[Adopted 9-26-1979 as Ch. 25 of the 1979 Code]
[Amended 7-18-2013 by Ord. No. 33-2013]
As used in this article, the following terms
shall have the meanings indicated:
A mobile kitchen that is set up on the street to facilitate
the sale and marketing of street food to people from the local pedestrian
traffic. Food carts are often found in large cities throughout the
world and can be found selling food of just about any variety.
Food carts come in two basic styles. One allows the vendor to
sit or stand inside and serve food through a window. Another uses
all of the room inside the cart for storage and to house the cooking
machinery, usually some type of grilling surface. The cart style is
determined principally by the type of food served at the cart.
Food carts are different from food trucks because they do not
travel under their own power. Some food carts are towed by another
vehicle, while some alternatively are pushed by a human.
Health license certification is to be displayed at all times
and made visible to the public/customer view.
A food truck or mobile kitchen is a mobile venue that is self
contained, and owners/employees work from inside, sell food, and all
food trucks are driven from location to location. Some, including
ice cream trucks, sell mostly frozen or prepackaged food; others are
more like restaurants on wheels. Some may cater to specific meals,
such as the breakfast truck, lunch truck or lunch wagon, and snack
truck, break truck or taco truck. Food trucks have propane tanks which
are to be securely contained on the truck; generators are not to come
off the truck and be placed on City streets or sidewalks. Trash is
to be picked up after each time the truck is, set to sell food. Grease
is not to be discarded into City sewer grates.
Health license certification is to be displayed at all times
and made visible to the public/customer view.
Any person, whether a resident of this City or not, traveling
from house to house, or from street to street, for the purpose of
selling or soliciting for sale, goods, wares, merchandise of services.
The word "peddler" shall include the term "solicitor."
The Director of the Department of Public Safety
shall at all times have and keep posted, at his office and at the
Bureau of Police, a copy of this article. It shall be the duty of
every police officer to enforce the provisions of this article and
to require that all persons comply therewith in detail. However, nothing
in this section shall prevent any common informer from prosecuting
all violators of this article.
Nothing in this chapter shall apply to or prohibit
the peddling or vending of wild fruits, berries or nuts by any person
who shall have himself picked or gathered such fruits, berries or
nuts for the purpose of peddling or vending the same. Neither shall
this article be construed to include farmers who vend or peddle their
own produce.
The provisions of this article shall not apply
to solicitations, sales or distributions made by charitable, educational
or religious organizations which have their principal place of activity
in the City.
Any peddler who enters upon premises owned,
leased or rented by another and refuses to leave such premises after
having been notified by the owner or occupant of such premises, or
his agent, to leave the same and not return to such premises shall
be deemed guilty of a misdemeanor.
It shall be unlawful for any peddler to enter
upon any private premises when the same are posted with a sign stating
"No Peddlers Allowed" or "No Solicitations Allowed" or other words
to such effect.
It shall be unlawful for any peddler to make
false or fraudulent statements concerning the quality or nature of
his goods, wares, merchandise or services for the purpose of inducing
another to purchase the same.
[Amended 7-18-2013 by Ord. No. 33-2013]
A.
It shall be unlawful for any peddler to engage in the business of
peddling within the City between the hours of 1/2 hour before sunset
and 8:00 a.m. the following morning, or at any time on Sundays, except
by specific appointment with or invitation from the prospective customer.
B.
Vendors may operate from 6:00 a.m. to 8:00 p.m. daily, except in
Center City (Lackawanna Avenue, Franklin Avenue, Mulberry Street and
Jefferson Avenue) where they can operate at any time, subject to the
provisions that a food cart or food truck is staffed, is open for
business, is selling food and drink and is in compliance with all
parking ordinances of the City of Scranton. Under no circumstances
may a vendor leave the food cart or food truck unattended on the street
or sidewalks at anytime. The vendor must vacate the parking spot at
the conclusion of business each day or evening.
A.
No person, even though licensed according to the provisions of this
article, shall locate or stand and transact his business within 100
feet of any restaurant or eating establishment conducting its business.
B.
No vendor, even though licensed according to the provisions of this
article, shall locate or stand and transact his business 100 feet
of any restaurant or eating establishment conducting its business.
Every person engaged in, or about to engage
in, the calling, vocation or business of peddling shall procure a
license for that purpose from the Department of Public Safety.
All licenses issued in pursuance of this article
shall be expressed in writing, printing, or both, as shall be most
convenient to the Department of Public Safety. Such licenses shall
be signed by the Director of the Department and shall show for what
purpose the same are issued, the particular kinds of business that
are permitted to be done thereunder and the particular period for
which they are issued. There shall be kept, under the Direction of
the Director, a book or books, in which shall be kept a record of
all the licenses issued in pursuance of this article and which shall
show in substance all things contained in such licenses, all of which
shall be numbered consecutively according to the order in which they
shall be issued.
All annual licenses issued in pursuance of this article shall
by their terms be limited to expire on March 1 next succeeding the
day of their issuance, and all annual license fees provided for and
created under this article shall be due and payable on March 1 of
each and every year. All temporary and single-event licenses shall
be due no less than 30 days' prior to the date of the event or first
event, as the case may be, for which the permit is being sought. Without
regard to the time when they shall be issued, a full license fee shall
be paid to the Department of Community Development for each license
issued, and the Department shall not issue any license until the amount
of money, which shall be equal to a full license fee therefor, shall
have been paid to the Department.
[1]
Editor's Note: This ordinance provided an effective date of
1-1-2023.
[Amended by Ord. Nos. 6-1987; 178-1992; 7-18-2013 by Ord. No.
33-2013]
A.
For any annual license, for a period of one year, or for any fractional
part of the year that will elapse after the issuance of such license
preceding the first Monday of April then next, to peddle or vend as
aforesaid, from or by means of any bag, basket, crate or otherwise
howsoever, by any manner of peddling on foot, the rate shall be the
rate of $20. Additionally, for a temporary license which would limit
the peddling/vending to five special events per year, the rate shall
be the rate of $15. For a single event license which would limit the
peddling/vending to one special event per year, the rate shall be
$10.
[1]
Editor's Note: This ordinance provided an effective date of
1-1-2023.
B.
No person, operator or owner, even though licensed pursuant to Chapter 340 of the Code of the City of Scranton, shall locate or stand and transact his business within 100 feet of a restaurant's service area and entranceway for public ingress and egress. The service area includes outdoor dining that has been approved by the City.
C.
The one-hundred-foot prohibition does not apply to vendors who are
operating on privately owned premises, provided that the vendors have
written permission to conduct business on the private property from
the record-title owner of the premises.
D.
The one-hundred-foot prohibition does not apply to establishments
who sell pre-packaged food and beverages.
Every person who shall peddle after having procured
a license as provided in this article, shall at all times, when engaged
in or following the business of peddling, have and keep with him on
his person the license issued to him. It shall be his duty at all
such times when so engaged, on the request of any police officer of
the City, to produce and exhibit such license to that officer for
examination.
A.
The Department of Public Safety, with the issuance of every license provided for in § 340-13A, shall furnish to the licensee a tin sign numbered to correspond with the number of the license. In addition to this number, the sign shall also indicate by impression the two years for parts of which the license is issued. This information shall be impressed on the sign in the following form: "Scranton City Wagon Peddler's License, No. ____Years 19__ and 19__." It shall be the duty of every such licensee, at all times, on his cart, wagon or vehicle, to permanently exhibit and publicly display in plain sight such sign.
B.
The Department of Public Safety, with the issuance of every license provided for in § 340-13B, shall furnish to the licensee a tin sign, badge or button, at least two inches in diameter, on which shall be impressed the number of the license, together with the years for parts of which the license is granted, in the following form: "Scranton City Peddler's License, No. ____Years 19__ and 19__." It shall be the duty of every such licensee, at all times, when following or engaged in the business or occupation for which such license is granted, to wear on his clothing and publicly exhibit and display the sign, badge or button.
C.
The Department of Public Safety, with the issuance of every license provided for in § 340-10, shall furnish to the licensee a tin sign, on which shall be impressed the number of the license, together with the years for parts of which the license is granted, in the following form: "Scranton City Stand License, No. ____Years 19__ and 19__." It shall be the duty of every such licensee, at all times, in front of his stand, to permanently exhibit and publicly display in plain sight such sign.
If any duly licensed person under this article
shall lose or suffer the destruction of his badge, sign or button,
in every such case, on reasonable proof of the loss or destruction,
the Department of Public Safety shall renew and furnish to the person
so having suffered such loss or destruction, a new sign, badge or
button, as the case may be, in general similitude of the original
sign, badge or button, for which the Department shall charge, and
all such licensed persons shall pay a price not exceeding the actual
cost of renewing or replacing such sign, badge or button.
No person shall loan his sign, badge or button
to any other person to be used by that other person while peddling
or vending any kind of merchandise whatever in the City. Whoever violates
this section shall, upon conviction, in addition to the penalties
prescribed by this article, for every violation thereof, suffer a
forfeiture of his license, so that if he shall thereafter peddle or
vend any kind of merchandise whatever without first having procured
a new license, according to the provisions of this article, he shall
be guilty of a further violation of this article.
All moneys collected by the Director of the
Department of Public Safety, from licenses issued under this article,
shall by him be turned over to the City Treasurer, as provided by
law, except that the Director is hereby authorized and directed to
withhold from such moneys such an amount as shall be necessary to
furnish and provide the signs, badges or buttons required by the provisions
of this article.
