[Ord. 1999, 9/17/2012]
The following terms, as used in this ordinance, shall be defined
as follows:
BOROUGH
The Borough of State College, a Home Rule Municipality, Centre
County, Pennsylvania.
MANAGER
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.
PENNSYLVANIA STATE REGULATION
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 as now enacted and as may be revised from time to time.
VEHICLE
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.
VEHICLE PEDDLER
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.
[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.
[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]
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]
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.
a. A penalty provided for under this ordinance may be imposed in addition
to any penalty that may be imposed for any other criminal offense
arising from the same conduct.
b. Each act of violation and every day upon which such violation occurs
shall constitute a separate offense.