[Adopted 5-1-2018 by Ord.
No. 18-01]
The Municipality finds that allowing mobile food vendors to
operate, subject to practical regulations and limitations, is beneficial
to persons living and working within the Municipality. This article
recognizes the unique physical and operational characteristics of
mobile food vending, establishes standards for mobile food vending
operations and promotes practices that serve the health, safety and
welfare of the public.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A vehicle that operates to provide food services to workers
at locations where access to such services is otherwise unavailable
or impractical (e.g., a construction site); from which the operator
sells food and beverages that require no on-site preparation or assembly
other than the heating of precooked foods; and is not advertised in
any form to the general public except by virtue of signage on the
vehicle. Products sold from canteen trucks may include fruits, vegetables,
precooked foods such as hot dogs, prepackaged foods and prepackaged
drinks.
An establishment or facility in a fixed location that is
used for the storage of supplies for a mobile food service vehicle,
the preparation of food to be sold or served at a mobile food service
vehicle, or the cleaning or servicing of a mobile food service vehicle
or the equipment used in conjunction with a mobile food service vehicle.
Those products that are ready for immediate consumption,
including prepackaged food and food cooked, prepared or assembled
on-site. The term "edible food products" does not include fresh produce
unless the produce has been packaged, cooked, chopped, sliced, mixed,
brewed, frozen, squeezed or otherwise prepared for consumption.
A vehicle from which edible food products are cooked, prepared
or assembled with the intent to sell such items to the general public,
provided further that food trucks may also sell other edible food
products and beverages that have been prepared or assembled elsewhere.
Food truck operators may market their products to the public via advertising,
including social media.
A vehicle from which the operator sells only prepackaged
frozen dairy or water-based food products and prepackaged beverages.
For purposes of this article, a nonmotorized cart from which such
products are sold shall be considered an ice cream truck.
The person designated by the Municipality to oversee the
issuance, suspension and revocation of mobile food vendor license.
Any single property parcel or any combination of contiguous
parcels that are owned or controlled by a single entity or affiliated
entities.
A food truck, canteen truck or ice cream truck and includes
any portable unit that is attached to a motorized vehicle and intended
for use in the operation of a food truck, canteen truck or ice cream
truck.
Self-contained food service operation, located in a readily
movable motorized, wheeled, or towed vehicle, used to store, prepare,
display or serve food intended for individual portion service.
A coordinated and advertised gathering of more than three
mobile food service vehicles in one location on a certain date with
the intent to serve the public.
A license issued by the Municipality for the operation of
a mobile food service vehicle.
To sell food, beverages, and other permitted items from a
mobile food service vehicle and includes all tenses of the word.
Any person operating or permitted to operate a mobile food
service vehicle.
Every device in, upon or by which any person or property
may be transported or drawn upon a street, including devices moved
by human power.
A.
It shall be unlawful to operate a mobile food service vehicle to
sell or offer for sale any food, service, or merchandise at any location
within the Municipality unless a mobile food vendor license has been
issued by the Municipality of Norristown and in compliance with the
other requirements of this article.
B.
Mobile food vendors must comply with all federal, state and local
licensing, which includes registering for and obtaining a local business
license, up-to-date records on health inspections, as well as any
and all other permitting regulations and all business tax, sales tax
and other tax requirements.
C.
The Municipal Administrator is hereby authorized to promulgate rules
and regulations supplemental to the provisions herein for the purpose
of carrying out the administration and enforcement of such provisions.
A.
Food trucks.
(1)
Right-of-way/public property. Food trucks may not operate within the public right-of-way or on any Municipal property except as may be specifically allowed by the Municipality. When allowed in the public right-of-way, a food truck must be positioned so as to comply with the requirements of § 233-27B herein. Operation of food trucks within Municipal parks shall be subject to rules and regulations established by council. Food trucks may not operate on property owned by a public entity other than the Municipality unless specifically allowed by such public entity. No unattended food truck shall be left at any time in the right-of-way or parked on any other public property overnight.
(2)
Private property. A food truck with a current mobile food vendor permit may operate on private property if allowed as a permitted use under Chapter 320 (Zoning) of this Code,' subject to the following conditions:
(a)
Permission. Food trucks selling to the public from private property
shall have the written permission of the property owner, which shall
be made available to the Municipality immediately upon request.
(b)
Unimproved properties. Regardless of any agreement with the
owner of the property, a food truck may not operate on an unimproved
parcel. For purposes of this section, a parcel is considered "improved"
if it contains a building that may be occupied pursuant to applicable
building codes.
(c)
Maximum number of food trucks. No more than three food trucks
may operate at any location at one time unless authorized by the Municipality.
(d)
Placement on lot. Food truck operations, including any canopies,
signage, equipment, and seating areas, may not occupy more than four
parking spaces per food truck. Food trucks not parked within designated
parking spaces shall not block fire lanes, designated traffic lanes
or ingress or egress to or from a building or street.
(3)
Hours of operation. Food trucks may operate beginning at 7:00 a.m.
and ending at 9:00 p.m. unless otherwise restricted by the operator's
mobile food vendor permit or by the property owner. The Municipality
may permit extended hours of operation.
B.
Canteen trucks.
(1)
Right-of-way/public property. A canteen truck with a current mobile food vendor permit may operate from the right-of-way adjacent to a clearly delineated location to cater to on-site workers. A clearly delineated location is one in which the boundaries are defined by the use of fencing enclosing the location or where the surrounding area is undergoing construction activity. Canteen trucks may not operate within any other public right-of-way or on any Municipal property except as may be specifically allowed by the Municipality. When allowed in the public right-of-way, a canteen truck must be positioned so as to comply with the requirements of § 233-27B herein. Operation of canteen trucks within Municipal parks shall be subject to rules and regulations established by the council. Canteen trucks may not operate on property owned by a public entity other than the Municipality unless specifically allowed by such public entity. No unattended canteen truck shall be left at any time in the right-of-way or parked on any other public property overnight.
(2)
Private property. A canteen truck with a current mobile food vendor permit may operate on private property if allowed as a permitted use under Chapter 320 (Zoning) of this Code, subject to the following conditions:
(a)
Permission. Canteen trucks operating on private property shall
have the written permission of the property owner, which shall be
made available to the Municipality immediately upon request.
(b)
Unimproved properties. A canteen truck may operate on an unimproved
parcel only if the parcel or an adjoining parcel is undergoing construction
activity.
(c)
Placement on lot. Canteen trucks shall not block fire lanes,
designated traffic lanes or ingress or egress to or from a building
or street.
(3)
Hours of operation. Canteen trucks may operate beginning at 7:00
a.m. and ending at 6:00 p.m. unless otherwise restricted by the operator's
mobile food vendor permit. A canteen truck shall not remain in the
public right-of-way for more than one hour during a day.
C.
Ice cream trucks.
(1)
Right-of-way/public property. An ice cream truck with a current mobile food vendor permit may operate from the right-of-way at any one location for no more than 15 minutes before relocating to another location not less than 1/4 mile from the previous location. When operating in the public right-of-way, an ice cream truck must be positioned so as to comply with the requirements of § 233-27B herein. Operation of ice cream trucks within Municipal parks shall be subject to rules and regulations established by the council. Ice cream trucks may not operate on any other property owned by the Municipality or another public entity except as may be specifically allowed by the Municipality or other public entity. No unattended ice cream truck shall be left at any time in the right-of-way or parked on any other public property overnight.
(2)
Private property. An ice cream truck with a current mobile food vendor permit may operate on private property if allowed as a permitted use under Chapter 320 (Zoning) of this Code, subject to the following conditions:
(a)
Permission. Ice cream trucks operating on private property shall
have the written permission of the property owner, which shall be
made available to the Municipality immediately upon request.
(b)
Unimproved properties. Regardless of any agreement with the
owner of the property, an ice cream truck may not operate on an unimproved
parcel. For purposes of this section, a parcel is considered "improved"
if it contains a building that may be occupied pursuant to applicable
building codes.
(c)
Placement on lot. Ice cream trucks shall not block fire lanes,
designated traffic lanes or ingress and egress to and from a building
or street.
(3)
Hours of operation. Ice cream trucks may operate beginning at 11:00
a.m. and ending at sunset unless otherwise restricted by the operator's
mobile food vendor license.
A.
Vehicle requirements.
(1)
Design and construction. Mobile food service vehicles must be specifically
designed and constructed for the purpose of preparation and sale of
the specific type of food being sold and may not operate in any manner
that is not compatible with the purpose for which the vehicle has
been designed and constructed.
(2)
Licensing. Mobile food service vehicles must be licensed and equipped
in accordance with the rules and regulations of all local, state and
federal agencies having jurisdiction over such vehicles. The preparation
and sale of food from mobile food service vehicles must comply with
all applicable local, state and federal laws and regulations.
B.
Operating in the right-of-way.
(1)
Mobile food service vehicles shall park facing the same direction
as traffic, at a distance of no more than 18 inches between the curb
face or edge of pavement and with the service window of the vehicle
facing the curb or edge or pavement.
(2)
When a mobile food service vehicle is allowed to operate in the public
right-of-way, no seating area shall be provided, except as permitted
in conjunction with a street closure for a special event.
C.
Business access. No mobile food service vehicle may operate in a
location that:
D.
Pedestrians. If on or adjacent to a sidewalk, the components of a
mobile food service vehicle's operations, including signage,
seating areas and patron queue may not reduce the clear pedestrian
path of travel on the sidewalk to less than six feet. All awnings
or canopies of the vehicle shall be at least six feet, eight inches
above the sidewalk.
E.
Distance. A mobile food service vehicle must maintain a minimum distance
of 10 feet between other mobile food service vehicles and may not
operate within 100 feet of a brick and mortar eating establishments.
F.
Safety and fire prevention.
(1)
All cooking, heating and electrical equipment and all cooking practices
must comply with applicable safety regulations, including applicable
fire and electrical codes and any other safety requirements imposed
by the Municipality's fire and rescue department.
(2)
No power cord, cable or equipment shall be extended across any public
street, sidewalk or other public property.
(3)
No cooking equipment other than a heating apparatus compliant with
applicable safety regulations may be used in a canteen truck. No cooking
or heating equipment may be used in an ice cream truck.
(4)
All mobile food service vehicles must be equipped with a 2A-10BC
fire extinguisher that is inspected annually and certified as meeting
National Fire Protection Association standards.
(5)
All mobile food service vehicles with a generator must provide a
3A-40BC fire extinguisher.
(6)
All food service vehicles utilizing a deep fat fryer must provide
a type K fire extinguisher in addition to the required extinguisher
requirements set forth in this article.
(7)
The maximum amount of LPG gas that can be stored/used is two 100-pound
tanks with LPG storage tanks only permitted to be stored/used on the
exterior of the mobile food service vehicle; furthermore, all piping
and fittings for the distribution and use of LPG gas must be UL or
FM approved.
(8)
Any type of cooking inside the mobile food service vehicle that produces
grease laden vapors is required to be protected with an NFPA 96 compliant
fire suppression system.
(9)
All vendors must maintain a clearance of at least 10 feet away from
buildings, structures, vehicles, and any combustible materials and
must also maintain a clearance of at least 15 feet from a fire hydrant.
(10)
Any engine-driven source of power must be separated from the
public by barriers, such as physical guards, fencing, or enclosures.
(11)
Any engine-driven power must comply with the following: at least
10 feet in all directions from openings and air intakes; at least
10 feet from every means of egress; directed away from all buildings;
directed away from all other cooking vehicles and operations.
G.
Solid fuel safety (wood, charcoal).
(1)
Fuel must not stored above any heat producing appliance or vent.
(2)
Fuel must not stored closer than three feet to any cooking appliance.
(3)
Fuel must not stored near any combustible liquids, ignition sources,
chemicals, and food supplies and packaged goods.
(4)
Fuel must not stored in the path of the ash removal or near removed
ashes.
(5)
All ash cinders, and other fire debris should be removed from the
firebox at regular intervals and at least once a day.
(6)
Removed ashes, cinders, and other removed fire debris should be placed
in a closed, metal container located at least three feet from any
cooking appliance.
H.
Noise. No sounds that are prohibited by Chapter 215 (Noise) of this Code may be produced by a mobile food service vehicle's operations.
I.
Support methods. No mobile food service vehicle may use stakes, rods
or any other method of support that must be drilled, driven or otherwise
fixed into or onto asphalt, pavement, curbs, sidewalks or buildings.
J.
Spills. To prevent discharges into waterways, drainage systems or
public sewer systems, each food truck shall comply with all stormwater
regulations of the Municipality and all regulations regarding prohibited
discharges to public sewers. In addition, each vehicle shall have
a spill response plan to contain and remediate any discharge from
the vehicle.
K.
Waste collection. The area of a mobile food service vehicle operation
must be kept neat and orderly at all times. Operation of a mobile
food service vehicle in an area is deemed acceptance by the operator
of the responsibility for cleanliness of the area surrounding the
operations (not less than 50 feet from all parts of the vehicle) regardless
of the occurrence or source of any waste in the area. During each
period of operation at a location, the operator must provide proper
trash receptacles for public use that are sufficient and suitable
to contain all trash generated by the mobile food service vehicle.
All trash receptacles must be emptied when full, and all waste must
be removed prior to departure of a mobile food service vehicle from
a location.
L.
Pedestrian service only. Mobile food service vehicles shall serve
pedestrians only. Drive-through or drive-in service is prohibited.
M.
Signage. Signage for each mobile food service vehicle shall be limited
to signs on the exterior or interior of the vehicle and one sandwich
board sign. All signs on the exterior of the vehicle shall be secured
and shall not project more than six inches from the vehicle. One sandwich
board sign may be placed outside the mobile food service vehicle,
provided that the base of a sandwich board sign must be placed no
further than two feet beyond the mobile food service vehicle. Sandwich
board signs shall not exceed eight square feet per side or 48 inches
in height and shall not obstruct or impede pedestrian or vehicular
traffic.
N.
Alcohol sales. Food trucks may not sell alcoholic beverages, except
as may be specifically allowed by applicable state law and Municipal
ordinance. Canteen trucks and ice cream trucks are prohibited from
selling alcoholic beverages at all times.
O.
Insurance.
(1)
Mobile food service vehicles must maintain all motor vehicle insurance
coverage required by applicable state and federal laws and regulations.
(2)
Mobile food service vehicles operating on Municipal property other
than the right-of-way shall at all times maintain such further insurance
coverage as may be required by the Municipal Administrator. In the
event the required coverage is not properly maintained, permission
to operate on Municipal property will be immediately revoked.
P.
Exterior cooking equipment. Any food preparation equipment outside
of the mobile food service vehicle shall not obstruct vehicular or
pedestrian traffic, and the use and operation of such equipment shall
not create safety hazards for the public. Food shall not be served
to customers directly from any outside food preparation equipment.
Any smoker or other exterior equipment that generates heat shall be
surrounded with at least three traffic safety cones.
A.
All mobile food vendors are prohibited from:
(1)
Any area where they will impede pedestrian traffic.
(2)
Operating within 1,000 feet of the outside perimeter of school property
during school hours as well as one hour preceding or one hour after
when school is in session.
(3)
Consuming alcoholic beverages while vending.
(4)
Vending within 100 feet of a licensed concession stand in a municipal
park when that stand is open for business, unless the mobile food
vendor is under contract with the Municipality to be in that specific
location.
(5)
Vending in any residential neighborhood, excluding ice cream trucks
or unless specially permitted as part of a large event authorized
by the Municipality.
(6)
Within 150 feet of the primary entrance of a licensed restaurant
during the hours the restaurant is open for business, unless the vendor
is operating with the consent of the restaurant.
(7)
Parking where traffic or parking laws or ordinances would be violated.
(8)
Parking in fire lanes, loading zones or other spaces with parking
limitations.
(9)
Vending for more than four hours in the right-of-way in one location
within any twenty-four-hour period unless specially permitted as part
of a large event authorized by the Municipality.
(10)
Placing chairs, tables, tents or other similar items in the
right-of-way or on private property without authorization from the
property owner.
(11)
Offering public seating within a mobile food truck or any other
mobile vehicle.
(12)
Vending on a private commercial lot for more than four hours
within any twenty-four-hour period.
(13)
Vending on any undeveloped lots (dirt lots or lots without a
licensed business) for more than four hours within a twenty-four-hour
period unless observing air quality standards and acting as an open
air vendor with an open air vending license.
(14)
No mobile food vendor will be permitted to vend their goods
and/or services within the right-of-way of the following streets in
Norristown:
(a)
Airy Street: from DeKalb Street to Barbadoes Street.
(b)
Penn Street: from DeKalb Street to Barbadoes Street.
(c)
Lafayette Street: from DeKalb Street to Strawberry Alley and
from Swede Street to Cherry Street.
(d)
DeKalb Street: from Lafayette Street to Airy Street.
(e)
Swede Street: from Airy Street to Marshall Street and immediately
following the earlier of January 1, 2025 or the completion of the
Montgomery County Campus Redevelopment Plan from Main Street to Marshall
Street.
(f)
Cherry Street: from Lafayette Street to Airy Street.
(g)
Main Street: from Forrest Avenue to Barbadoes Street and from
DeKalb Street to the Municipal Boundary with Plymouth Township.
(h)
Marshall Street: from Markley Street to Haws Avenue.
(i)
Markley Street: from Roberts Street to Johnson Highway.
(j)
New Hope Street: from Johnson Highway to Marshall Street.
(k)
Sandy Street: from Marshall Street east to the municipal line.
(l)
Harding Boulevard: No vendor will be permitted to operate on
the northbound portion of Harding Boulevard.
A.
Required. The designated permit administrator shall oversee the issuance,
suspension and revocation of mobile food vendor permits. No mobile
food service vehicle may operate within the Municipality without a
mobile food vendor permit issued by the Municipality. A mobile food
vendor permit authorizes the holder only to engage in the vending
of products from a mobile food service vehicle in compliance with
this Code and as specified on the permit. The mobile food vendor permit
must be prominently displayed when the mobile food service vehicle
is in operation. This section shall not apply to contractual arrangements
between a mobile food service vehicle operator and any individual,
group or entity for prearranged catering at a specific location for
a period of not more than four hours, provided that the mobile food
service vehicle is not open to or serving the general public.
B.
Application.
(1)
In order to obtain a mobile food vendor permit, a mobile food service
vehicle operator must complete an application form provided by the
Municipality. The application shall include the following information:
(a)
Name and address of the owner of the vehicle.
(b)
Name and address of the operator of the vehicle.
(c)
Color photographs of the exterior (front, side, and back) of
the vehicle in its final condition and with all markings under which
it will operate.
(d)
A copy of the vehicle license and registration form reflecting
the vehicle identification number (VIN) of the vehicle.
(e)
A copy of the state or county health department license or permit
applicable to mobile food providers.
(f)
A copy of any alcoholic beverage licenses, if applicable.
(g)
A copy of the operator's business license.
(h)
A certificate of insurance coverage, including required motor
vehicle insurance coverage.
(i)
A signed acknowledgement that the operator has read this article
and will comply with all applicable requirements herein.
(j)
Any additional information required by the Municipality.
(2)
Submittal of an application for a mobile food vendor permit must
be accompanied by payment of an application fee in the amount of $300.
Any mobile food service vehicle previously found to be operating within
the Municipality without a current permit shall also pay the application
fee shall of $300 for new vendors.
(3)
Each mobile food vendor permit holder shall have an ongoing duty
to provide the Municipality with notice of any change to any of the
information submitted with its permit application, within 10 days
of the change, including current photographs of the mobile food service
vehicle in the event of any change in the appearance of or signage
on the vehicle.
C.
Issuance. A mobile food vendor permit shall be issued upon verification
that an application has been completed in accordance with the requirements
of this section, except that no such permit will be issued to an operator
whose permit is currently suspended or has been revoked within the
preceding 12 months, or to any person who intends to operate the same
mobile food service vehicle for which the operator's permit is
currently suspended or has been revoked within the preceding 12 months.
If the permit administrator denies the application, such denial shall
be in writing and provided to the applicant within 15 days of receipt
of the application.
D.
Expiration. All mobile food vendor permits shall expire on December
31 of each year, or on such alternate date as may be set by the permit
administrator. A mobile food vendor permit may be renewed for the
next twelve-month period, provided that all applicable requirements
are met and the permit is not currently suspended or has not been
revoked within the preceding 12 months. The fee for renewal shall
be the same as the application fee for a new mobile food vendor permit.
E.
Transferability. A mobile food vendor permit may not be transferred
except as part of the sale of a controlling interest in a business
holding the permit or a sale of substantially all of the assets of
a business holding the permit. The operator of the mobile food service
vehicle shall notify the Municipality within 10 days of any such sale
and shall update any information that has been changed since the submittal
of the application for the mobile food vendor permit.
F.
Temporary permit. If an operator of a mobile food service vehicle has not previously obtained a mobile food vendor permit and is found to be operating within the Municipality, Municipal staff may authorize the operator to continue operating for not more than two hours, provided that the operations must comply with the location and hours of operation requirements set forth in § 233-26 herein. Thereafter, the operator shall not operate a mobile food service vehicle within the Municipality without first paying the required application fee and obtaining a mobile food vendor permit as required by this section.
A.
Citation. Each of the following circumstances constitute a violation
of this article, for which a citation of $300 may be issued to the
violator of this article by a codes enforcement officer, fire official,
and/or police officer of the Municipality:
(1)
Operation of a mobile food service vehicle without a current, valid
permit, provided further that each day and each separate location
at which a mobile food service vehicle is operated without a current,
valid permit shall be considered a separate violation.
(2)
Continuation of temporary mobile food service vehicle operations
beyond the time period authorized by staff.
(3)
Holding a special event without a permit or failing to comply with
the conditions of approval for a special event permit.
(4)
Failure to comply with any other provision of this article.
B.
Responsibility for violations. The Municipality codes enforcement
officers, fire officials, and/or police officers may, at their discretion
in consideration of the situation, cite any of the individuals or
entities listed below for any violation of the provisions of this
article:
C.
Suspension of permit. A mobile food vendor permit shall be suspended
by the permit administrator if:
(1)
The applicant for the permit knowingly provided false information
on the application.
(2)
Two violations of this article have occurred within a six-month period
in conjunction with the mobile food service vehicle for which the
permit has been issued.
(3)
The operator of a mobile food service vehicle fails to maintain a
current, valid vehicle registration, health department permit, business
license or proof of required motor vehicle insurance coverage.
D.
Revocation of permit. A mobile food vendor permit shall be revoked
by the permit administrator if:
E.
Reinstatement.
(1)
Suspended permit. An operator may reinstate a suspended mobile food
vendor permit by taking such actions as may be necessary to correct
a mobile food service vehicle's noncompliance and paying a reinstatement
fee of $500 to offset the Municipality's cost of enforcement
measures, inspections and compliance verifications.
(2)
Revoked permit. An operator whose mobile food vendor permit has been
revoked may apply for a new permit after 12 months from the date of
revocation, provided the operator has taken such actions as may be
necessary to correct a mobile food service vehicle's noncompliance.
The operator shall pay a permit reinstatement fee of $500 to offset
the Municipality's cost of enforcement measures, inspections
and compliance verifications.
(3)
No permit will be issued to any person who intends to operate the
same mobile food service vehicle for which the operator's permit
is currently suspended or has been revoked within the preceding 12
months.
F.
Notice. Notice of the suspension or revocation of a mobile food vendor
permit shall be issued to the operator in writing by the permit administrator.
A.
Filing. The denial, suspension or revocation of a mobile food vendor
permit by the permit administrator may be appealed by filing a written
notice of appeal, establishing the grounds for the appeal, with the
Municipal Administrator no later than 10 business days following receipt
of the notice of denial, suspension or revocation. For food truck
rallies requiring the approval of the Planning Commission, the Planning
Commission's decision shall be final.
B.
Municipal Administrator's review. When an appeal is filed with
the Municipal Administrator as set forth herein, the Municipal Administrator
may request such additional information from the operator and the
permit administrator as may be deemed necessary. At the Municipal
Administrator's discretion, the appeal may be decided based on
the written information and documentation submitted, or a hearing
may be scheduled with the operator and the permit administrator. The
Municipal Administrator's decision shall be issued in writing,
based on a written summation of the pertinent facts, and shall be
final. The Municipal Administrator may reverse the denial, suspension
or revocation of a permit, or may reduce the waiting period required
for reinstatement of a revoked permit if it is determined that the
operator has taken reasonable steps to mitigate the violations leading
to the revocation and to prevent future violations.
C.
Refunds. There shall be no refund of an application fee for a mobile
food vendor permit that has been denied. There shall be no refund
of a reinstatement fee for a suspended or revoked permit unless the
Municipal Administrator determines on appeal that the permit administrator
acted in error in suspending or revoking the permit.
