[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.
[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:
Any person or business who applies for a license/license
renewal under the provisions of this chapter.
Sandwiches, ice cream, soft drinks, candy, and all other
articles of food or drink intended or prepared by the vendors thereof
for human consumption.
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.
Established and authorized to carry out the powers set forth in this chapter and Chapter 5-101 of the Harrisburg City Code.
The holder of a license permitting business to be conducted
within the City of Harrisburg.
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.
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.
Balloons, novelty items, jewelry, clothing, books, or other
tangible items not intended for human consumption.
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.
A person who is walking or otherwise traveling in the public
right-of-way.
Any natural individual, firm, partnership, association, or
corporation.
Tarot card readings, horoscopes, palm readings, spiritual
guidance advice or other nontangible services.
[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.
[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.
[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.
[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.
[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.
[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.
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.
[1]
Editor’s Note: Former § 6-505.9, Sale of hot dogs
and pretzels, was repealed 7-7-2015 by Ord. No. 8-2015.
[1]
Editor’s Note: Former § 6-505.10, Additional food
products, as amended, was repealed 7-7-2015 by Ord. No. 8-2015.
[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.
[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.
