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Committee to review cafe permit code, enforcement of 54‑inch pedestrian clearance and equity of platform allocation
Summary
Committee members discussed enforcement challenges for seasonal outdoor dining (cafe permits), including sidewalk clearance (54 inches), inconsistent enforcement, PennDOT authority on state roads, marking footprints, photo documentation, fines and equity concerns about which restaurants receive platforms.
The Smart Growth Committee spent an extended discussion on cafe permits, outdoor dining footprints and enforcement, with members focusing on pedestrian access, inconsistent on‑the‑street enforcement and perceived inequities in who receives platforms.
Bernie Flynn raised longstanding concerns that restaurants have “taken fair advantage of the borough by putting their platforms wherever the heck they wanna put them,” and emphasized that structures should not extend beyond their approved footprints.
Sally Reiner reviewed the current permit process: applicants submit through the portal, including a site plan showing the setup and occupancy, documentation of trash can locations, and proof of insurance or indemnification when alcohol is served. Reiner noted the ordinance requires a 54‑inch clear egress between the front door and the first seating area, verification of parking when applicable, and an on‑site inspection before permits are issued. “It also shows the occupancy. It also has to show the location of the outside garbage can, and a picture of the can. It has to reflect a 54 inch egress,” Reiner said.
Committee members and staff discussed enforcement limitations on weekends and after hours, the need for clearer ground markings so businesses know their permitted footprint, and the idea of requiring upfront photographs that would be stored electronically to compare during inspections. Parking enforcement staff noted that issuing tickets requires contemporaneous observation; a later photograph alone may not hold up in enforcement appeals. Staff said it is possible to consider overtime enforcement, increased fines, and clearer photographic documentation as part of a revised enforcement strategy.
John O'Brien, executive director of Downtown Westchester, noted platform costs and equity issues: “Building a platform is about $20,000 — at least it was, like, 2 or 3 years ago,” and he said the current practice has left some blocks dominated by the same restaurants. Committee members asked staff and solicitor to review code and policy so the borough can present clearer, more equitable rules before the next outdoor‑dining season.
The committee did not adopt a new enforcement program at the meeting but asked staff to return with recommendations and code edits to bring enforcement and the written policy into alignment.
