[HISTORY: Adopted by the City Council of the City of Greensburg:
Art. I, 4-14-1980 by Ord. No. 1093; Art. II, 7-10-1989 by Ord. No. 1417; amended in its entirety 7-13-2020 by Ord. No. 2110.[1] Subsequent amendments noted where applicable.]
[1]
Editor's Note: This ordinance also amended the title of this
chapter, which was previously Retail Food Facilities, Licensure, Inspection
and Regulation of.
[Amended 5-8-2023 by Ord. No. 2148]
As used in this chapter, the following terms shall have the
meanings indicated:
Food products that shall include, but are not limited to,
all packaged or unpackaged, off-site prepared and on-site prepared
food.
A food market at which farmers or other agricultural producers
sell fruit and vegetables and often meat, cheese, and bakery products
directly to consumers. The primary purpose is vendors serving food,
but may include secondary vendors selling other items, such as home
goods, decorations, gifts and other similar materials.
A movable retail food facility, such as a stand, vehicle,
cart, basket, box or similar structure, from which edible goods are
stored, prepared, processed, distributed or sold. This definition
shall not include farm or agricultural products made available for
sale during a farmers' market. This definition shall not include
ice cream trucks, being a vehicle selling ice cream, frozen yogurt,
frozen custard, Italian ice or similar products so long as the vehicle
is not at any stationary location for a period of time in excess of
10 minutes.
The physical self-contained motorized unit selling items
designated as edible goods, or any other motor vehicle, or trailer
pulled thereby, or stand used by a mobile food vendor to sell edible
goods.
Any business that sells or relinquishes control of edible
foods to consumers and has been inspected and approved by the Pennsylvania
Department of Agriculture (or is required to be by state law), including
but not limited to restaurants, bars, clubs, food auctions, grocery
stores, convenience stores, beer distributors, schools, caterers,
commercial kitchens, commissaries, and similar public food facilities
where edible goods are sold or served directly to a consumer.
An activity conducted as a standalone event or as part of
a recurring series of events organized and operated by the same individual
or entity that in whole or in part is located on public property or
the right-of-way, for the purpose of entertainment, exhibition, parade,
fair, festival, or similar activity that is not a demonstration. This
term does not include casual park use by persons that is not reasonably
likely to attract a crowd of onlookers. Examples of a special event
would include a farmers' market, street market, or concert, which
include mobile food vendors. Recurring special events must be the
same or similar events over the course of the calendar year, and do
not include a series of events that are dissimilar, regardless if
they have the same organizer.
The position of the mobile food vendor when not in motion
and preparing for, engaged in or closing up and cleaning from, the
act of selling edible goods.
A.Â
All retail food facilities, whether being a permanent brick and mortar
location or a mobile food vendor, shall prior to operation register
their business with the Greensburg Planning and Development Department.
B.Â
Prior to application for either the retail food facilities business
registration or the mobile food vendor business registration, the
applicant shall first secure a valid and effective retail food facilities
license issued by the Pennsylvania Department of Agriculture, issued
pursuant to 7 Pa. Code, Chapter 46 (Food Code), the Rules and Regulations
of the Pennsylvania Department of Agriculture, the Retail Food Facility
Safety Act (3 Pa.C.S.A. §§ 5701 through 5714). Mobile
food vendors shall be authorized, in the alternative, to secure and
produce a valid and effective retail food facilities license as issued
by the Allegheny County Health Department, again issued pursuant to
the applicable state laws. In the event that an annual retail food
facilities license as issued by the Pennsylvania Department of Agriculture
or the Allegheny County Department of Health (for mobile food vendors)
is renewed or reissued during the registrant's registration time period
with the City of Greensburg, the registrant shall submit a copy of
the new retail food facilities license to the Greensburg Planning
and Development Department.
C.Â
Registration shall be accepted by the Planning and Development Department
upon receipt of a completed registration form and payment of the applicable
registration fee.
D.Â
Registration applications shall be filed at least five business days
prior to the facility's anticipated opening date.
E.Â
All annual registrations shall expire after one year. Mobile food vendor registration shall have additional durations as set forth in Greensburg Code § 127-4A.
F.Â
Retail food facilities and mobile food vendors with current annual
health licenses issued by the City of Greensburg will not be required
to register with the City pursuant herein until five days prior to
the expiration of their Greensburg-issued health license.
A.Â
Retail food facilities shall register annually and complete and submit
a registration form with the Planning and Development Department,
which shall include, at a minimum, the following information and documentation:
(1)Â
Name, address and telephone number of the registrant and the contact
person for the facility.
(2)Â
The name, telephone number, EIN number, and registered business address
for the business entity operating the facility.
(3)Â
Address of and on-site telephone number for the facility.
(4)Â
Proof of valid and current retail food facility license issued by
the Pennsylvania Department of Agriculture.
(5)Â
An acknowledgment that the business is subject to the City of Greensburg's
business privilege tax.
(6)Â
Proof of installation and the location of a Knox-Box®.
B.Â
Mobile food vendors shall complete a registration form with the Planning
and Development Department, which shall include, at a minimum, the
following information and documentation:
(1)Â
Name, address and telephone number of the registrant and the contact
person for the facility.
(2)Â
The location the food truck plans on operating. If the location is
on private property, the applicant shall provide the property owner's
name, telephone number and address as well as a copy of the landowner's
written consent for the use of their property by the applicant mobile
food vendor.
(3)Â
The name, telephone number, EIN number, and registered business address
for the business entity operating the mobile facility.
(4)Â
A description of the vehicle, including without limitation the make,
model, year, physical dimensions and colors of the vehicle.
(5)Â
Proof of a valid and current retail food facility license issued
by the Pennsylvania Department of Agriculture or in the alternative
the Allegheny County Department of Health.
(6)Â
Certification that the mobile facility has automobile and/or commercial
liability insurance, in excess of $250,000 per occurrence, if operating
in the right-of-way, public parking facilities or on other City of
Greensburg-owned property.
(7)Â
An acknowledgment that the business is subject to the City of Greensburg's
business privilege tax.
C.Â
Should any registration materials or information change, the registrant
shall notify the Planning Department within 15 days.
D.Â
Registration renewal shall only require the submission of a valid
and current retail food facility license as issued by the Department
of Agriculture or Allegheny County Department of Health, the updating
of any information that has changed, and the payment of the applicable
registration fee.
E.Â
The Director of the Planning Department is directed to prepare registration
and renewal forms pursuant to the requirements herein.
A.Â
Types of registrations.
[Amended 5-8-2023 by Ord.
No. 2148]
(1)Â
Individual registration: authorizes the registrant to operate in the City in compliance with this chapter and the City of Greensburg Code, for a period either for one day (within 24 hours) if a one-time registration, or for one year if an annual registration (calendar year). The registrant is authorized to operate upon the rights-of-way and parking facilities of the City of Greensburg, if in compliance with the requirements of this chapter and all parking and vehicle and traffic statutes, ordinances, rules and regulations of the City of Greensburg and State of Pennsylvania. Annual registrants may be located on private property, including private parking facilities, if in compliance with the provisions of this chapter and Chapter 265, entitled "Zoning."
(2)Â
Special event registration: authorizes the mobile food vendors to
operate during and as a part of a special event, which may be a single
event registration or a recurring special event registration (calendar
year). A special event shall be defined as a City-approved event operating
wholly or in part on public property or the right-of-way. The registrant
may only operate and sell edible goods during the time period of the
special event. Special event mobile food vendor registrations shall
be applied for by the organizer or operator of such event, who shall
be responsible for the applicable fee and for providing a copy of
all mobile food vendors' licensure with the Department of Agriculture
or Allegheny County Department of Health, as applicable and appropriate.
If a special event permit is obtained pursuant to the provisions herein,
the individual mobile food venders shall not be required to obtain
a mobile food vendor registration for their activities.
(3)Â
Registration herein only authorizes the applicant to utilize a mobile
food facility pursuant to the provisions herein. If the registrant
requires street closures or other public safety measures, it is the
responsibility of the registrant to coordinate the same with and receive
the approval of the City of Greensburg Police Department and/or Public
Works Department, as appropriate. Said agencies may decline the requests
of the registrant in the interests of public safety.
(4)Â
Registration fees shall be established by way of ordinance and contained within City of Greensburg Code Chapter 151. Registration fees shall increase based upon the length of the registration, to account for the number of potential inspections to ensure compliance with this chapter, pursuant to § 127-4M.
B.Â
Operating in rights-of-way and parking facilities. If a registrant
is operating in a right-of-way or a public City-owned or -operated
parking facility, the registrant must pay all applicable parking fees
for the spots occupied, may not occupy more than four parking spots,
may not block traffic, may not be parked so as to limit vehicle sight
lines, may not be located on sidewalks or otherwise impede pedestrian
travel or use of sidewalks, rights-of-way, parking facilities, crosswalks
and other similar facilities. If operating in a right-of-way, the
mobile food vendor facility must face the direction of travel of the
right-of-way, and the vending window must face the sidewalk at all
times. If the right-of-way is a one-way street, and it is necessary
to be opposite the direction of travel in a designated parking location,
so that the service window faces the sidewalk, the vendor must seek
the assistance of the Police Department, with 24 hours' advance notice
to the Department, to park in and then vacate the location.
C.Â
Private property. A mobile food vendor may only operate on private property, including a nonpublic and privately owned parking facility, if a retail food facility is otherwise permitted, pursuant to Chapter 265, on that property as of right and if consented to by the property owner in writing.
D.Â
Zoning. Unless operating under and pursuant to the SummerSounds Program,
an approved farmers' market or as part of an approved special event,
a mobile food vendor may only operate in the rights-of-way and parking
facilities in the C-2 Neighborhood Shopping District, C-2 Business
District, M Industrial District, S Special Institution District, R-T
Recreation - Tourist District, and Downtown District. An area of public
right-of-way shall be considered in one of the zone districts identified
herein if at least one of the properties adjacent to that area of
right-of-way is in one of those zone districts.
E.Â
Time of operation. Mobile food vendors may only operate, unless the
vendor is taking part of an approved SummerSounds, farmers' market
or special event, for a period of eight hours in a stationary location
and between the hours of 7:00 a.m. and 2:00 a.m., with the exception
of the Downtown District, wherein they may operate until 4:00 a.m.
The term "operate" includes the total period of time that a mobile
food vendor is in a stationary location, including the time necessary
to set up for sales and closing up after sales.
F.Â
Location. Mobile food vendors, whether in the rights-of-way, private
property, or private or public parking facilities, may not be located
within 100 feet of another mobile food vendor or the property boundary
of a retail food facility, unless the facility is not open to the
public (because the facility is a private club, is closed for any
reason, or it is outside of the facility's hours of operation), the
retail food facility has tendered a written and executed document
waiving the 100-foot requirement, or the mobile food vendor is part
of an approved SummerSounds, farmers' market or special event.
G.Â
The registrant, when operating in or near public rights-of-way or
property:
(1)Â
Must provide a trash receptacle and a recycling receptacle within
five feet of the mobile food vendor facility and shall be responsible
for proper disposal of solid and liquid waste.
(2)Â
Must remove trash from all areas within 20 feet of the sales location.
(3)Â
Must not drain wastewater, oil, and any other liquid onto City property,
public roadway or into the stormwater system.
(4)Â
Must have commercial liability and automobile insurance, as applicable,
with policy limits in excess of $250,000 per occurrence.
(5)Â
May not run extension cords from any structure or dwelling unit to
the mobile food vendor facility.
H.Â
Continuous music or repetitive sound shall not project from the mobile
food vendor facility while parked or stopped.
I.Â
Safety. The mobile food vendor must have on-site a fire extinguisher
with a 10 BC rating and a Class K fire extinguisher. Both must be
easily accessible to vendor staff.
J.Â
International Fire Code. The mobile food vendor facility shall be
in compliance with the International Fire Code as adopted from time
to time by the City and commonwealth.
K.Â
International Electric Code. The mobile food vendor facility must
have proper electrical power and improvements maintained and installed
as per the International Electric Code, as adopted from time to time
by the City and commonwealth.
L.Â
Registration confirmation under this chapter shall be placed at all
times in a conspicuous place where it can be read by the general public
on the mobile food vendor facility.
M.Â
Mobile food vendors shall consent to inspections by City personnel to ensure compliance with the requirements of this § 127-4.
N.Â
Offenses.
(1)Â
Registrants in violation of the provisions of this chapter shall
first receive a warning and shall immediately correct the violation
or cease operations at that time. If they have a second violation
within 30 days, the registrant may have their registration revoked,
based upon the severity of the violation. If the registration is revoked,
the registrant shall not be entitled to a refund. The registrant will
be entitled to apply for a new registration 30 days following the
date of the revocation. If another violation and revocation occurs
within 12 months of the initial violation, the registrant shall not
be authorized to reapply for any mobile food vendor registration for
a period of 12 months.
(2)Â
A person operating a mobile food vendor facility without an appropriately
issued registration under this chapter shall, upon summary conviction
before a Magistrate, be fined not less than $300 and not more than
$1,000 for any one offense, recoverable with costs and restitution,
or imprisonment of not more than 90 days, if the amount of such fines
and costs are not paid. Multiple violations of this chapter shall
each day be considered a separate offense.
(3)Â
Officers and officials of the City of Greensburg Police Department
and Planning and Development Department, and their designees, are
authorized to enforce the provisions of this chapter, and have the
authority to direct mobile food facility vendors operating in violation
of this chapter to correct their noncompliance and/or immediately
cease operations.
O.Â
Appeals. If a registration is denied or revoked, the registrant may,
within 10 days of denial or revocation, file a written appeal to the
Planning Director. Pending the appeal, the registration shall be suspended.
The appeal shall be denied if it is found that the registrant or their
registration application was in violation of this chapter, and shall
be granted if it is found that the registrant or the registration
application was not in violation of this chapter.
