[HISTORY: Adopted by the Borough Council of the Borough of
Carlisle 10-10-2019 by Ord. No. 2346, approved 10-10-2019. Amendments
noted where applicable.]
A.
This chapter is enacted by Borough Council in an effort to evaluate the benefit to the Carlisle community and visitors to the Borough of Carlisle of allowing mobile food vending in the Borough's Central Business District. It is further enacted to provide for mobile food vending in public parks of the Borough. The uses permitted in this chapter are to be distinguished from those already permitted and regulated in the General Industrial zoning district through § 255-96B(27).
B.
Although it is intended that this chapter be enacted on a temporary
basis, Borough Council reserves the right to terminate, modify or
continue indefinitely the provisions of this chapter.
The following words and phrases when used in this chapter shall
have the meanings ascribed to them in this section:
The Borough of Carlisle.
The Borough Council of the Borough of Carlisle.
The Fire Chief for the Borough of Carlisle and the Deputy
Fire Chiefs of Union Fire Company No. 1 and Cumberland Goodwill Fire
Rescue EMS.
The sale of food through a mobile vending unit.
A person that operates a mobile vending unit under a permit
issued by the Borough and who is at least 18 years of age.
A movable retail food facility, such as a stand, cart, vehicle,
box or similar structure, designed and used specifically for purposes
of storing, preparing, processing, distributing or selling food. For
purposes of this chapter the following types of mobile vending units
will be permitted to be utilized in a vending area:
Type 1. This mobile vending unit provides only non-temperature-controlled
foods that are prepackaged with no preparation or assembly being required.
Examples of foods and drinks provided are bottled or canned drinks,
chips, candy and cookies.
Type 2. This mobile vending unit provides commercially processed
packaged food in its original package. These types of foods are can
be stored in temperature-controlled areas on the unit and consist
of packaged ice cream, single-serving packaged snacks, packaged milk
and similar items.
Type 3. This mobile unit provides unpackaged food involving
food preparation without a cooking step, food preparation for same-day
service involving a cooking step and the reheating of commercially
processed food. Examples include hot dogs, grilled sandwiches, salads,
shaved ice and kettle corn.
Type 4. A Type 4 vending unit is similar to a Type 3 vending
unit, but provides what is called a "full menu" and constitutes what
the Pennsylvania Department of Agriculture calls a "kitchen on wheels"
where any food product can be prepared.
A Type 4 vending unit may provide foods provided by a Type 3,
Type 2 and Type 1 unit. A Type 2 unit may also provide foods provided
by a Type 1 unit and a Type 3 unit may also provide foods provided
by a Type 1 and Type 2 unit.
A natural person, firm, partnership, limited partnership,
limited liability partnership, limited liability corporation, association,
corporation, trust or other legal entity.
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.
Mobile food vending units are permitted to be operated when
located on private property within the C-1 Central Business District
of the Borough, provided a permit is issued by the Borough in accordance
with the requirements of this chapter and the owner(s) of the private
property signs the permit application noting the owner's consent
to the use of the private property.
A.
No person may operate a food vending unit in a vending area except
with a permit issued by the Borough.
B.
The following, among other information, shall be provided with each
application for a mobile food vendor permit:
(1)
Name, age, address, cell phone number and telephone number of the
vending unit operator.
(2)
Make, model, and food vending unit type.
(3)
Vending unit owner's name, address, cell phone number and telephone
number.
(4)
Copy of the current license from the Pennsylvania Department of Agriculture
(the "license"), and for Type 1 units, proof of inspection.
(5)
Proof of valid insurance policy that provides minimum liability coverage
of $1,000,000 with the Borough named as additional insured.
(7)
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.
(8)
Signature of the owner of the private property consenting to the
use of of the private property by the mobile vending unit. By signing
the permit application, the property owner is consenting to the Borough
staff, Borough police officer or Fire Official entering on to the
vending area during permitted hours of operation or thereafter if
operation improperly continues after permitted hours, to take such
actions that may be taken as noted in this chapter and that may be
necessary to ensure compliance with the provisions of this chapter
and law.
C.
Payment of a permit fee established by Borough Council. This permit
fee may be established or changed by Borough Council from time to
time by resolution.
A.
The Borough will issue no more than four permits for operation during the times noted in Subsection B, below. Provided the vending area can reasonably accommodate more than one vending unit, as determined in the discretion of the Borough, more than one permit may be issued for the same vending area. All such permits shall be issued on a first come, first serve basis.
B.
Permits shall be issued only for operating vending units during the
hours of 10:00 p.m. through 2:30 a.m. Friday evening to Saturday morning
and 10:00 p.m. through 2:30 a.m. Saturday evening through Sunday morning.
Permits may be issued to a food vendor to operate only during one
of these time periods or both of these time periods in the same weekend.
A single permit will not be issued allowing operation by the same
food vendor in consecutive weekends, but the same food vendor may
make a separate application each week to operate during consecutive
weekends.
C.
Permits may be revoked by the Borough at any time for cause or no
reason. If a permit is revoked other than due to an emergency or violation
of a requirement of this chapter, reasonable notice will be given
to the operator or owner of the vending unit of revocation and the
permit fee will be refunded in part.
D.
Permits are not transferrable or assignable.
A.
Operation of a food vending unit shall be within the vending area
approved in the permit issued by the Borough.
B.
All 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.
C.
The specific location of the vending unit in a vending area may be
subject to change at the discretion of Borough staff or a Borough
police officer when deemed appropriate.
Mobile food vendors as well as owners of a mobile food unit
being operated, shall be subject to the following requirements:
A.
Food service may only be provided to walk-up customers. No service
shall be provided to persons in or on motor vehicles or from the cartway
of the street or bike lane.
B.
The placement of tables, chairs or the creation of customer seating
areas or the use of any other items not permanently attached to and
a part of the vending unit is prohibited. Only trash receptacles provided
by the food vendor are permitted.
C.
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 trash or liquid is prohibited.
D.
Signs are prohibited, except signs that are affixed to the vending
unit.
E.
Broadcasted music, announcements and public address systems are prohibited.
F.
The food vendor's license and permit, if not displayed, shall
be available for inspection by Borough staff or a Borough police officer
at request during operation.
G.
The sale of items from the vending unit other than consumable food
and/or drink is prohibited.
H.
Food vendors must operate in a safe, sanitary and nonoffensive manner.
I.
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.
J.
All mobile vending units equipped with a portable or integrated generator
shall have a 3A40BC rated fire extinguisher in addition to any other
required extinguishers.
K.
All mobile vending units required to have a hood suppression system
shall be equipped with a Class K fire extinguisher.
L.
All required fire extinguishers shall be serviced and inspected annually
in accordance with the requirements of the latest edition of NFPA
10.
M.
All mobile food vehicles that contain cooking equipment that is capable
of creating grease laden vapors shall be equipped with Type 1 commercial
hood in accordance with the requirements of the most recent edition
of NFPA 96.
N.
All Type 1 hood systems shall be equipped with an approved hood suppression
system meeting the requirements of the latest edition of NFPA 96.
O.
Hood suppression systems shall be serviced and inspected every six
months.
P.
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.
Q.
All cooking appliances shall be listed by Underwriters Laboratories
or NSF International for mobile applications, for the appropriate
fuel and be clearly marked with the appropriate certification sticker(s).
R.
All deep-fat fryers shall be equipped with a lid over the oil vat
that can be secured to prevent spillage of cooking oil/fat during
transit. This lid shall be secured at all times the vehicle is in
motion.
S.
All deep-fat fryers shall be equipped with an eight-inch-high steel
baffle between the fryer and surface flames of any adjacent appliances.
T.
No more than two 100-pound LPG/LNG tanks shall be permitted on any
mobile vending unit.
U.
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.
V.
LPG/LNG cylinders shall be mounted so that safety release valves
are directed away from the vehicle.
W.
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.
X.
The storage of LPG/LNG cylinders inside of the vehicle is expressly
forbidden.
Y.
Any hose(s) 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 edition of the International Fuel Gas Code.
Z.
A conspicuous "no smoking" sign shall be posted adjacent to LPG/LNG
cylinders.
AA.
No food vending unit may be operated within 10 feet of any building,
structure or other vehicle.
A.
Permit requirement. No person may operate a food vending unit in
a public park of the Borough except with a permit issued by the Borough
after approval by the Director of Parks and Recreation (the "Director")
or her or his designee. The operation of a food vending unit in a
Borough park 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.
B.
Type 1, Type 2, Type 3 and Type 4 mobile vending units shall be permitted
to operate in Borough Parks when properly permitted.
C.
Each application for a mobile vendor permit for operation in a Borough park shall include the information required in § 158-3B and include a specific location, date, time and description of the event at which the operator of the vending unit proposes to operate. Such an application must be submitted at least 10 days prior to the date of the event and must include the permit fee required by § 158-3C.
D.
The issuance of permit for a mobile vendor permit, the number of
such permits, the number and types of vending units and the location
where a vending unit may be operated and for what length of time in
a Borough park is solely within the discretion of the Director or
her or his designee.
E.
The issuance of a permit to operate a food vending unit in a Borough
park is subject to the following requirements:
A.
A permit shall be denied or revoked if:
(1)
The application submitted has not been fully completed and executed
and all information required by this chapter not provided.
(2)
The application contains a material falsehood or misrepresentation.
(3)
Either the applicant or the person on whose behalf the application
was submitted has on a prior occasion had a permit revoked due to
a violation of any requirement of this chapter.
(4)
The food vendor or owner of the vending unit is in violation of any
provision of this chapter as determined by Borough staff, the Chief
of Police or Fire Official.
B.
Notice of the denial or revocation shall be given to the applicant
or the person to whom the permit was issued.
A.
Any person aggrieved by the denial of a permit application or the
revocation of a permit shall have the right to appeal the denial or
revocation by sending a letter to the Borough Manager or Assistant
Borough Manager requesting that the Manager or Assistant Borough Manager
hear an appeal on the decision to deny an application for a permit
or revoke a permit.
B.
The letter must be sent by certified mail or hand delivered to the
Office of the Borough Manager within 10 days from the date on which
the applicant received notice of the denial or revocation. The Borough
Manager or Assistant Borough Manager shall render a decision on the
appeal, in writing, within 10 days of receipt of the appeal. The applicant
may appeal the Borough Manager's or Assistant Borough Manager's
decision to the Court of Common Pleas of Cumberland County within
30 days of the written decision if not satisfied with the decision
rendered.
A.
In addition to revocation of any permit issued as noted in § 158-8, any person who or which shall violate any provision of this chapter shall upon conviction pay a fine of not more than $1,000 and costs of prosecution and reasonable attorney's fees, and in default of such payment, be sentenced to imprisonment to the extent allowed by law for the punishment of a summary offense. Each day that a violation of this chapter occurs shall be considered a separate offense.
B.
The provisions of this chapter shall be enforced by the Codes Enforcement
Officer or his or her designee and any police officer of the Borough
of Carlisle Police Department or a Fire Official.
The requirements of this chapter shall not apply to any food vending activities permitted through the issuance of a special event permit by Borough Council pursuant to § 244-5C.