[HISTORY: Adopted by the Borough Council of the Borough of Paxtang 1-15-1991 by Ord. No. 519 (Part 5, Ch. 8, of the 1994 Code of Ordinances). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- MOBILE FOOD VENDING
- The sale of food through a mobile vending unit.[Added 10-20-2020 by Ord. No. 675]
- MOBILE FOOD VENDOR
- A person 18 years of age or older who operates a mobile vending
unit under a license or special event permit issued by the Borough
of Paxtang.[Added 10-20-2020 by Ord. No. 675]
- MOBILE VENDING UNIT
- A mobile retail food establishment, such as a stand, cart,
vehicle, box, or similar structure, designed and used specifically
for the purposes of storing, preparing, processing, distributing,
or selling food.[Added 10-20-2020 by Ord. No. 675]
- To own, operate or be the manager of a retail food establishment, as defined in this section.
- Any individual, corporation, partnership or other business entity, either singular or plural.
- PRIVATE PROPERTY
- Any real property that is privately owned. Private property
shall not include any sidewalks, streets, alleys, or avenues, whether
public or private, that adjoin private property.[Added 10-20-2020 by Ord. No. 675]
- RETAIL FOOD ESTABLISHMENT
- Any place, whether temporary or permanent, stationary or mobile, where food or drink is packaged, stored, served, sold or offered for sale directly to the consumer.
- VENDING AREA
- Mobile food vending units are permitted to be operated when
located on private property where the owner(s) of the private property
signs the license application noting the owner’s consent to
the use of the private property for this purpose.[Added 10-20-2020 by Ord. No. 675]
[Amended 2-21-2006 by Ord. No. 601; 7-19-2016 by Ord. No. 654; 10-20-2020 by Ord. No. 675]
It shall be unlawful for any person to operate a retail food establishment within the Borough without first obtaining a license or a special event permit pursuant to §224-7 below. And prior to the issuance of a license to a retail food establishment, the Health Officer shall inspect the premises, facilities and equipment of such retail food establishment, which inspection shall reveal that the establishment has been found to conform to the laws of the Commonwealth of Pennsylvania and regulations of the Department of Health having to do with the regulation of food establishments. Application for a license or special event permit shall be made to the Borough Secretary and shall be accompanied by payment of all applicable license fees established by resolution of Borough Council and published in the Borough's Schedule of Fees. The license shall be granted for a period of one year.
The following, among other information, shall be provided with each application for a license for mobile food vending:
Name, age, address, cell phone number, and home phone number of the vending unit operator.
Make, model, and food vending unit type.
Vending unit owner’s name, address, cell phone number, and home phone number.
Copy of the current license from the Pennsylvania Department of Agriculture (“license”), and applicable proof of inspection.
Proof of valid insurance policy that provides minimum liability coverage of $1,000,000 with the Borough of Paxtang named as an additional insured.
Confirmation that the mobile vending unit is equipped with necessary fire extinguishers and equipment, and that vending unit operators are trained in the proper use of fire extinguishers and fire-extinguishing systems.
Confirmation from the vending unit owner or operator acknowledging that he or she understands and will be bound by the requirements and restrictions in this chapter.
Signature of the owner of the private property who is consenting to the use of the private property by the mobile vending unit. By signing the license application, the private property owner is consenting to the entrance onto the property vending area by the Borough staff, Borough police, or personnel of the Borough Fire Department during permitted hours of operation or thereafter if operation improperly continues after permitted hours. This entrance onto the private property is to allow the Borough staff, police, or fire officials to take such actions as noted in this chapter and/or that may be necessary to ensure compliance with the provisions of this chapter and law.
In addition to the inspection required for licensure, the Health Officer may enter any structure or premises at reasonable time for the purpose of inspecting any retail food establishment to ensure its compliance with the laws of the commonwealth and the regulations of the Pennsylvania Department of Health having to do with food establishments.
[Amended 2-21-2006 by Ord. No. 601]
The annual fee to be paid by any person operating a retail food establishment shall be as established by resolution of Borough Council and published in the Borough Schedule of Fees. This inspection fee shall be paid to the Borough prior to or at the time the license required by this chapter is issued.
Editor's Note: The current Schedule of Fees is on file in the Borough office and on the Borough's website.
[Amended 12-15-1992 by Ord. No. 535]
Any person who violates any provision of this chapter shall be guilty of an offense and shall, upon conviction, for every such violation, be sentenced to pay a fine of not more than $600 and costs of prosecution and, in default of payment of fine and costs, to undergo imprisonment for not more than 30 days, provided that each day on which any such violation continues shall be deemed a separate offense.
[Added 10-20-2020 by Ord. No. 675]
Operations of a mobile vending unit shall be within the vending areas approved in the license or special permit issued by the Borough of Paxtang.
All mobile vending units shall be located on private property at a location that does not impede or interfere with pedestrian use of the sidewalk or the operation of vehicles on private or public streets, alleys, or avenues. No vending unit shall block adequate sight distance for vehicles or pedestrians at intersections.
The specific location of the mobile vending unit in a vending area may be subject to change at the discretion of Paxtang Borough staff or a Borough police officer when deemed appropriate.
Food service may only be provided to walk-up customers; no service may be provided to persons on motor vehicles or from the cartway of the street or bike lane.
The placement of tables, chairs, or similar furniture or other items not permanently attached to the vending unit is prohibited. Only trash receptacles provided by the food vendor are permitted to be present and unattached to the mobile vending unit.
Food vendors shall provide for adequate waste collection for customers. All trash, litter, debris, liquid waste, and grease must be collected, removed from the vending area, and properly disposed of by the food vendor or private property owner. Use of public trash receptacles, storm drains, tree pits, sidewalks, streets, or any other public facilities by the vendor for disposal of such refuse is prohibited.
Signs are prohibited except signs that are affixed to the vending unit.
Broadcasted music, announcements, and public address systems are prohibited.
The food vendor's license or special permit, if not displayed, shall be readily available for inspection by the Borough of Paxtang staff or a police officer at all times of operation upon request.
The sale of items from the mobile vending unit other than consumable food and/or drink is prohibited.
Food vendors must operate in a safe, sanitary, and nonoffensive manner, including not causing any annoying odors or noise.
All mobile vending units capable of cooking or heating food shall be equipped with a 2A10BC-rated fire extinguisher mounted in an accessible and conspicuous location where food is heated or cooked in addition to any other required fire extinguishers.
All mobile vending units equipped with a portable or integrated generator shall have a 3A40BC-rated fire extinguisher in addition to any other required fire extinguishers.
All mobile vending units required to have a hood suppression system shall be equipped with a Class K fire extinguisher in addition to any other required fire extinguishers.
All required fire extinguishers shall be serviced and inspected annually in accordance with the requirements of the latest edition of NFPA 10.
All mobile food vehicles that contain cooking equipment that is capable of creating grease-laden vapors shall be equipped with a Type 1 commercial hood in accordance with the requirements of the most recent edition of NFPA 96, including an approved hood suppression system. The hood suppression system shall be serviced and inspected every six months.
All appliances capable of producing grease-laden vapors shall be located completely under the kitchen exhaust hood with no portion of the appliance extending beyond the outer edge of the hood.
All cooking appliances shall be listed by Underwriters Laboratories of NSF International for mobile applications, for the appropriate fuel and be clearly marked with the appropriate certification sticker(s).
All deep fryers shall be equipped with a lid over the oil vat that can be secured to prevent spillage of cooking fat during transit. This lid shall be secured at all times the vehicle is in motion. All deep fryers shall also be equipped with an eight-inch-high steel baffle between the fryer and surface flames of any adjacent appliances.
No more than two 100-pound LPG/LNG tanks shall be permitted on any mobile vending unit. Generator and LPG/LNG storage compartments shall be located on the exterior of the vehicle and shall be vented to the exterior and shall not allow any venting to the interior of the vehicle. Storage of LPG/LNG cylinders inside of the vehicle is expressly forbidden. LPG/LNG cylinders shall be mounted so that safety release valves are directed away from the vehicle. When LPG/LNG cylinders and/or compartments are located on the rear of the vehicle, the bumper shall extend beyond the cylinders or compartment to provide added impact protection. Any hoses used to pipe LPG/LNG shall be UL- or FM-listed specifically for LPG service, and all couplings, fittings, and other devices shall meet the requirements for LPG/LNG service as outlined in the most current editions of the International Fuel Gas Code.
A conspicuous NO SMOKING sign shall be posted near any LPG/LNG cylinders and/or any other fire hazard on or inside of the vending unit.
No food vending unit may be operated within 10 feet of any building, structure, or other vehicle.
The requirements of this section are intended to supplement state law and Department of Health regulations. Should any conflict arise between the provisions of this section and any state law or Department of Health regulation, the most restrictive provision shall control.
[Added 10-20-2020 by Ord. No. 675]
No person may operate a mobile vending unit in a public park of the Borough or on a closed public street except with a special event permit issued by the Borough of Paxtang after approval by the Borough Manager or his or her designee. The operation of a mobile vending unit in a Borough park or on a closed public street must be in conjunction with a scheduled public event or other activity for which the sale of food through a mobile vending unit is an appropriate accompaniment.
Each application for a special event permit for operation of a mobile vendor unit in a Borough park shall include the specific location, date, time, and description of any event (if applicable) at which the operator of the mobile vending unit proposes to operate. Such application must be submitted at least 10 days prior to the date of the event or date of the time at which the mobile vending unit wishes to operate and must include the permit fee required along with a completed application.
The issuance of a special event permit for operation of a mobile vendor unit, the number of such permits, the number and types of mobile vending units, the location at which the mobile vending units may operate, and the length of time for which they may operate in a Borough park is within the discretion of the Borough Manager or his or her designee, subject to approval by Borough Council.
The issuance of a permit to operate a mobile vending unit in a Borough park is subject to the same requirements as those for mobile vending locations on private property, excepting an annual license, as well as the requirement that the mobile vending unit may not use water available to the public at the park for purposes of food preparation or cleaning.
[Added 10-20-2020 by Ord. No. 675]
The Borough Manager is authorized to deny, suspend, or revoke any license or special event permit issued under this chapter when he or she deems such denial, suspension, or revocation to be beneficial to the public health, safety or morals, for violation of any provision of this chapter, or for giving false information upon any application for a license or special event permit hereunder. Appeals from any denial, suspension, or revocation may be made to Council at any time within 10 days after suspension or revocation. No fee shall be refunded to any person whose license or special event permit has been denied, suspended, or revoked.