Amending Section 14-1607 of The Philadelphia Code, entitled "Special Controls for the Center City Commercial Area" by providing that nothing in that section shall prohibit the maintenance of, licensed sidewalk cafés along certain portions of Chestnut street and Walnut street and amending Section 9-208 of The Philadelphia Code entitled "Sidewalk Cafes", by requiring the main restaurant use more than twenty five percent (25%) of its interior gross floor area for seating and that all food served be on non-disposable containers.

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1. Section 14-1607 of The Philadelphia Code is hereby amended to read as follows:

§14-1607. Special Controls for the Center City Commercial Area.

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[(19)] (20) Sidewalk cafes. Nothing in this Section 14-607 shall prohibit or require a Zoning Board of Adjustment certificate for the maintenance of sidewalk cafés, if licensed in accordance with Section 9-208 of the Code, at any of the following locations:

(a) Chestnut street, from Broad street to Eighteenth street; and

(b) Walnuts street, from Broad street to Eighteenth street;

SECTION 2. Title 9 of The Philadelphia Code is amended to read as follows:

TITLE 9. REGULATION OF BUSINESSES, TRADES AND PROFESSIONS

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CHAPTER 9-200. COMMERCIAL ACTIVITIES ON STREETS

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§9-208. Sidewalk Cafes.

(1) Definitions:

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

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(5) Maintenance of Sidewalk Cafes.

(a) Licensee shall maintain the sidewalk cafe in accordance with all City, state and federal laws, as well as any rules and regulations which pertain to the use of the sidewalk cafe 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 cafes in the following locations shall be served on non-disposable containers, and no sidewalk cafe shall be maintained in the following locations unless such cafe 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.

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SECTION 3. This Ordinance shall take effect immediately.

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Explanation:

[Brackets] indicate matter deleted.

Italics indicate new matter added.