[Ord. 1999, 9/17/2012]
The following terms, as used in this ordinance, shall be defined
as follows:
The Borough of State College, a Home Rule Municipality, Centre
County, Pennsylvania.
The Borough Manager as appointed by the State College Borough
Council pursuant to Section 502.1 of the Home Rule Charter of the
Borough of State College.
The rules and regulations adopted by the Commonwealth of
Pennsylvania, State Regulation, Title 7, Chapter 46, "Food Code Regulation"
issued under the Retail Food Facility Safety Act of 2010[1] as now enacted and as may be revised from time to time.
A vehicle which is registered, inspected and carries proof
of financial responsibility (liability insurance) as required by the
Commonwealth of Pennsylvania, Motor Vehicle Code, Title 75.
Any person, firm, corporation, vendor or operator within
the Borough engaging in the peddling, selling or taking of orders,
either by sample or otherwise, of food items to be used or sold for
immediate human consumption, in serving size packages using a vehicle
either in a stationary position on private or public property or in
a moving position on public streets. This definition shall apply to
any vehicle peddler who dispenses food items to the public which are
pre-packaged, or are cooked, prepared and or assembled and served
from within the vehicle.
[1]
Editor's Note: See 3 Pa.C.S.A. § 5701 et seq.
[Ord. 1999, 9/17/2012]
Every person defined herein as a Vehicle Peddler, whether acting
on his own behalf, as principal, or as the employee or agent of another
shall obtain a license as hereinafter provided:
a.
Application. Application for a vehicle peddler eating and drinking
license shall be on the forms provided by the Borough. The application
shall be completed in its entirety and signed by the applicant. Each
owner or operator shall make a separate application for each vehicle
used for peddling. The owner or operator shall include sufficient
information in the application about each employee operating in the
Borough and shall file the application together with two photographs
of the face of the applicant and each employee, accurately depicting
the applicant's and employee's appearance, approximately two inches
by three inches in size. Group or joint applications or licenses,
or a license for fleet or multiple vehicles shall not be permitted,
except as provided in § 9-902e. The Applicant shall be responsible
for all processing fees associated with the application.
(1)
A facility plan for review shall be submitted with the initial
application for a vehicle peddler eating and drinking license.
(2)
Operators shall provide a certified copy of a contract as proof
of using a grease rendering company (if applicable) within the facility
plan which is contracted to dispose of used cooking grease.
(3)
Operators shall provide information within the facility plan
concerning a potable water source and shall include a certified copy
of a contract as proof of using a wastewater disposal company (if
applicable) which is contracted to dispose of wastewater.
b.
Waiting Period For Action On The Application. A thirty-day waiting
period, not including weekends or holidays, shall be required between
the submission of the application for a vehicle peddler eating and
drinking license and action on it by the Borough.
(1)
During the thirty-day waiting period, the Borough shall, in
all cases, where items are proposed to be sold for human consumption,
review and approve the facility plan, including equipment to be used
for the operation in retail sales and ensure compliance with the Commonwealth
of Pennsylvania, State Regulation, Title 7, Chapter 46, "Food Code
Regulation" issued under the Retail Food Facility Safety Act of 2010.
The Borough shall also verify the vehicle identification number and
current matching registration and proof of current financial responsibility
(liability insurance) for any vehicle used for the peddling of food
items. The vehicle owner shall also provide, in all cases, proof of
current business liability insurance associated with the product or
products provided for sample or being sold for human consumption.
(2)
After the thirty-day waiting period, the Borough's Chief Financial
Officer shall approve or deny the issuance of a vehicle peddler eating
and drinking license. The Borough's Chief Financial Officer shall
have the right to deny any application for just cause.
c.
Responsibility For Payment Of Taxes. Vehicle Peddlers or any persons
who conduct business activities on their behalf shall be subject to
the provisions of the Earned Income and Net Profits Tax and Local
Services Tax, as defined under the Local Tax Enabling Act, amended
by Act 32 of 2008. Each person must be registered with the applicable
local tax office and comply with local withholding requirements and/or
self-reporting requirements. In addition to meeting their local tax
obligations, vendors and persons who are conducting business on their
behalf must also comply with the Pennsylvania and Federal tax regulations.
d.
License. The license shall contain the information required on the
application along with the expiration date and one of the photographs
that were submitted with the application shall be attached. The license
shall also contain the vehicle registration plate number and state
of issue. The license shall be displayed in a conspicuous location
on or within the vehicle at all times during operation.
e.
Term of License and fees. The term for a vehicle peddler eating and
drinking license shall be specified on the license and shall not exceed
one calendar year. The fee for a vehicle peddler eating and drinking
license and associated fees shall be set by resolution of Council
from time to time.
(1)
A not-for-profit organization shall provide proof of tax exemption
status as required under the Retail Food Facility Safety Act of 2010,
as may be revised from time to time. The not-for-profit organization
shall be charged an application processing fee by the Borough as set
by resolution of Council from time to time and an hourly rate for
inspection by the Borough for compliance with Title 7, Chapter 46,
"Food Code" Regulation.
f.
Exceptions. The Borough's Chief Financial Officer shall have the
right to permit an individual or a group application for a temporary
vehicle peddler eating and drinking license under the following conditions:
(1)
The vehicle peddler eating and drinking license is in connection
with an event or activity sponsored by or conducted by the Borough
of State College, the State College Area School District, the Downtown
State College Improvement District, Centre Region Parks and Recreation
or the Pennsylvania State University.
(a)
In the event that the vehicle peddler eating and drinking license
is approved under this section, the vendor may be granted relief from
the requirements of § 9-908.
[Ord. 1999, 9/17/2012]
The Borough's Chief Financial Officer is authorized to suspend
or revoke, for a specific period of time, any license issued under
this ordinance under the following circumstances:
a.
If the licensee or others named in the license are convicted of a
felony or misdemeanor during the period the license is in effect.
b.
If the Chief Financial Officer determines the status of the authenticity
of the Vehicle Peddler has changed.
c.
If it is determined that the Vehicle Peddler has given false information
on the application.
d.
If unsafe or harmful goods are being sold to the public.
e.
If it is determined that the approval of the food handling permits
has been suspended or revoked.
[Ord. 1999, 9/17/2012]
Any person whose application for a vehicle peddler eating and
drinking license is disapproved by the Chief Financial Officer, or
whose license is suspended or revoked by the Chief Financial Officer
for an administrative reason, or for violation of any state law or
ordinance within this Borough may appeal such action to the Borough
Manager. Such appeal shall be in writing and signed by the person
and filed in the office of the Borough Manager within 10 days of the
date of such action appealed from. The Manager shall conduct a hearing
within 30 days of the filing of such appeal and shall notify such
person, by written letter mailed to the permanent address of the person
shown on the application, such mailing to occur 15 days or more prior
to the scheduled hearing. In lieu of mailing such notice, it may be
delivered personally to such person. Following the hearing, the Manager
shall affirm the action appealed from or reverse such action or may
modify the action of the Chief Financial Officer. The Chief Financial
Officer shall not participate in the making of such decision, but
shall be permitted to testify or present evidence. Any person who
disagrees with the Manager's decision may appeal such decision to
the Pennsylvania Commonwealth Court.
a.
Food Code and Related Violations. Any person whose application for
a vehicle peddler eating and drinking license is suspended or revoked
for violation of Commonwealth of Pennsylvania, Department of Agriculture,
Title 7, Chapter 46, "Food Code Regulation" issued under the Retail
Food Facility Safety Act of 2010 may appeal such action to the State
College Board of Health within 10 days. Such appeal shall be in writing
and signed by the person making the appeal and filed in the office
of the Director of the Department of Ordinance Enforcement and Public
Health. The State College Board of Health shall conduct a hearing
within 30 days of the filing of such appeal and shall notify such
person by written letter mailed to the permanent address of the person
shown on the application, such mailing to occur 15 days or more prior
to the scheduled hearing. In lieu of mailing such notice, it may be
delivered personally to such person. The State College Board of Health
may, by majority vote of members present, affirm, reverse or modify
the action to suspend or revoke the permit. The decision rendered
by the State College Board of Health shall be final.
a.
Certified Food Employee On Duty. Each newly licensed Vehicle Peddler
selling items used for human consumption shall have, within their
employ and prior to operation, at least one certified food employee
who is available and with the vehicle at all times or available by
phone. Vehicle Peddlers that sell only pre-packaged non-potentially
hazardous food shall be exempt from this requirement.
b.
Used Cooking Grease And Waste Water Disposal. Each Vehicle Peddler
shall be responsible for the proper disposal of used cooking grease
and wastewater (if applicable) and shall have a company under contract
to comply with the terms of this Ordinance. A vehicle peddler eating
and drinking license may be immediately revoked for the improper disposal
of cooking grease or wastewater.
c.
Refuse And Recyclable Materials. Operators shall provide their own
containers for the disposal of refuse and recyclable materials generated
as a result of retail sales and shall not use trash receptacles provided
for public use on any sidewalk or right-of-way within the Borough
nor shall they use privately owned dumpsters within the Borough. Commercial
solid waste generated within the Borough and disposed of in any residential
area within the Commonwealth of Pennsylvania is prohibited. Operators
may use any community shared dumpster for the disposal of solid waste.
Recycled corrugated cardboard receptacles provided at various locations
throughout the commercial district may be used for cardboard recycling.
d.
Vehicle Peddler Paper Product Identification. All paper products
including cups, wrappers, waxed paper, foil, cardboard and Styrofoam
or other similar disposable containers used to facilitate the retail
sales of items or goods shall bear the vehicle peddler's business
name and/or logo (if applicable). Each vehicle peddler shall be responsible
for the cleanup of any refuse or litter bearing his/her identification
which may be deposited by the operator or clientele on any sidewalk
or street within the Borough.
e.
Motor Vehicle Compliance. Each vehicle used for peddling and operating
within the Borough shall bear a valid registration plate, valid inspection
sticker and proof of financial responsibility (vehicle liability insurance)
in accordance with Title 75, the Pennsylvania Motor Vehicle Code.
[Ord. 1999, 9/17/2012]
Vehicle Peddlers may conduct business between the hours of 7:00
a.m. and 10:00 p.m.
[Ord. 1999, 9/17/2012]
a.
Vehicle Peddlers shall not occupy a stationary location on any public
sidewalk, street or right-of-way, nor shall they conduct business
through a window or over a counter which extends into a roadway laned
for vehicle traffic. There shall be no interference with or blocking
the movement of any pedestrians or vehicles by the Vehicle Peddler.
b.
Vehicle Peddlers shall not remain in a stationary (non-moving) location
at any time to solicit sales on any street within the Borough except
when an actual sale is taking place. All sales shall be conducted
from the street and along the curb. Vehicle Peddlers shall be prohibited
from parking on any public sidewalk or right-of-way within the Borough.
c.
Vehicle Peddlers shall not be permitted to park and conduct business
at any parking meter or in any loading zone, handicapped parking space,
commuter zone parking space, or on any public street or in any alley
or other location deemed hazardous by the Borough.
d.
Vehicle Peddlers shall not make or cause to be made any loud noise to attract attention except for an initial identifiable repetitive jingle to announce the vehicle arrival and location. Vehicle Peddlers shall comply with the requirements of the Noise Control Ordinance as defined in the State College Borough Code, Chapter V, Part A, § 5-103.
e.
No temporary retail sales shall be conducted within the area designated
by Council for the conduct of the Central Pennsylvania Festival of
the Arts or the conduct of First Night during those periods designated
by Council for the conduct of these activities except for those approved
by the Arts Festival Organization. The Arts Festival Organization
shall have the authority to approve or disapprove vehicle peddling
operations within the designated Arts Festival or First Night areas
and may limit the number of Vehicle Peddlers and further restrict
hours of operation within these designated areas.
f.
Vehicle Peddlers shall be prohibited from conducting business in
any parking garage, parking deck or public metered parking lot within
the Borough.
g.
Signage concerning menus and other advertisements associated with
a Vehicle Peddler shall be limited to the length of the vehicle times
two square feet and shall be located on the vehicle. Sandwich board,
hand billing or other advertisements are prohibited. Additional advertisement
on top of a vehicle shall be limited to one sign, a maximum length
of the vehicle, and shall extend no higher than two feet above the
main portion of the vehicle roof. No sign attached to a vehicle is
permitted to hang over or protrude onto any public sidewalk, street,
alley, or right-of-way within the Borough. No sign shall move by electronic
or mechanical means, flash or include moving illumination. No sign
shall be permitted which is determined to be a hazard to public safety.
[Ord. 1999, 9/17/2012]
Vehicle Peddlers may operate on private property within the
commercial and commercial incentive zoning districts of the Borough
under the following conditions:
a.
Written permission shall be obtained from the property owner and/or
the property lessee.
b.
In addition to a vehicle peddler eating and drinking license, a zoning
permit shall be required prior to operation on any privately owned
property should a Vehicle Peddler use the location for retail sales
for seven or more consecutive days or a lease is established with
the property owner. The zoning permit fee shall be in addition to
a vehicle peddler eating and drinking license fee and shall be set
by resolution of Council from time to time.
c.
All other licensing and permitting provisions of this Ordinance shall
apply.
d.
Vehicle Peddlers shall be permitted to operate at a construction
site on private property during those hours in which actual construction
work is taking place provided the Vehicle Peddler has permission from
the site manager or foreman.
[Ord. 1999, 9/17/2012]
a.
The Vehicle Peddler shall be fully contained within the property
of the owner granting permission and shall not extend or operate on
any portion of a public sidewalk, street, alley or other public property
or right-of-way.
b.
Signage concerning menus and other advertisements associated with
a Vehicle Peddler shall be limited to the length of the vehicle times
two square feet and shall be located on the vehicle.
c.
One sandwich board sign shall be permitted providing such sign fits
in the approved property where the vehicle peddler is located. The
maximum size of a sandwich board sign shall not exceed an area of
10 square feet on each face of the sign.
d.
Hand billing or other advertisements shall be prohibited.
e.
Additional advertisement on top of a vehicle shall be limited to
one sign, a maximum length of the vehicle, and shall extend no higher
than two feet above the main portion of the roof.
f.
No sign attached to a vehicle is permitted to hang over or protrude
onto any public sidewalk, street, alley or right-of-way within the
Borough.
g.
No sign shall move by electronic or mechanical means, flash or include
moving illumination.
h.
No sign shall be permitted which is determined to be a hazard to
public safety.
i.
A Vehicle Peddler shall be prohibited from operating on private property
in any residential zoning district of the Borough.
[Ord. 1999, 9/17/2012]
No person, firm, corporation, owner, operator, employee or associate
of a vehicle peddler licensed under this ordinance shall resist or
interfere with an authorized representative of the Borough in the
performance of his or her duty while conducting an inspection for
compliance with this ordinance or any law relating to Food Code Regulation,
or ordinance relating to retail dealer licensing. An annual inspection
shall be required for vehicle peddlers selling items used for human
consumption.
[Ord. 1999, 9/17/2012]
Any person who shall violate any provision of this ordinance
and is found guilty shall be fined not less than $300 nor more than
$1,000 for the first offense, and not less than $600 nor more than
$1,000 for the second offense, and $1,000 for the third and subsequent
offense in any one-hundred-eighty-day period. Upon failure to pay
such fine, the person shall be sentenced to jail for a term not to
exceed 30 days for each offense.
