City of Harrisburg, PA
Dauphin County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Harrisburg by Ord. No. 38-1994. Amendments noted where applicable.]
CROSS-REFERENCES
Frozen Dessert Law: see 31 P.S. § 417-1 et seq., 7 Pa. Code Ch. 39.
License fees for street vendors: see Ch. 5-305.

§ 6-505.1 Definitions.

[Amended 7-7-2015 by Ord. No. 8-2015]
The following words and phrases, when used in this chapter, shall have the meanings ascribed to them in this chapter, unless the context clearly indicates a different meaning:
APPLICANT
Any person or business who applies for a license/license renewal under the provisions of this chapter.
FOOD PRODUCTS
Sandwiches, ice cream, soft drinks, candy, and all other articles of food or drink intended or prepared by the vendors thereof for human consumption.
LICENSE
An approval from the Office of Tax and Enforcement and/or Health Officer that enables the holder to conduct business within the City of Harrisburg.
LICENSE AND TAX APPEALS BOARD
Established and authorized to carry out the powers set forth in this chapter and Chapter 5-101 of the Harrisburg City Code.
LICENSEE
The holder of a license permitting business to be conducted within the City of Harrisburg.
MOBILE FOOD UNIT
Any motorized or nonmotorized vehicle, including but not limited to carts, stands, kiosks, any other device designed to be portable and not permanently attached to the ground and ancillary equipment from which food products, as hereinafter defined, are sold or intended to be sold by a mobile food vendor.
MOBILE FOOD VENDOR
A person who sells, intends to sell, or offers to sell food products, as hereinafter defined, in or about the streets of the City from a mobile food unit.
NONFOOD PRODUCTS
Balloons, novelty items, jewelry, clothing, books, or other tangible items not intended for human consumption.
OPERATING HOURS
The designated time frame a mobile food unit is authorized for all of the functions involved in selling or intending to sell food within the City right-of-way.
PEDESTRIAN
A person who is walking or otherwise traveling in the public right-of-way.
PERSON
Any natural individual, firm, partnership, association, or corporation.
SERVICES
Tarot card readings, horoscopes, palm readings, spiritual guidance advice or other nontangible services.

§ 6-505.2 Licenses required.

[Amended 4-9-2013 by Ord. No. 3-2013; 7-7-2015 by Ord. No. 8-2015]
A. 
No person shall commence operation of a mobile food unit until all required licenses have been issued by the Health Officer, the Tax Enforcement Administrator, or other designated City official.
B. 
All licenses shall be prominently displayed at all times during operation.
C. 
Any mobile food vendor operating without the required license(s) and permit(s) shall be deemed in violation of this chapter, and the mobile food vendor shall be subject to penalties and fines as provided within this chapter and otherwise provided by law.

§ 6-505.3 Mobile food vendor license.

[Amended 7-7-2015 by Ord. No. 8-2015]
A. 
A mobile food vendor must have a mobile food vendor license to operate a mobile food unit in the City of Harrisburg.
B. 
Mobile food vendor licenses shall be subject to a license fee to be promulgated by regulation and subject to the approval of City Council as approved by general law, a portion of which, not to exceed $25, shall be reserved to assist the Downtown Improvement District, or any successor thereof, in defraying the costs of waste removal and other services.
C. 
The Health Officer shall be responsible for creating application forms and an application process to regulate the issuance of the mobile food vendor license, which shall be reviewed and approved by the Law Bureau prior to distribution.
D. 
In order to secure a mobile food vendor license, an authorized person must submit to the City of Harrisburg an application, any required fee(s), and all accompanying materials as provided by the Health Officer.
E. 
Applications issued under this chapter shall be subject to review and approval by the Health Officer, or any designee thereof, who shall have the authority to ensure and enforce compliance with any provision of this chapter, any amendments thereto, and applicable City regulations and guidelines.
F. 
The Health Officer shall be authorized to deny, revoke or suspend any license application for any mobile food unit found in noncompliance with the established requirements.
G. 
To ensure the due process of an aggrieved applicant, the appropriate hearing board(s) shall adopt rules and regulations as it deems necessary, which shall be reviewed and approved by the Law Bureau prior to implementation.

§ 6-505.4 Mobile food unit locations and restrictions.

[Amended 7-7-2015 by Ord. No. 8-2015]
A. 
No mobile food vendor shall hereafter sell or offer for sale any food or nonfood products and services in a manner that would substantially obstruct a public right-of-way, impair the movement of pedestrians or vehicles, or pose a hazard to public safety.
B. 
All street vendors shall position themselves at least 50 feet from another street vendor and shall locate the cart at the curb in such a way as to cause any line which forms to do so along the curb.
C. 
A mobile food vendor may not sell or offer for sale any products or services:
(1) 
Within 15 feet of an entrance to any property;
(2) 
Within 500 feet of an entrance to a public or private school;
(3) 
Within 15 feet of a fire hydrant;
(4) 
On any sidewalk having a width of less than 47 feet;
(5) 
From any vehicle or ancillary equipment not approved and inspected by the Health Officer or any designee thereof;
(6) 
On private property without written approval of the property owner responsible for the maintenance of the sidewalk and/or right-of-way area to be obstructed;
(7) 
One hundred feet from a brick-and-mortar restaurant or business with a valid health license issued by the City of Harrisburg.
D. 
No street vendor shall hereafter sell or offer for sale any products or services within 500 feet of the designated boundaries of any City-organized, -sponsored or -sanctioned event or activity to which vendor access is restricted or regulated, provided that this restriction shall not apply to a street vendor who receives a permit from the director of the department sponsoring the event to operate within the boundaries of any City-organized, -sponsored or -sanctioned event or activity, in addition to all other licenses required hereunder.
E. 
All sales by mobile food vendors shall cease to operate no later than 2:30 a.m. each day. Mobile food units shall be removed from public property no later than 2:45 a.m. each day.

§ 6-505.5 Park permit required. [1]

[Amended 6-8-2010 by Ord. No. 6-2010]
No street vendor shall sell or offer for sale any food products at City parks and recreational sites or upon City-owned real estate without possessing a valid park permit issued by the Department of Parks, Recreation and Enrichment.
[1]
Editor's Note: This section derives from Ord. No. 20-1988.

§ 6-505.6 Responsibility for litter.

[Amended 4-9-2013 by Ord. No. 3-2013]
Any street vendor hereafter selling or offering for sale food and nonfood products or services shall pick up and remove any and all papers, wrappers, bottles, or other refuse dropped by the customers thereof in the vicinity of the cart from which such food or nonfood items or services are sold. Additionally, a street vendor shall provide for all customers a container for the deposit of all refuse, which container shall be removed by the street vendor at the close of each vendor's business day. Under no circumstances shall a street vendor use a container or receptacle provided for the use of the general public.

§ 6-505.7 Cleanliness.

[Amended 4-9-2013 by Ord. No. 3-2013]
All equipment used by a street vendor shall at all times be kept and maintained in a clean and sanitary condition. All openings therein shall be completely protected by glass or screening which shall be kept closed except when a customer is being served. An adequate water tank with faucets shall be installed therein from which fresh hot and cold running water shall be provided for handwashing only. Each street vendor shall at all times keep his or her hands clean and otherwise be clean and neat in appearance.

§ 6-505.8 Product requirements.

No street vendor, except only as provided in §§ 6-505.9 and 6-505.10, shall hereafter sell or offer for sale any food products unless the same are made or prepared in a factory approved and licensed by the U.S. Department of Agriculture which furnishes its products in a sanitary wrapper or a sanitary bottle and unless, when sold, such food products are wrapped in the original factory wrapper or contained in the original bottle. With respect to all bottled drinks, the same shall be approved by the Health Officer, and all drinking straws furnished therewith shall be in an individual wrapper.

§ 6-505.9 (Reserved) [1]

[1]
Editor’s Note: Former § 6-505.9, Sale of hot dogs and pretzels, was repealed 7-7-2015 by Ord. No. 8-2015.

§ 6-505.10 (Reserved) [1]

[1]
Editor’s Note: Former § 6-505.10, Additional food products, as amended, was repealed 7-7-2015 by Ord. No. 8-2015.

§ 6-505.11 Approval of facilities.

[Amended 7-7-2015 by Ord. No. 8-2015]
A. 
Under this chapter, mobile food vendor licenses shall be issued based on the same standards that the City Health Officer or authorized designee would use to license temporary food facilities and the same standards of food regulations adopted by the State of Pennsylvania, which may be modified from time to time.
B. 
All installations, facilities and containers required under the provisions of this chapter or obtained by the mobile food vendor for purposes of operating a mobile food unit shall comply with the standards in the latest edition of the "National Sanitation Foundation Regulations for Food Carts," which may be modified from time to time.

§ 6-505.99 Enforcement and penalty.

[Amended 4-9-2013 by Ord. No. 3-2013; 7-7-2015 by Ord. No. 8-2015]
A. 
Authority is hereby conferred upon the Health Officer to promulgate rules and regulations with respect to the specific matters for which such authority is herein granted and to change and modify any and all such rules and regulations from time to time in the manner provided by law, subject to the approval of City Council, provided that such rules and regulations shall not be inconsistent with the provisions herein, local, state and federal law. A copy of such rules and regulations shall be filed with the City Clerk.
B. 
A person who violates any provision of this chapter or the rules and regulations promulgated under this chapter, or refuses, neglects or fails to comply with any notice given to such person by a duly authorized representative of the City in conformity with or pursuant to the provisions of this chapter or of such rules and regulations, or obstructs or interferes with any person in the execution of this chapter, shall be subject to penalties established by the Health Officer.
C. 
When it appears to the Health Officer that the operation of the mobile food unit poses an immediate and imminent threat to the public health and safety that will occur if the mobile food unit is not immediately closed, the Health Officer shall have the power to order the immediate closure of such establishment until such time that the violations complained of have been corrected or the Board of Health or other appropriate hearing board overrules the determination of the Health Officer.
D. 
Nothing set forth in this section may limit the pursuit of other appropriate actions or proceedings at law or in equity available to the City.
E. 
Fines and penalties shall be issued in accordance with the general penalty provisions of these Codified Ordinances.