[Ord. 938, 2/28/2011, § 1.00]
Title. This Part shall be known as the "Street Vendor Ordinance."
Authority. The authority for this Part arises from the proprietary function of the Town of Bloomsburg to regulate the use of its rights-of-way.
Purpose. The purpose of this Part is to provide for the health, safety, and welfare of the citizens of the Town of Bloomsburg and permitted street vendors and their customers.
[Ord. 938, 2/28/2011, § 2.00]
As used in this Part, the following terms shall have the meanings indicated:
- PUBLIC RIGHT-OF-WAY
- That portion of a public street located in the area where street vending is permitted which is limited to a designated parking space of such public street.
- STREET VENDING
- The act of selling food by a street vendor.
- STREET VENDOR
- A person who sells food from a vending cart.
- VENDING CART
- A transportable, nonmotorized, self-contained conveyance from which food is prepared and sold within the public rights of way of the Town of Bloomsburg as defined herein. A vending cart shall not have walls or a floor and cannot be occupied.
[Ord. 938, 2/28/2011, § 3.00]
It shall be unlawful for any person to engage in street vending without a permit, which shall be prominently displayed on the vending cart.
A person who holds or has a street vending permit issued under this Part shall not have an interest as an owner, partner, or shareholder in any other street vending permit issued under this Part.
A permit issued under this Part shall not be transferable.
Permits shall be issued for two six-month periods each calendar year with the first permit covering the period from January 1 through June 30 of each calendar year and the second permit covering the period from July 1 through December 31 of each calendar year.
A permit fee, in an amount as determined from time to time by resolution of Town Council, shall be paid to the Town of Bloomsburg within five days of the issuance of the street vending permit. If such fee is not timely paid, the permit shall be void. Regardless as to when a street vendor commences business during any permitting period, the full permit fee for the applicable six-month period shall be paid, with the exception that the permit fee for the January 1 through June 30, 2011, period shall be prorated from the date of issuance of the permit to June 30, 2011.
Within five days of receipt of the street vending permit, the street vendor shall register with the Department of Revenue of the Commonwealth of Pennsylvania for taxing purposes and with the Town of Bloomsburg Local Tax Administrator with regard to the Town of Bloomsburg Business Privilege Tax.
Permits may be revoked by the Town of Bloomsburg Code Enforcement Officer, upon a recommendation of the Community Development Committee of the Town of Bloomsburg, for violations of this Part. A notice of revocation shall set forth the reasons for the revocation and shall be mailed to the street vendor at the address indicated on the permit application.
The street vendor may appeal the notice of revocation to Town Council on a form provided by the Town of Bloomsburg within 20 days of the date of mailing of the notice of revocation. The procedure for the appeal shall be as follows:
Town Council shall hold an informal hearing at the Town Council meeting next following receipt of the appeal to review the facts and render a decision.
If the notice of the revocation is upheld, the street vendor may request a formal hearing before Town Council, on a form provided by the Town of Bloomsburg, within 20 days of the Town Council meeting mentioned in the preceding paragraph under the provisions of the Local Agency Act, and a hearing thereunder shall be held upon payment of a fee in an amount as determined from time to time by resolution of Town Council.
[Ord. 938, 2/28/2011, § 4.00]
Application for a permit shall be submitted on a form made available by the Town of Bloomsburg.
A nonrefundable permit application fee shall accompany the application submission, in an amount as determined from time to time by resolution of the Town Council of the Town of Bloomsburg.
Applications for street vending permits shall be submitted in accordance with the following subparagraphs and permits shall be issued on a first-come first-served basis:
Persons who have engaged in street vending in 2010 shall be considered existing permit holders for purposes of this Part with regard to the January 1 through June 30, 2011, permitting period.
Applications for street vending permits for existing permit holders may be submitted from December 1 to December 15 of each year for permits covering the first half of a calendar year, and from June 1 to June 15 of each year for permits covering the second half of a calendar year.
Persons who do not hold street vending permits may submit applications for street vending permits from December 16 to December 31 of each year for permits covering the first half of a calendar year, and from June 16 to June 30 of each year for permits covering the second half of a calendar year.
If the number of applications submitted exceeds the number of permits available, applicants who will not be receiving a permit shall be notified in writing.
Notice of street vending permit availability shall be made by publication once in the Press Enterprise not more than 30 days nor less than 14 days before the date that the street vending permit applications must be submitted.
Applications shall be reviewed by the Town of Bloomsburg Code Enforcement Officer and, if all submission requirements are complete and the provisions of this Part are met, the application shall be considered by the Town Council of the Town of Bloomsburg.
[Ord. 938, 2/28/2011, § 5.00]
The number of street vending permits shall be limited to five at locations designated by the Town Council of the Town of Bloomsburg.
[Ord. 938, 2/28/2011, § 6.00]
Street vending shall be permitted only on the north and south sides of Main Street between East and West Streets, on the north and south sides of Market Square, and the parking lot located on the north side of Main Street at its intersection with East Street and Lightstreet Road between the hours of 9:30 p.m. and 3:00 a.m., seven days per week, and such time period shall include setup and cleanup time.
In the event that the location designated in the street vending permit is occupied by a vehicle during the period of time set forth above, the street vendor may occupy the first open parking space on either side of the permitted space. If the location designated in the permit is under repair, Town Council shall permit the use of an alternate location until repairs are completed.
In the event that a special function that is approved by the Town of Bloomsburg, which is scheduled and coordinated by an organization to be held on the streets where street vendors are permitted under this Part, shall conflict with the hours that street vendors are permitted to operate their businesses, the street vendors shall secure from the sponsor of the special function permission to utilize the designated space during the hours that the event is to take place. In addition, if an entrant fee is required for the special function, the street vendor shall pay the fee to the organization sponsoring the event.
[Ord. 938, 2/28/2011, § 7.00]
The issuance of a street vending permit under this Part shall not create a real estate interest in a permitted space as a leasehold or otherwise, and the holder of the street vending permit shall be a licensee.
[Ord. 938, 2/28/2011, § 8.00]
A vending cart shall be designed to be attractive and not offensive in any way.
A vending cart shall be easily maintained and kept in a sanitary condition.
A vending cart shall comply with statutes and regulations of the Commonwealth of Pennsylvania with regard to cooking, utensils, refrigeration, appliances, materials and food storage and other matters, and a permit issued by the Department of Agriculture shall be predominately displayed on the vending cart.
The street vending permit issued by the Town of Bloomsburg shall be predominately displayed on the vending cart.
A vending cart must have at least two wheels to permit movement to another location in case of an emergency.
A vending cart shall have a trash receptacle with a tight-fitting lid, and the street vendor shall be responsible for the disposal of trash generated by its business. Street vendors are responsible for proper disposal of the trash whenever the container becomes full or, at a minimum, at the conclusion of the day's operation, but not in receptacles provided for by the Town of Bloomsburg.
A vending cart shall have a hand-washing sink with hot and cold running water and a posted sign indicating that "employees must wash hands and comply with the regulations of the Department of Agriculture."
Food service must comply with the regulations of the Department of Agriculture, and the permit issued by the Department of Agriculture shall be prominently displayed on the vending cart and a copy shall be delivered to the Town of Bloomsburg Code Enforcement Office prior to the commencement of business.
Only single-service articles, plates, or utensils may be used and articles, plates, or utensils that require washing may not be used.
Only signs identifying the street vendor's name, business name and mailing address and a listing of the items available for sale are permitted on a vending cart.
Street vendors must obtain and maintain a Serve Safe Certificate from the Department of Agriculture within three months of obtaining a street vending permit, and the Serve Safe Certificate shall be prominently displayed on the vending cart, and a copy shall be delivered to the Town of Bloomsburg Code Enforcement Office within five days of receipt from the Department of Agriculture.
All vending carts shall be equipped with a serviceable fire extinguisher.
[Ord. 938, 2/28/2011, § 9.00]
A vending cart shall be placed in the center of the parking place where it is permitted to operate.
A vending cart shall be placed as close as possible to the curb when set up in the right-of-way.
Sales shall take place only on the sidewalks adjacent to the permitted spaces on Main Street and Market Square and in the approved parking lot referenced above and not in the tight-of-way.
[Ord. 938, 2/28/2011, § 10.00]
The following shall be prohibited:
Use of a sidewalk for product display, storage, or the disposal of trash.
Connection of utilities to neighboring properties.
Propulsion other than manual.
Tables, chairs, benches, stools or other items for customers to use during the consumption of food.
Fold-out shelves that extend into the sidewalk area that interfere with pedestrian traffic.
Gas cylinders that weigh more than 20 pounds.
Awnings and canopies; however, umbrellas are permitted so long as they do not interfere with pedestrian traffic.
Lighting that would cause objectionable glare.
Sound-amplifying devices to attract attention, verbally hawking or soliciting product sales, and the making of loud or raucous noises.
Sales to motorists.
Any act that interferes with the free and open movement of persons on a sidewalk and vehicles in the street right-of-way.
[Ord. 938, 2/28/2011, § 11.00]
Comprehensive Liability Insurance. Each street vendor shall maintain, and provide the Town of Bloomsburg with proof thereof, comprehensive liability insurance with a minimum policy limit of $500,000 per person and $1,000,000 per occurrence coverage for personal injury, and $50,000 coverage for property damage.
A copy of a street vendor's certificate of insurance shall be provided to the Town of Bloomsburg Code Enforcement Office at least five days prior to commencement of business.
Street vendors shall indemnify and hold harmless the Town of Bloomsburg, its agents, servants, workmen, employees, and Town Council members from any and all liability arising out of their engaging in street vending in the Town of Bloomsburg. Nothing herein shall be construed to waive, relinquish, or limit any defenses available to the Town of Bloomsburg under the governmental immunity laws of the Commonwealth of Pennsylvania.
[Ord. 938, 2/28/2011, § 13.00]
Any person who violates any provision of this Part shall be sentenced to pay a fine not in excess of $1,000 to the use of the Town of Bloomsburg, with costs of prosecution, or to be imprisoned for not more than 10 days, and each day of violation shall be considered a separate offense.