[HISTORY: Adopted by the City Council of the City of Greensburg: Art. I, 4-14-1980 by Ord. No. 1093; Art. II, 7-10-1989 by Ord. No. 1417; amended in its entirety 7-13-2020 by Ord. No. 2110.[1] Subsequent amendments noted where applicable.]
[1]
Editor's Note: This ordinance also amended the title of this chapter, which was previously Retail Food Facilities, Licensure, Inspection and Regulation of.
[Amended 5-8-2023 by Ord. No. 2148]
As used in this chapter, the following terms shall have the meanings indicated:
EDIBLE GOODS
Food products that shall include, but are not limited to, all packaged or unpackaged, off-site prepared and on-site prepared food.
FARMERS' MARKET
A food market at which farmers or other agricultural producers sell fruit and vegetables and often meat, cheese, and bakery products directly to consumers. The primary purpose is vendors serving food, but may include secondary vendors selling other items, such as home goods, decorations, gifts and other similar materials.
MOBILE FOOD VENDOR
A movable retail food facility, such as a stand, vehicle, cart, basket, box or similar structure, from which edible goods are stored, prepared, processed, distributed or sold. This definition shall not include farm or agricultural products made available for sale during a farmers' market. This definition shall not include ice cream trucks, being a vehicle selling ice cream, frozen yogurt, frozen custard, Italian ice or similar products so long as the vehicle is not at any stationary location for a period of time in excess of 10 minutes.
MOBILE FOOD VENDOR FACILITY
The physical self-contained motorized unit selling items designated as edible goods, or any other motor vehicle, or trailer pulled thereby, or stand used by a mobile food vendor to sell edible goods.
RETAIL FOOD FACILITY
Any business that sells or relinquishes control of edible foods to consumers and has been inspected and approved by the Pennsylvania Department of Agriculture (or is required to be by state law), including but not limited to restaurants, bars, clubs, food auctions, grocery stores, convenience stores, beer distributors, schools, caterers, commercial kitchens, commissaries, and similar public food facilities where edible goods are sold or served directly to a consumer.
SPECIAL EVENT
An activity conducted as a standalone event or as part of a recurring series of events organized and operated by the same individual or entity that in whole or in part is located on public property or the right-of-way, for the purpose of entertainment, exhibition, parade, fair, festival, or similar activity that is not a demonstration. This term does not include casual park use by persons that is not reasonably likely to attract a crowd of onlookers. Examples of a special event would include a farmers' market, street market, or concert, which include mobile food vendors. Recurring special events must be the same or similar events over the course of the calendar year, and do not include a series of events that are dissimilar, regardless if they have the same organizer.
STATIONARY LOCATION
The position of the mobile food vendor when not in motion and preparing for, engaged in or closing up and cleaning from, the act of selling edible goods.
A. 
All retail food facilities, whether being a permanent brick and mortar location or a mobile food vendor, shall prior to operation register their business with the Greensburg Planning and Development Department.
B. 
Prior to application for either the retail food facilities business registration or the mobile food vendor business registration, the applicant shall first secure a valid and effective retail food facilities license issued by the Pennsylvania Department of Agriculture, issued pursuant to 7 Pa. Code, Chapter 46 (Food Code), the Rules and Regulations of the Pennsylvania Department of Agriculture, the Retail Food Facility Safety Act (3 Pa.C.S.A. §§ 5701 through 5714). Mobile food vendors shall be authorized, in the alternative, to secure and produce a valid and effective retail food facilities license as issued by the Allegheny County Health Department, again issued pursuant to the applicable state laws. In the event that an annual retail food facilities license as issued by the Pennsylvania Department of Agriculture or the Allegheny County Department of Health (for mobile food vendors) is renewed or reissued during the registrant's registration time period with the City of Greensburg, the registrant shall submit a copy of the new retail food facilities license to the Greensburg Planning and Development Department.
C. 
Registration shall be accepted by the Planning and Development Department upon receipt of a completed registration form and payment of the applicable registration fee.
D. 
Registration applications shall be filed at least five business days prior to the facility's anticipated opening date.
E. 
All annual registrations shall expire after one year. Mobile food vendor registration shall have additional durations as set forth in Greensburg Code § 127-4A.
F. 
Retail food facilities and mobile food vendors with current annual health licenses issued by the City of Greensburg will not be required to register with the City pursuant herein until five days prior to the expiration of their Greensburg-issued health license.
A. 
Retail food facilities shall register annually and complete and submit a registration form with the Planning and Development Department, which shall include, at a minimum, the following information and documentation:
(1) 
Name, address and telephone number of the registrant and the contact person for the facility.
(2) 
The name, telephone number, EIN number, and registered business address for the business entity operating the facility.
(3) 
Address of and on-site telephone number for the facility.
(4) 
Proof of valid and current retail food facility license issued by the Pennsylvania Department of Agriculture.
(5) 
An acknowledgment that the business is subject to the City of Greensburg's business privilege tax.
(6) 
Proof of installation and the location of a Knox-Box®.
B. 
Mobile food vendors shall complete a registration form with the Planning and Development Department, which shall include, at a minimum, the following information and documentation:
(1) 
Name, address and telephone number of the registrant and the contact person for the facility.
(2) 
The location the food truck plans on operating. If the location is on private property, the applicant shall provide the property owner's name, telephone number and address as well as a copy of the landowner's written consent for the use of their property by the applicant mobile food vendor.
(3) 
The name, telephone number, EIN number, and registered business address for the business entity operating the mobile facility.
(4) 
A description of the vehicle, including without limitation the make, model, year, physical dimensions and colors of the vehicle.
(5) 
Proof of a valid and current retail food facility license issued by the Pennsylvania Department of Agriculture or in the alternative the Allegheny County Department of Health.
(6) 
Certification that the mobile facility has automobile and/or commercial liability insurance, in excess of $250,000 per occurrence, if operating in the right-of-way, public parking facilities or on other City of Greensburg-owned property.
(7) 
An acknowledgment that the business is subject to the City of Greensburg's business privilege tax.
C. 
Should any registration materials or information change, the registrant shall notify the Planning Department within 15 days.
D. 
Registration renewal shall only require the submission of a valid and current retail food facility license as issued by the Department of Agriculture or Allegheny County Department of Health, the updating of any information that has changed, and the payment of the applicable registration fee.
E. 
The Director of the Planning Department is directed to prepare registration and renewal forms pursuant to the requirements herein.
A. 
Types of registrations.
[Amended 5-8-2023 by Ord. No. 2148]
(1) 
Individual registration: authorizes the registrant to operate in the City in compliance with this chapter and the City of Greensburg Code, for a period either for one day (within 24 hours) if a one-time registration, or for one year if an annual registration (calendar year). The registrant is authorized to operate upon the rights-of-way and parking facilities of the City of Greensburg, if in compliance with the requirements of this chapter and all parking and vehicle and traffic statutes, ordinances, rules and regulations of the City of Greensburg and State of Pennsylvania. Annual registrants may be located on private property, including private parking facilities, if in compliance with the provisions of this chapter and Chapter 265, entitled "Zoning."
(2) 
Special event registration: authorizes the mobile food vendors to operate during and as a part of a special event, which may be a single event registration or a recurring special event registration (calendar year). A special event shall be defined as a City-approved event operating wholly or in part on public property or the right-of-way. The registrant may only operate and sell edible goods during the time period of the special event. Special event mobile food vendor registrations shall be applied for by the organizer or operator of such event, who shall be responsible for the applicable fee and for providing a copy of all mobile food vendors' licensure with the Department of Agriculture or Allegheny County Department of Health, as applicable and appropriate. If a special event permit is obtained pursuant to the provisions herein, the individual mobile food venders shall not be required to obtain a mobile food vendor registration for their activities.
(3) 
Registration herein only authorizes the applicant to utilize a mobile food facility pursuant to the provisions herein. If the registrant requires street closures or other public safety measures, it is the responsibility of the registrant to coordinate the same with and receive the approval of the City of Greensburg Police Department and/or Public Works Department, as appropriate. Said agencies may decline the requests of the registrant in the interests of public safety.
(4) 
Registration fees shall be established by way of ordinance and contained within City of Greensburg Code Chapter 151. Registration fees shall increase based upon the length of the registration, to account for the number of potential inspections to ensure compliance with this chapter, pursuant to § 127-4M.
B. 
Operating in rights-of-way and parking facilities. If a registrant is operating in a right-of-way or a public City-owned or -operated parking facility, the registrant must pay all applicable parking fees for the spots occupied, may not occupy more than four parking spots, may not block traffic, may not be parked so as to limit vehicle sight lines, may not be located on sidewalks or otherwise impede pedestrian travel or use of sidewalks, rights-of-way, parking facilities, crosswalks and other similar facilities. If operating in a right-of-way, the mobile food vendor facility must face the direction of travel of the right-of-way, and the vending window must face the sidewalk at all times. If the right-of-way is a one-way street, and it is necessary to be opposite the direction of travel in a designated parking location, so that the service window faces the sidewalk, the vendor must seek the assistance of the Police Department, with 24 hours' advance notice to the Department, to park in and then vacate the location.
C. 
Private property. A mobile food vendor may only operate on private property, including a nonpublic and privately owned parking facility, if a retail food facility is otherwise permitted, pursuant to Chapter 265, on that property as of right and if consented to by the property owner in writing.
D. 
Zoning. Unless operating under and pursuant to the SummerSounds Program, an approved farmers' market or as part of an approved special event, a mobile food vendor may only operate in the rights-of-way and parking facilities in the C-2 Neighborhood Shopping District, C-2 Business District, M Industrial District, S Special Institution District, R-T Recreation - Tourist District, and Downtown District. An area of public right-of-way shall be considered in one of the zone districts identified herein if at least one of the properties adjacent to that area of right-of-way is in one of those zone districts.
E. 
Time of operation. Mobile food vendors may only operate, unless the vendor is taking part of an approved SummerSounds, farmers' market or special event, for a period of eight hours in a stationary location and between the hours of 7:00 a.m. and 2:00 a.m., with the exception of the Downtown District, wherein they may operate until 4:00 a.m. The term "operate" includes the total period of time that a mobile food vendor is in a stationary location, including the time necessary to set up for sales and closing up after sales.
F. 
Location. Mobile food vendors, whether in the rights-of-way, private property, or private or public parking facilities, may not be located within 100 feet of another mobile food vendor or the property boundary of a retail food facility, unless the facility is not open to the public (because the facility is a private club, is closed for any reason, or it is outside of the facility's hours of operation), the retail food facility has tendered a written and executed document waiving the 100-foot requirement, or the mobile food vendor is part of an approved SummerSounds, farmers' market or special event.
G. 
The registrant, when operating in or near public rights-of-way or property:
(1) 
Must provide a trash receptacle and a recycling receptacle within five feet of the mobile food vendor facility and shall be responsible for proper disposal of solid and liquid waste.
(2) 
Must remove trash from all areas within 20 feet of the sales location.
(3) 
Must not drain wastewater, oil, and any other liquid onto City property, public roadway or into the stormwater system.
(4) 
Must have commercial liability and automobile insurance, as applicable, with policy limits in excess of $250,000 per occurrence.
(5) 
May not run extension cords from any structure or dwelling unit to the mobile food vendor facility.
H. 
Continuous music or repetitive sound shall not project from the mobile food vendor facility while parked or stopped.
I. 
Safety. The mobile food vendor must have on-site a fire extinguisher with a 10 BC rating and a Class K fire extinguisher. Both must be easily accessible to vendor staff.
J. 
International Fire Code. The mobile food vendor facility shall be in compliance with the International Fire Code as adopted from time to time by the City and commonwealth.
K. 
International Electric Code. The mobile food vendor facility must have proper electrical power and improvements maintained and installed as per the International Electric Code, as adopted from time to time by the City and commonwealth.
L. 
Registration confirmation under this chapter shall be placed at all times in a conspicuous place where it can be read by the general public on the mobile food vendor facility.
M. 
Mobile food vendors shall consent to inspections by City personnel to ensure compliance with the requirements of this § 127-4.
N. 
Offenses.
(1) 
Registrants in violation of the provisions of this chapter shall first receive a warning and shall immediately correct the violation or cease operations at that time. If they have a second violation within 30 days, the registrant may have their registration revoked, based upon the severity of the violation. If the registration is revoked, the registrant shall not be entitled to a refund. The registrant will be entitled to apply for a new registration 30 days following the date of the revocation. If another violation and revocation occurs within 12 months of the initial violation, the registrant shall not be authorized to reapply for any mobile food vendor registration for a period of 12 months.
(2) 
A person operating a mobile food vendor facility without an appropriately issued registration under this chapter shall, upon summary conviction before a Magistrate, be fined not less than $300 and not more than $1,000 for any one offense, recoverable with costs and restitution, or imprisonment of not more than 90 days, if the amount of such fines and costs are not paid. Multiple violations of this chapter shall each day be considered a separate offense.
(3) 
Officers and officials of the City of Greensburg Police Department and Planning and Development Department, and their designees, are authorized to enforce the provisions of this chapter, and have the authority to direct mobile food facility vendors operating in violation of this chapter to correct their noncompliance and/or immediately cease operations.
(4) 
Officials of the Planning and Development Department are authorized to revoke registrations pursuant to this § 127-4.
O. 
Appeals. If a registration is denied or revoked, the registrant may, within 10 days of denial or revocation, file a written appeal to the Planning Director. Pending the appeal, the registration shall be suspended. The appeal shall be denied if it is found that the registrant or their registration application was in violation of this chapter, and shall be granted if it is found that the registrant or the registration application was not in violation of this chapter.