[HISTORY: Adopted by the Borough Council of the Borough of
Royersford 7-16-1971 by Ord. No.
460 (Ch. 13, Part 3, of the 1990 Borough Code of
Ordinances). Amendments noted where applicable.]
[Amended 9-11-2012 by Ord. No. 856]
A.
PERSON
TRANSIENT RETAIL BUSINESS
(1)
(2)
(3)
As used in this chapter, the following terms shall have the meanings
indicated:
Any natural person, partnership, limited partnership, association,
corporation, limited liability company, nonprofit organization or
any other legally recognized entity.
Engaging in peddling, canvassing, soliciting or taking orders,
either by sample or otherwise, for any goods, wares, merchandise or
services, upon any of the streets or alleys, sidewalks or public grounds,
or from structure to structure (including, but not limited to, dwellings,
commercial buildings, institutional buildings, mobile homes or professional
or business offices), within the Borough of Royersford; or
Engaging in canvassing, soliciting or offering any service (such
as home improvements, utility services or telecommunications services)
upon any of the streets or alleys, sidewalks or public grounds, or
from structure to structure (including, but not limited to, dwellings,
commercial buildings, institutional buildings, mobile homes or professional
or business offices), within the Borough of Royersford; or
Selling, soliciting or taking orders for any goods, wares or
merchandise, from a fixed location within the Borough, on a temporary
basis, which shall include, but shall not be limited to, such activities
conducted at the time of special occasions or celebrations, for seasonal
purposes, or for or in advance of specific yearly holidays.
B.
In this chapter, the masculine shall include the feminine and neuter,
the singular shall include the plural, and the plural shall include
the singular.
[Amended 10-14-1980 by Ord. No. 588; 10-30-1990 by Ord. No. 715; 9-11-2012 by Ord. No. 856]
A.
No person shall engage in any transient retail business within the
Borough of Royersford without first having obtained from the Borough
Manager or Police or designee a license for which the fee shall be
as established from time to time by the Borough Council by resolution,
which shall be for the use of the Borough. The license shall be in
effect for a period of not more than 45 calendar days from its date
of issue. Licenses may be renewed for additional periods upon payment
of the fee hereinabove provided for and the submission of any amendment
of the original application necessary to reflect any changes in the
information therein contained. Provided, however, no license fee shall
be charged under this section 1) to farmers selling their own produce;
2) for the sale of goods, wares and merchandise, donated by the owners
thereof, the proceeds whereof are to be applied to any charitable
or philanthropic purpose; or 3) to any manufacturer or producer in
the sale of milk or milk products, bread and bakery products, or meat
and meat products, but all persons exempted under 1) and 2) hereof
from payment of the license fee shall be required to register with
the Borough Manager or Police or designee and to obtain a license
without fee. Provided further: any person dealing in one or more of
the hereinabove-mentioned exempted categories, and selling other goods,
wares or merchandise not so exempted, shall be subject to the payment
of the license fee fixed by this section for his activities in connection
with the sale of goods, wares and merchandise not in such exempted
categories. Provided further: the Borough Manager or Police or designee
may similarly exempt from payment of the license fee, but not from
registering with him/her, persons working without compensation and
selling goods, wares and merchandise for the sole benefit of any nonprofit
organization. Provided further: a license issued under provisions
of this chapter shall be issued on an individual basis to persons
engaging in such transient retail business or to a corporation whose
employees are engaged in the transient retail business in the Borough
of Royersford, provided that the corporation applying for such license
shall simultaneously provide the Borough with a list of its specific
employees who will be engaging in transient retail business and shall
amend such information from time to time as is necessary but at least
48 hours before any individual engages in transient retail business
in the Borough of Royersford.
B.
Licenses to engage in transient retail business activities at or during special events shall be available upon completion of the application required by § 438-3. Such special event licenses shall be effective for only one day and no longer. No person shall engage in any transient retail business within the Borough at any special event without first having obtained from the Borough Manager or Police or designee a license for which the fee shall be as established from time to time by the Borough Council by resolution. Special events shall include, but are not limited to, the Royersford Borough Halloween Parade and Royersford Borough Community Day. Borough Council shall have the sole discretion to determine whether an event is a special event subject to this section.
C.
Notwithstanding the provisions of § 438-2 and this chapter, any person engaging in any transient retail business at a farmers' market shall be exempt from the license requirements contained in § 438-2 if the following conditions have been satisfied:
[Added 7-25-2023 by Ord.
No. 927]
(1)
The market organizers, being those persons responsible for the organization
and management of a farmers' market, hold a current master license,
after approval of such application from the Borough Manager and payment
of the fee for the master license, which shall be established from
time to time by the Borough Council by resolution;
(2)
The provisions relating to a transient retail business license shall
apply to the master license;
(3)
The person engaging in any transient retail business at a farmers'
market has registered with the market organizers;
(4)
The person engaging in any transient retail business at a farmers'
market is in full compliance with all state, federal and local rules
and regulations, particularly with regard to food safety.
[Amended 9-11-2011 by Ord. No. 856]
Every person desiring a license under this chapter shall first
make application to the Borough Manager or Police or designee for
such license. If such person shall also be required to obtain a license
from any state or county officer, he/she shall, when making such application,
exhibit a valid state or county license. In such application, such
person shall give his name and address; his previous criminal record,
if any; the name of the person by whom he/she is employed; the type
of goods, wares and merchandise or services offered for which such
license is to be issued; and the type and license number of the vehicle
to be used, if any. Applications received from a business or nonprofit
organization, such as a corporation, partnership, limited partnership,
limited liability company, nonprofit organization or association,
shall include a list of the individuals who may engage in transient
retail business activities within the Borough. Said list shall include
the individual's name, business address, business telephone number,
e-mail address, state driver's license number, the individual's supervisor's
name, and the supervisor's direct telephone number and mail address.
Applicants shall also include a completed and fully executed State
Police Criminal Record Request Form for each person.
[Amended 9-11-2011 by Ord. No. 856]
Upon receipt of such application and the prescribed fee, the
Borough Manager or Police, or designee, if he/she shall find such
application in order, shall issue the license required by this chapter.
Such license shall contain the information required to be given on
the application therefor. Every license holder shall carry such license
upon his person, if engaged in a transient retail business from structure
to structure or upon the streets, alleys, sidewalks or public grounds,
or shall display such license at the location where he/she shall engage
in such business if doing so from a fixed location. He/she shall exhibit
such license, upon request, to all police officers, Borough officials
and citizens or residents of the Borough. Additionally, while engaged
in transient retail business activities in the Borough, every person
or license holder shall wear and display on his or her outer clothing
an identification card containing the person's name, photograph and
the employer's name.
No person engaged in any transient retail business shall:
A.
Sell any product or type of product not mentioned in his license.
B.
Hawk or cry his wares upon any of the streets, alleys, sidewalks
or public grounds in the Borough.
C.
When selling from a vehicle, stop or park such vehicle upon any of
the streets or alleys in the Borough for longer than necessary in
order to sell therefrom to persons residing or working in the immediate
vicinity.
D.
Park any vehicle upon any of the streets or alleys in the Borough
for the purpose of sorting, rearranging or cleaning any of his goods,
wares or merchandise or of disposing of any carton or wrapping material
or of any stock or wares or foodstuffs which have become unsalable
through handling, age or otherwise.
E.
Engage in such work before 11:00 a.m. or after 5:00 p.m. of any weekday
and engage in such work before 12:00 noon or after 5:00 p.m. on Saturdays,
except in case of a prior appointment with a resident of a house or
dwelling. No person shall engage in any work permitted elsewhere by
this chapter on Sundays.
[Amended 9-11-2012 by Ord. No. 856]
F.
Operate or conduct business from a temporary, fixed location within
the Borough, such as a canopy, tent or booth, for more than 14 consecutive
days.
[Amended 9-11-2012 by Ord. No. 856]
G.
Trespass upon the property of another person where signs have been
posted prohibiting trespass or enter the property of another where
a sign has been posted prohibiting solicitation.
[Added 9-11-2012 by Ord.
No. 856]
H.
Fail to wear and display on his or her outer clothing an identification
card containing the person's name, photograph and the employer's name.
[Added 9-11-2012 by Ord.
No. 856]
[Amended 9-11-2012 by Ord. No. 856]
The Borough Manager or Police or designee shall supervise the
activities of all persons holding licenses under this chapter, and
he/she shall keep a record of all licenses issued hereunder and may,
upon request from Borough Council, make a report thereof to the Borough
Council.
[Amended 9-11-2012 by Ord. No. 856]
The Borough Manager or Police or designee is hereby authorized
to suspend any license issued under this chapter when he/she deems
such suspension to be beneficial to the public health, welfare, safety
or morals, or for violation of any provision of this chapter, or for
giving false information upon any application for a license hereunder.
Appeals from any suspension may be made to the Borough Council at
any time within 10 days after such suspension. No part of a license
fee shall be refunded to any person whose license shall have been
suspended.
[Added 8-30-2022 by Ord. No. 918[1]]
The purpose of these regulations[2] is to promote the health, safety, comfort, convenience,
prosperity, and general welfare of the citizens of the Borough of
Royersford by establishing regulations for the operation of mobile
food vendors within the Borough. It is also the intent of these regulations
to establish reasonable guidelines and restrictions for mobile food
vendors and encourage the safe and convenient use of the Borough's
public rights-of-way.
[Added 8-30-2022 by Ord. No. 918]
As used in this chapter, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
Any person or business who applies for a license under the
provisions of this chapter.
The Code Enforcement Officer of the Borough of Royersford
or any sworn officer of the Borough of Royersford Police Department.
A person who sells, intends to sell or offers to sell food
products in or about the streets of the Borough from a mobile food
vendor facility.
Either a street vending facility or a sidewalk vending facility.
An establishment where meals are generally served and eaten
on premises; prepares and serves food and drink to customers in return
for money, either paid before the meal or after the meal is provided.
[Added 8-30-2022 by Ord. No. 918]
A.
No person
shall commence operation of a mobile food vendor facility in the Borough
of Royersford unless the required license has been obtained for the
facility from the Borough Manager or Police Department or designee
and, if required by the state, any applicable license from the Commonwealth
of Pennsylvania Department of Agriculture, or otherwise. This requirement
shall not apply to a Borough-sponsored event, including, but not limited
to, Community/Unity Day.
B.
All licenses
from the Borough of Royersford and Commonwealth of Pennsylvania shall
be prominently displayed at all times during operation of a mobile
food vendor facility.
C.
Upon request
from the Enforcement Officer, a mobile food vendor facility must show
proof of general liability insurance in the amount of $100,000 per
individual and $300,000 per occurrence.
D.
Any mobile
food vendor operating without the required license(s) shall be deemed
in violation of this chapter, and the mobile food vendor shall be
subject to penalties and fines as provided within this chapter and
otherwise provided by law.
E.
The Enforcement
Officer shall be authorized to deny, revoke or suspend operations
for any mobile food vendor found in noncompliance with the established
requirements.
F.
Notwithstanding the provisions of § 438-10 and this chapter, any mobile food vendors operating at a farmers' market shall be exempt from the license requirements contained in § 438-10 if the following conditions have been satisfied:
[Added 7-25-2023 by Ord.
No. 927]
(1)
The market organizers, being those persons responsible for the organization
and management of a farmers' market, hold a current master license,
after approval of such application from the Borough Manager and payment
of the fee for the master license, which shall be established from
time to time by the Borough Council by resolution;
(2)
The provisions relating to a mobile food vendor license shall apply
to the master license;
(3)
The mobile food vendor at a farmers' market has registered with
the market organizers;
(4)
The mobile food vendor at a farmers' market is in full compliance
with all state, federal and local rules and regulations, particularly
with regard to food safety.
[Added 8-30-2022 by Ord. No. 918]
A.
No mobile
food vendor facility shall hereafter sell or offer for sale any products
or services within 500 feet of the designated boundaries of any Borough-organized,
Borough-sponsored or Borough-sanctioned event or activity unless express
permission is obtained from the Borough.
B.
No mobile
food vendor facility on public property or within the public right-of-way
shall provide or allow any dining area, including but not limited
to tables, chairs, booths, bar stools, benches, and stand-up counters.
However, these restrictions shall not apply to Borough-sponsored events,
including, but not limited to, Community/Unity Day.
C.
Consumers
shall be provided with single-service, break-resistant dinnerware,
drinkware, and serving containers.
D.
For mobile
food vendor facilities on public property, including the Borough's
right-of-way, the Borough reserves the right to temporarily move a
mobile food vendor facility if the approved location needs to be used
for emergency purposes, snow removal, construction, or other public
benefit or if the location is required for a Borough-sponsored event.
E.
All mobile
food vendor facilities shall provide for their own trash removal and
not use Borough facilities.
F.
No mobile
food vendor facility shall make or cause to be made any unreasonable
or excessive noise and shall comply with the Borough's ordinances,
including nuisances and noise. No mobile food vendor facility shall
use or maintain any outside amplified equipment, flashing/animated
lights or noisemakers, nor shall they broadcast music or loud advertisements.
G.
No mobile
food vendor facility is permitted to park or stop to serve customers
within a 150-foot radius of any principal customer entrance to any
restaurant or food establishment within the Borough during that establishment's
hours of operation. However, these restrictions shall not apply to
Borough-sponsored events, including, but not limited to, Community/Unity
Day.
H.
No operator
of a mobile food vendor facility shall park, stand, or move a vehicle
and conduct business within areas of the Borough where the mobile
food vendor has not been authorized to operate.
I.
No mobile
food vendor shall hereafter sell or offer for sale any food or nonfood
products and services on a public street or that would substantially
obstruct a public right-of-way, impair the movement of pedestrians
or vehicles, block any sidewalk, or pose a hazard to public safety.
J.
No mobile
food vendor facility shall be operated from private property without
the express permission of the property owner.
K.
All mobile
food vendor facilities shall be attended at all times by at least
one operator who is at least age 18.
L.
All mobile
food vendor facilities occupying a public space must be in operation
within 30 minutes of occupying the space.
N.
No liquid
waste or grease is to be disposed in tree pits, storm drains, the
Borough's sanitary sewer system, sidewalks, streets, or other public
space.
O.
Unattended
vehicles prohibited. No mobile food vendor facility shall be left
unattended and unsecured at any time.
[Added 8-30-2022 by Ord. No. 918]
A.
Authority
is hereby conferred upon the Enforcement Officer to promulgate rules
and regulations with respect to the specific matters for which such
authority is herein granted and to change and modify any and all such
rules and regulations from time to time in the manner provided by
law, subject to the approval of the Borough Manager, provided that
such rules and regulations shall not be inconsistent with the provisions
herein and local, state and federal law. A copy of such rules and
regulations shall be available in the office of the Borough Clerk.
B.
When it
appears to the Enforcement Officer that the operation of the mobile
food vending facility poses an immediate and imminent threat to the
public health and safety that will occur if the mobile food vending
facility is not immediately closed, the Enforcement Officer shall
have the power to order the immediate closure of a mobile food vending
facility until such time that the violations complained of have been
corrected or the Borough Council or other appropriate hearing board
overrules the determination of the Enforcement Officer.
C.
Nothing
set forth in this section may limit the pursuit of other appropriate
actions or proceedings at law or in equity available to the Borough.
[Added 8-30-2022 by Ord. No. 918]
A.
Operation
may be denied or suspended by the Code Enforcement Officer for any
of the following reasons:
(1)
The
mobile food vendor or any of its principals fail to satisfy any qualification
of requirements imposed by this chapter or other local, state or federal
laws or regulations; or
(2)
The
mobile food vendor or any of its principals has engaged in operating
without a valid license; or
(3)
The
mobile food vendor facility is operated in such a manner as to constitute
a public nuisance or safety hazard; or
(4)
The
mobile food vendor, its principals or agents, repeatedly violates
any of the provisions of this chapter.
B.
Upon notice
of denial, revocation or suspension of a license, an aggrieved party
may appeal to Borough Council by submitting a written notice of appeal
to the Enforcement Officer within 10 days following the date of the
adverse action.
[Amended 6-28-1988 by Ord. No. 694; 10-30-1990 by Ord. No. 715; 8-11-2020 by Ord. No. 904]
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this chapter in equity
in the Court of Common Pleas of Montgomery County.
