Also this issue: Baby Blues A daycare center’s closing leaves parents wondering what to do next. -Deborah Bolling Gale Warning Jannie For Prez? -Daryl Gale Eat At Home A group of advocates is urging Philadelphians to buy their food from local farmers who use humane, sustainable farm practices. -Jenn Carbin The Bell Curve City Paper's weekly gauge of Philly's Quality of Life

June 12-18, 2003

political notebook

The New Prohibition

by Mary F. Patel

An expansion of an existing prohibition against new bars, nightclubs and restaurants in Old City is expected to pass in City Council on June 12.

Currently, there is a law, initiated by First District Councilman Frank DiCicco, prohibiting any new nightclubs, restaurants or bars north of Market Street without a variance. DiCicco has introduced new legislation that creates an overlay expanding the limitations to the south side of Market Street.

The bill passed a Rules Committee hearing on June 3.

The area of Old City where the law previously applied went south from the middle of Wood Street to the rear of the buildings that are on the north side of Market Street (Lucy's Hat Shop was outside the boundaries), and from I-95 west to the middle of Fifth Street.

The old boundaries pushed most of the wild nightlife establishments to the south side of Market Street.

DiCicco's proposal will prohibit any bars or restaurants from opening unless the establishment receives approval from the Zoning Board of Adjustment, which weighs community support. Such support is unlikely.

Old City is oversaturated with watering holes; 72 of the restaurants, bars or nightclubs are found within a five-block area south of Market Street. The vast majority -- 67 -- have liquor licenses. In just the two square blocks between Front and Third streets, from Chestnut to Market, there are 56 establishments with liquor licenses. In total, there are more than 91 restaurants, bars and nightclubs within a 25-square-block area of Old City, with a residential occupancy of more than 4,000 people.

DiCicco said that he met last winter with concerned businesses, including restaurant owners in Old City, to hear their concerns. These business owners were worried about the restaurants that clear away the dining tables in the late hours and become nightclubs, attracting a clientele that is not respectful of the neighborhood. This late nightclub environment results in fights, drunken behavior on the street, vandalism, urinating on private property and other antisocial forms of behavior.

"I suggested a moratorium on any new bars and restaurants," said DiCicco. However, after discussion with other community groups, such as Old City Civic Association and Old City District, it was decided that an overlay of the existing laws would be appropriate.

"The area south of Market Street has created a tremendous strain on the residents and businesses in Old City and there is a critical need for some type of controls," said Rich Horrow, president of the Old City Civic Association. "We are fully in support of any legislation or efforts, such as the new zoning overlay, that assists the community in dealing with this issue," he said.

DiCicco said that if anyone in his office receives complaints from residents about existing establishments that are becoming nuisance bars, it will prompt an investigation that can result in the offender being shut down.

"Just like those clubs on Delaware Avenue," said DiCicco. Last year several clubs on Delaware Avenue were shut down by authorities for drunken behavior, shootings, drug use and other crimes.

"The city has the authority to shut down nuisance bars," said DiCicco.

Liquor licenses are controlled by the state but the city has the power to close bars.

In addition to bars and restaurants, the bill also prohibits any new dance halls, fortunetellers and card readers, cabarets, tattoo parlors, takeout restaurants or telemarketing businesses without a variance.

Café Society

Also up for a full Council vote on June 12 is the sidewalk café bill that has been brewing for several years now. The concerns began in Rittenhouse Square, in the Fifth Councilmanic District. Residents and civic groups complained that outdoor restaurant seating was making it difficult to walk down the sidewalks, particularly in the case of Rouge, whose tables lined both sides of the walk.

Fifth District Councilman Darrell Clarke said that after a task force studied the problem, a bill was drafted and it will be up for a vote.

The task force was under Mayor John Street's purview and consisted of members from the Department of Licenses and Inspections and the Streets Department.

If passed, the citywide bill would regulate the area covered by outdoor seating. If a sidewalk is narrower than 13 feet, the walkway for pedestrians must be at least 5 feet wide. If a sidewalk is wider than 13 feet, then the walkway must be no less than 10 feet. After 7 p.m., a restaurant may put additional tables curbside.

Clarke said that it's up to L&I to enforce the law.

DiCicco said that this new law does not apply to the First or Fourth Councilmanic districts.

"All those restaurants that are existing with outdoor cafés will be grandfathered in," said DiCicco. He added that he believes outdoor seating adds to the quality of life.

Attempts to reach owners of bars with outdoor seating were unsuccessful at press time.