrian access and the requirement doesn't meet 6 the Code, where if you have three feet of sidewalk 7 cafe and you have a seven-foot sidewalk in total, 8 you're below the five-foot requirement? 9
Do you understand my question? At least in Old City -- I'm not opposed to this legislation. I'm just trying to clear this because I got a feeling I'm going to get some calls on this. In Old City, especially the sidewalks on Second Street and Third Street, you're not going to have five feet of space for public access.
Councilman, if I can. Councilman Nutter, who is going to be here a little later, expressed some concerns about some locations in Manayunk where that issue may be problematic. But I guess the question is, should that sidewalk cafe have been granted initially, if 18 05/28/03 - LICENCES AND INSPECTIONS - BILL 030254 it did not allow proper access for pedestrians. And I'm not looking to take that business privilege away from anybody. I think -- Councilman DiCicco just mentioned the word grandfathered. There could potentially be some discussions. But one of the problems associated with the Bill, that it is a citywide Bill and it takes into account different locations. But at the end of the day I think that there should be a set number as it relates to pedestrian footway, regardless of where the location is or what the size of the sidewalk is. If a person needs five feet or four feet or whatever it is, it doesn't matter what section of town that they're in, they need four feet or five feet to walk, regardless as to whether or not it's in Old City or Manayunk or North Philly. That was the purpose of the Bill, in terms of providing access for pedestrians, not necessarily creating a problem for any particular operator.
I'm not suggesting that there was any hostility in the creation of the Bill, but there are issues, and I think a lot of this, I think, started back with the issue -- 19 05/28/03 - LICENCES AND INSPECTIONS - BILL 030254
I just want to make sure that I understood the conversation that just occurred. If L&I has identified an outdoor cafe that has encroached or moved into an area that now is identified as problematic, I couldn't be supportive of grandfathering something that appears to be inappropriate, for lack of a better word. So I'm hoping I'm not hearing that we're going to allow something to continue that L&I has said isn't a good situation.
Point of information on his point of information. Are you grandfathering anything here, Otis, or not?
The Ordinance doesn't indicate any grandfathering. There are no 21 grandfathering provisions in the Ordinance to grandfather something in --
So what I'm hearing is, if this Ordinance passes and someone doesn't meet the dimensions or the measurements in that 20 05/28/03 - LICENCES AND INSPECTIONS - BILL 030254 Bill, they've got to fix it?
Well, you can only fix it if you extend the sidewalk out in some cases, and that's not going to happen.
But there are cases where even one table -- I'll refer to it as a deuce from my old days when I owned a restaurant -- where the sidewalk is that narrow, that even the deuce, the small little table, may not allow for that five foot distance for pedestrian access. And in many cases, I think that will create -- and I understand the public's issue, because the public is both the people who walk the streets and the people who operate the businesses. I mean, everyone is part of the public. That's the only concern I have. Again, I'm not springing this up at the last minute. I just had a concern because when I 21 05/28/03 - LICENCES AND INSPECTIONS - BILL 030254 read this this morning a little bit more thoroughly, I started visualizing some of the restaurants that may actually be prohibited from doing any sidewalk cafe completely.
Councilman Clarke also stated that Councilman Nutter had a few concerns, but it's not in the Bill. So if we're voting the Bill -- plus I think we should let the public testify. They may have something that's very germane --
I'd just like to put on the record that this really is a Streets Department issue, the transversing of the public right-of-way. I think when the Bill passes, L&I and the Streets Department will be getting together to work out jurisdictional responsibilities for enforcement of certain issues. Because the public right-of-way is the Streets Department.
If this Bill passes and there's a particular one that either of the Councilmen has a concern about, they can still get an encroachment Ordinance written by the particular District Councilperson?
That's correct. That's 22 05/28/03 - LICENCES AND INSPECTIONS - BILL 030254 correct. And that specific Ordinance will supersede any general Ordinance, I believe.
One of the concerns, and I guess to some degree frustration I had when we got involved in this issue, that there was conflicting information relating to what L&I required and the Streets Department required, which is why we felt it was appropriate to get involved in the issue and have one set of regs for pedestrian footway. Because I think at one time it was three feet for one department and five feet for another department, and I think the community wanted 10 feet. It was, like, all over the place. So what we're trying to do is get one set of standards for pedestrian footway. Councilman, I understand your concerns.
And I agree with you, Councilman. And I think my concern goes back to something that I attempted a few years ago with honor boxes and other forms of street furniture, as it's referred to, and how that impacts on the inability in many cases for pedestrians to move 23 05/28/03 - LICENCES AND INSPECTIONS - BILL 030254 about in a safe and free access environment. So there are a number of -- there's a lot of stuff out on the sidewalks, if you will, that probably have just as much, if not even a more adverse on the public access than sidewalk cafes. And I'm not picking on the vendors who always think that I am. But I can point to some vendors -- if you take the hot dog cart, as an example, the canopy, which is really part of the vending cart that opens up, I know places where that is probably three to six inches from the property line, where people literally have to duck to get under that to walk. Why do they get the free ride, I guess, when they are creating probably as much, if not in many cases more of a public hazard than sidewalk cafes are? Again, I don't want to reinvent the wheel, but I was of the impression a while back when I tried to do the honor box legislation, which I couldn't get moved at all, and some of the other vending things that I received some criticism about -- I remember about 400 vendors wanted to string me up by the rafters in the Council Chambers on the fourth floor, that I was against private 24 05/28/03 - LICENCES AND INSPECTIONS - BILL 030254 enterprise and capitalism and all that stuff. I think that we need, in addition to this, a more comprehensive understanding and regulations as it relates to street furniture, sidewalk furniture in general, because I don't see how a vendor who can stand there and pay $250 a year not having to adhere to the foot and the 5 foot 9 and all that other stuff, gets to continue to 10 operate, but a restaurateur who pays many, many more taxes and other fees, in addition to the wage taxes and everything else that they can't escape, is now going to be limited and possibly prohibited from having a sidewalk cafe when 30 feet away or 10 feet away, literally in some cases right in front of that establishment, someone is going to be able to open up a hot dog cart if it's within the zone that allows for vending. What's the difference?
Thank you, Councilman. Can we have the public testimony now? I see there's some people that took great time to get up here. Public testimony. Who's here to testify? 25 05/28/03 - LICENCES AND INSPECTIONS - BILL 030254 Ma'am.
Hello. My name is Carla McCollum. I am Resource Director of the Delaware Valley Chapter of Council of Citizens with Low Vision. A lot of the concerns that Councilman DiCicco had mentioned with vendors and honor boxes, I am very well aware of. I do not have to go anywhere for excitement, except out to the streets to walk because of all the obstructions and construction and ill placed items. Public life is lived on the streets. I'm well aware of that. But there are certain things that are definitely dangerous, most of which we will not be discussing. Sidewalk cafes are a pleasant part of City living. We are all amenable to them, but certain restrictions, I think, are wise to at least consider and try to come to a consensus with all the conflicting requirements. Those of us with severe vision impairment or no vision do need an extra wide walkway for cane swing, especially on narrow sidewalks where curb-side tables are also allowed. You've got to be aware of people on both sides. And people who are sitting at tables enjoying meals with 05/28/03 - LICENCES AND INSPECTIONS - BILL 030254 waiters scurrying around them present an interesting labyrinth to try to negotiate when you're using a cane. The problem with tables on both sides of the walkway, if you're visually impaired is, you could whack somebody in ankle or knock over something they have sitting next to them on the ground, like a briefcase, get caught in a chair leg or a table leg, or bump into a waiter who is trying to maneuver himself. Overhead obstructions are another possibility if they have awnings, low hanging tree branches, anything that is within, I would say, a four-foot zone. You're supposed to have at least, walking in the City, swinging a cane from left to right, you usually have to -- to be safe -- have it past your shoulder width. But in crowded situations, you do have to narrow it down. Some streets are so obstructed that you cannot get off the crosswalk onto the sidewalk. Other places where there are sidewalk cafes even egress into an area where there is a railing dividing the cafe from the sidewalk. Sometimes there is a foot traffic jam there from people trying to gain access. All of these are problems that 27 05/28/03 - LICENCES AND INSPECTIONS - BILL 030254 sometimes you just have to stand there and wait for things to thin out. People tend to cluster and talk on sidewalks as well, oblivious to other people. All of these are obstructions that have to be negotiated. Sometimes with instant decision making, as in crossing streets, badly maintained sidewalks, uneven, unlevel sidewalks, are a hazard for those who cannot use visual cues to help balance themselves, and have to use their feet and the cane. I understand canted sidewalks are necessary for rain runoff, but some of the angles are very steep, and it definitely is a little more disorienting.
Excuse me, ma'am. So this Bill -- to get this in a nutshell -- this would be a good Bill for someone who's sight-impaired? I mean, it's a start, right? This is good?
Yes. I think all of these other possibilities have to be worked into the Bill. I think getting in touch with anyone who teaches mobility, as at Pennsylvania College of Optometry or at Associated Services for the Blind, their mobility instructors would definitely have 28 05/28/03 - LICENCES AND INSPECTIONS - BILL 030254 more pointers about these things that must also be considered. You have other considerations for people who are in manual and electric wheelchairs, people who use scooters. They all have slightly different requirements. But I would also make a suggestion -- you were discussing some sidewalks are simply too narrow. Would it not behoove you to make the Ordinance read, where the sidewalk is a certain width, eight feet or less, have only a certain proportionate amount of that sidewalk, one-third or less, be accessible to outside usage, you know, one table or less?
That's a good point. Mr. Haigler either wants to take me out tonight, or he's making eyes at me that he has an amendment. He's sitting next to you over there and he's making eyes. Do you have something on that, Mr. Haigler, on her point, percentage-wise where the streets are smaller?
Some of the issues that my table person raised related to the wait staff and visitors. Those are good points and good issues. 29 05/28/03 - LICENCES AND INSPECTIONS - BILL 030254 Those issues were addressed in the Ordinance. If I might just read that provision. There's a provision in the Ordinance that addresses some of these issues that she just raised. There's a provision here that says, that the licensee shall be responsible for keeping all visitors, patrons, employees and cafe fixtures, including without limitations, tables, chairs and heaters from occupying or encroaching into the required clear sidewalk space. So the issue with the employees being in the area to impede the pedestrian access, that was addressed in the amendments to this Bill. We're going to offer a slight amendment a little later to deal with that issue about the curb-side. Understanding that the employees do have to get to the curb-side in order to serve the patrons at the tables at the curb. But the curb-side requirements only kick in after 7:00 p.m. They don't kick in before 7:00 p.m. They only kick in after 7:00 p.m. Before 7:00 p.m. you're not allowed to have tables and chairs at the curb-side. That's also only if you have a parking lane near the curb-side. So if you don't have a parking lane at 30 05/28/03 - LICENCES AND INSPECTIONS - BILL 030254 the curb-side, then you wouldn't be allowed to have a sidewalk cafe at all at curb-side. The curb-side, the distance from the curb, has to be a foot and a half from the curb. So we've taken into account some of the concerns of the public and the community. We studied a lot of those concerns and we tried to incorporate as much as we could in the recommendations that we submitted that were put into the proposed Ordinance.
I need to understand. After 7 o'clock, if there's a parking lane, you'll be able to put out a table at curb-side. Are you suggesting that the back set has to be a foot and a half from the curb line?
That's correct. Only movable tables and/or chairs shall be permitted and must be at least 1/2 feet from the curb line.
Just a couple questions here. Many areas that have parking also have parking meters, right?
Some areas, yes, that's 31 05/28/03 - LICENCES AND INSPECTIONS - BILL 030254 correct.
The Parking Authority needs to squeeze in between that foot and a half to issue a parking ticket?
Well, also, that's considered an obstruction. And there's certain other requirements where you have to be a certain distance from obstructions. So in essence, in that area you may not be able to place your sidewalk cafe at the curb in that area. But in other areas where you don't have that impediment, there may not be a problem there. It depends on a site evaluation by the Streets Department to determine whether or not it's permissible, including with other issues, obstructions, appurtenances, anything else that might be there. You have to do a complete site evaluation to determine whether or not it's permitted for the sidewalk cafe to be there.
But, Mr. Haigler, that's why it's an Ordinance. Because either it's okay to put a table there or it's not. Now, you put that other human factor in it where it's going to be the Streets Department's call whether the table should be there or should not be there. My question 32 05/28/03 - LICENCES AND INSPECTIONS - BILL 030254 is -- part two of the question -- you have a foot and a half between the table and the curb; is that correct?
So you park your car there, and a passenger wants to get out of the vehicle. The passenger gets out and all of sudden joins someone for cocktails or dinner right at their table?
Councilman, if I can respond to that issue. And we probably do have the human factor into the ultimate outcome of this particular aspect of the Bill. In conversations with some of the operators, there were some concerns that we could potentially limit their ability to make a living, frankly speaking. And some individuals did not want to have curb-side seating at all. And we took into account the need for people to have a viable business. And what we tried to do is look at time 33 05/28/03 - LICENCES AND INSPECTIONS - BILL 030254 frames that the pedestrian traffic wasn't the heaviest. And we thought that after 7:00, particularly in certain areas of Center City, where the workday pedestrian traffic is pretty much dwindled. So we reached somewhat of a compromise to accommodate the restaurateur because we do want to have viable restaurants. So we thought that having them have the ability to have curb-sides after 7:00 was the appropriate compromise on that issue. With respect to those curb-side tables impacting the ability of the Parking Authority or any other access to any -- be it a newsstand or a utility-related impediment on the sidewalk, I'm sure that we can craft something that can address that. But the reality is that we did want to reach some sort of a compromise to allow them to have an opportunity to have cafes curb-side, but have enough of an easement from the curb that we didn't think that people would create a safety hazard.
Fair enough. I didn't realize it was an accomodation. So it's an accommodation --
We were trying to work with people on that. 34 05/28/03 - LICENCES AND INSPECTIONS - BILL 030254
I just wanted to say that the City is where we all live and work. We all become pedestrians at various times and places. And problem-solving is a common thing that, if we all communicate, will happen. So I just wanted to add my information to the information available on this Bill and others, just to say please be aware of this. This does impede on people's ease of mobility. Some things are hard enough. The world is not made for me specifically, but a little adjustment would be helpful. Thank you.
Thank you very much. People to testify, please come up.
Mr. Chair, as the lady's approaching, may I ask Mr. Haigler another question?
Mr. Haigler, I don't want to beat a dead horse, but I want to ask you a question by way of example. 35 05/28/03 - LICENCES AND INSPECTIONS - BILL 030254 If I have a restaurant that wishes to either continue to operate a sidewalk cafe or would like to begin to operate a sidewalk cafe, and the distance of the sidewalk with the sidewalk cafe would be less than the five feet required in the Ordinance, what can I, as a District Councilperson, what can I do to assist that person? Would I have to come back and do a separate Ordinance for that property?
I believe so. You probably would have to put in a special encroachment Ordinance just for that location.
I'm not suggesting I would approve something that gives you two feet of space, but if you're within a couple of inches.
My name is Lenora Berson, and I'm the Legislative Chair of the Center City Residents Association Legislative Committee. I'm 36 05/28/03 - LICENCES AND INSPECTIONS - BILL 030254 here to testify in favor of the City Council Bill 3 030254, which relates to sidewalk cafes. But I would like before I read my testimony -- and I have copies of it -- to join the colloquy. We are utterly opposed to making Swiss cheese of this new law, and we oppose any encroachments, or we're going to come back to Council when I hope you pass this, and say, don't pass that special Bill. Don't take up our sidewalks. Now, I wanted to get that in first. The Center City Residents Association has interest in this Bill. Their existence and success add immeasurably to the quality of life in our neighborhood. But their unregulated sprawl can and has created great difficulty for pedestrians in general, and for those who are blind and for those who need walkers or canes or those pushing strollers. There is a fine line between sidewalk cafes as an asset or as a debit to Center City. We believe that this Bill, sponsored by Councilman Clarke, if it stands as written, walks that fine line. Bill No. 030254 more clearly defines the 37 05/28/03 - LICENCES AND INSPECTIONS - BILL 030254 meaning of sidewalk space than the present unenforced law. Although it allows somewhat less sidewalk space for pedestrians, in its favor is the proposed legislation allows the erection of collapsible or removable handrails to maintain the required public space, which should ease problems for both proprietors and pedestrians. In addition, the Bill happily restricts curb-side tables to evening hours, and then on curbs as has been described where the parking lane is. However, we were the people that raised the question because the legislation was written that kept sacred that five feet. There was no way for the employees to get into that five feet at night. So they either had to fly or change the law. That's why we brought that up. This Bill, unlike the Bill it will supersede, will provide that applicants for sidewalk cafes post notices for 10 days before a license is issued. I don't have that quite right in my written testimony, but I know better now. It will make it easier for neighbors and neighborhoods and community organizations to oppose issuance of cafes, new cafes. It is our hope that the L&I will be 38 05/28/03 - LICENCES AND INSPECTIONS - BILL 030254 proactive in making sure that these postings go up. Because we have people walk down the street and look for them. Unfortunately, the Bill does nothing to ease the burden of enforcement on citizens who wish to complain about legislative violations; in particular, encroachments by cafes on designated public space. It remains the same, is my understanding, as in the current unenforced law. Again, we see the best remedy is to be proactive, action by the Department of Licenses and Inspection, and I guess by the Department of Streets. Therefore, we are pleased with the provision for an L&I inspector to oversee sidewalk cafe regulations. We are in favor and in support of the Bill. But I warn you, we will come to Council to see that Council exercises its oversight and its enforcement and to stop grandfathering, brother-in-lawing and other such exceptions. Thank you.
Thank you, ma'am. Great testimony. Any questions from the Committee of this witness? 39 05/28/03 - LICENCES AND INSPECTIONS - BILL 030254 Any for Mr. Haigler? Anyone else want to testify?
I have a question for Ms. Berson. Thank you for your testimony, and I know the hard work that you put into it. I think prior to Councilman Clarke getting elected to office, we engaged in some of this conversation way back when I did the first sidewalk Bill. What is your position, what is Center City Residents Association's position on the issue concerning sidewalk furniture in general, particularly vending and honor boxes?
Well, I think we look at it case by case. Our predilection is to keep it as minimal as possible. I know we've been interested in -- I'm not the expert on it -- we've been interested in trying to herd together some of those corrals. We certainly are interested in what sidewalk furniture looks like. You know, we do care about it. I'm not the right person to testify because I don't have anything to testify about. But we care about it. We think it makes an enormous difference when the sidewalk furniture is controlled and when it's attractive. 40 05/28/03 - LICENCES AND INSPECTIONS - BILL 030254
Because I may be looking to work with my colleague, Councilman Clarke, and Council President Verna to revisit that whole issue of vendors and other sidewalk or sidewalk furniture issues that we have to deal with. Because although I have some reservations about this because it will affect some existing businesses, I think I generally agree with the intent of the legislation, that we've got to figure a way in which we can both live, in a way in which we can both accommodate the needs of the pedestrians and the business community, because they do go hand in hand. But I do have a real serious problem that we are not able to limit or regulate to the degree in which vendors are setting up on our sidewalks as we are with this legislation for restaurant businesses. I think we need to go another step. As I said earlier in my testimony, I got pretty much criticized -- and that's okay, because they pay us a lot of money to be criticized, they tell us. There was a suggestion that I was trying to eliminate vendors throughout the City, which was not accurate. I just can't understand how we can allow a vendor of any type to occupy the 41 05/28/03 - LICENCES AND INSPECTIONS - BILL 030254 majority of the sidewalk and limit the space to -- even under five feet. I did a couple of Bills, and one Bill 5 would have required any vendor to get permission of the owner of the property before L&I could issue a license to that vendor. That was the Bill that became the unconstitutional Bill, that William Penn didn't mean it to be that way and all that other stuff. Mr. Haigler is laughing. The attorney who represents the Vendors' Association just thought that that was my way of eliminating them, and it wasn't. No one has the right to decide to drop something on your sidewalk, I don't think.
I remember when that came up. I wasn't head of the Legislative Committee then. We are interested in that issue, and I think that you could come to us, and we would certainly have people that are very expert that would be very happy to work with you. It is a very vexed question. It does affect us in Center City. I can't say where we'd come down on it. But we'd like to be part of the process of legislation on it.
Thank you very much. 42 05/28/03 - LICENCES AND INSPECTIONS - BILL 030254
Thank you, ma'am. Thank you, Councilman. Any other people to testify on this?
I just have one minor amendment, if I can offer it now, if that's okay. I talked to the Councilman about this previously, if that's okay. Or do you want me to hold off until the public meeting?
Wait until the public meeting. This concludes the public hearing. - - - 43 COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC MEETING COMMITTEE ON LICENSES AND INSPECTIONS - - - May 28, 2003 - - - Public Meeting conducted by the Committee on Licenses and Inspections, held in Room 9 696, City Hall, Philadelphia, Pennsylvania, on the above date, to consider action on the following: BILLS 030243, 030254. - - - PRESENT: COUNCILMAN RICHARD MARIANO, Chair COUNCILMAN DARRELL CLARKE COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN MICHAEL A. NUTTER COUNCILMAN FRANK RIZZO COUNCILMAN FRANK DICICCO - - - 44 05/28/03 - LICENSES & INSPECTIONS - PUBLIC MEETING
We're going to go right into the public meeting of the Committee on Licenses and Inspections. The Chair recognizes Councilman Clarke for a motion on Bill 030254.
Thank you, Mr. Chairman. I make a motion on the amendment to Bill 10 030254.
Mr. Haigler is going to read it. Go ahead, Mr. Haigler. Councilman Nutter. As much as I regret that, I know he has something to say.
Thank you, Mr. Chairman. I'll be brief. Mr. Chairman, my understanding is -- and I know that Councilman Clarke has been working with a number of other Members. I may have some general concerns about some of the provisions of the Bill 45 05/28/03 - LICENSES & INSPECTIONS - PUBLIC MEETING related to sidewalk cafes. I'm in full support of making sure that we have good regulations that work on sidewalk cafes. I have a couple of areas that are most interested in them. I just want to make sure that if I have any issues, I can figure out what they are, seek to have them addressed, and that Councilman Clarke is working with all of us to put together any additional amendments that may need to be made which we can offer at the hearing on the 5th. So with that, I look forward to working on this and to make sure that the sidewalk cafe folks can have their enjoyment, as well pedestrians can navigate the sidewalks without stilts. So thank you, Mr. Chairman.
Thank you, Councilman Nutter. And in the spirit of us all getting along, I wholeheartedly agree with you. And I am happy to hear that you are taking the head coaching job with the Philadelphia 76ers. It's a rumor I just heard.
Councilman, I would hope that you would allow me a tryout since you have 46 05/28/03 - LICENSES & INSPECTIONS - PUBLIC MEETING that lofty position, because I think I still have at least points in me. 4
Tryouts will be held 5 next week at the Pennsylvania Convention Center. 6
Yes, I think I can do 9 that. 10 It's on , right before number 7. 11 It would be Subsection .4, "The minimum clear 12 sidewalk space required pursuant to this subsection 13 must be maintained at all times." And this is to 14 incorporate for employees that would have to wait at 15 the tables at the curb-side after 7:00 p.m. So 16 except for employees -- 17
Mr. Haigler, I'm 18 sorry. You're in sub 6, aren't you? 19
Top of , where we have, "The minimum clear sidewalk space required pursuant to this subsection must be maintained at all times." We remove the period and -- I'll wait 47 05/28/03 - LICENSES & INSPECTIONS - PUBLIC MEETING for Mr. Allan to give me my copy. I'd probably be better off reading it from my copy. You remove the period and insert a comma, and to also include the wording, "except employees of the licensee, are permitted to serve tables at the curb-line of cafe in compliance with other provisions of this subsection."
Mr. Chairman, I'd like to make a motion on the amendment to Bill 14 030254. (Duly seconded.)
The amendment has been read, moved and seconded. All those in favor of the amendment? (Aye.)
The ayes have it. The amendment passes. Do you want to read the Bill?
Thank you, Mr. 48 05/28/03 - LICENSES & INSPECTIONS - PUBLIC MEETING Chairman. I make a motion that Bill No. 030254 be reported out of Committee with a favorable recommendation. For the record, I'd just like to state that there are a couple of issues that were brought up today, that hopefully we will resolve before the second reading. In the event that there needs to be any additional amendments, that will give us time. Suspension of the rules.
The Bill as amended with a suspension of the rules has been seconded. All those in favor say aye. (Aye.)
The ayes have it. And the Bill passes as amended out of the Committee. This concludes the public meeting of the Committee on Licenses and Inspections. Thank you very much. (Council adjourned at 2:30 p.m.) 49 C E R T I F I C A T I O N I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of May 28, 2003, were reported fully and accurately by me, and that this is a correct transcript of the same. RE: COMMITTEE ON LICENCES AND INSPECTIONS ___________________________ Lisa C. Bradley, RPR and Notary Public - - -