[HISTORY: Adopted by the City Council of the City of Coatesville 6-24-2019 by Ord. No. 1524-2019. Amendments noted where applicable.]
The purpose of this chapter is to promote the health, safety,
and general welfare of the stakeholders of the City of Coatesville
by requiring that new and existing mobile food vehicles provide residents
and customers with a standardized level of quality, safety, and cleanliness.
A.
The provisions of this chapter shall apply to all mobile food vehicles
engaged in the business of cooking, preparing, and/or distributing
food or beverage with or without charge from a mobile food vehicle
on or in public property or private property within the boundaries
of the City of Coatesville.
B.
This chapter shall not apply to mobile food vehicles selling ice
cream or water ice, where such vehicle stops only on a temporary basis
for purposes of making a sale or sales before it moves to a new location.
As used in this chapter, the following terms shall have the
meanings indicated:
The person, persons, or business entity who applies for a
mobile food vehicle license.
City of Coatesville, Chester County, Pennsylvania.
Any person who, by traveling from place to place upon the
public streets of the City, prepares and serves food from a mobile
food vehicle.
A vehicle with three or more wheels in or on which food or
beverage is cooked or prepared, and served to patrons or the public.
The term shall include trucks and trailer hitch units used for food
vending.
A license issued by the City that authorizes a person or
entity to maintain and operate a mobile food vehicle in the City.
The person, persons, or business entity who holds the mobile
food vehicle's title.
Any land, rights-of-way, roads or other real property owned,
maintained, or otherwise under the control of any person or entity
other than the City and not available for general use by the public.
The public rights-of-way, City-owned property, and City established
rights-of-way, including sidewalks.
A permit issued by the City pursuant to Chapter 192, for a special event, holiday, or other occasion for a finite duration.
The act of selling food or drink.
A person, persons, or business that sells food or drink.
A.
License required. No person or business entity, including a religious
or charitable organization, shall operate a mobile food vehicle in
any public space or private space without a license issued by the
City.
B.
Individual licenses required. A separate mobile food vehicle license
is required for each mobile food vehicle operating within the City,
but in no event shall any mobile food vehicle owner be issued more
than two licenses in any given year.
C.
Compliance with other laws and regulations. In addition to the City's
license requirements, all mobile food vehicles shall comply with all
County of Chester and Commonwealth of Pennsylvania regulations and
laws.
A.
Application. There shall be made available by the City an application
form to apply for each mobile food vehicle license. The application
shall provide the following:
B.
Submission of materials. Each application shall set forth and include
the following information:
(1)
Applicant's information. The name, business name, business phone
number, cell phone number, and address of the applicant;
(2)
Identifying information. The name, business name, business phone
number, cell phone number, and address of the mobile food vehicle
owner;
(3)
Vehicle information. Mobile food vehicle information including the
following: business license number, vehicle make and model, vehicle
identification number (VIN), license plate, proof of valid registration
and insurance;
(4)
Vehicle vending information. Mobile food vehicle vending information,
including types of goods to be sold and proposed hours of mobile food
vehicle vending;
(5)
Restrooms. Proof of access to restroom facilities for the use of
the mobile food vehicle preparers;
(6)
Inspections. Certification that the mobile food vehicle has passed
all necessary inspections required by the City, the County of Chester,
and the Commonwealth of Pennsylvania;
(7)
Interior design. Mobile food vehicle interior design showing all
features, including the location of the handwashing sink for mobile
food vehicle preparers; and
D.
Complete applications required. No action shall be taken on any application
for a license under this chapter until the application has been completed
in its entirety and all application fees have been paid in full. There
shall be no proration of fees under this section.
E.
Duration. A mobile food vehicle license shall be valid for the 12
months immediately following the issue date and the expiration date
shall be clearly set forth on the license when issued.
F.
License renewal.
(1)
Renewal process. All mobile food vehicle license holders shall apply
for renewal not less than 30 days nor more than 90 days prior to the
expiration of the mobile food vehicle license.
G.
Submission. All initial license applications and all renewal license
applications shall be submitted to the City Manager or his/her designee.
H.
License display. Mobile food vehicle licenses shall be prominently
displayed at a location on the side of the mobile food vehicle facing
those to whom food or beverages are to be sold or dispensed, and where
it can be easily seen and read.
A.
Owner; authorized mobile food preparer. Only mobile food owners and
their authorized mobile food preparers shall be permitted to operate
a mobile food vehicle within the City's borders.
C.
Timing.
(1)
Vending shall only occur between the hours of 7:00 a.m. and 9:00
p.m.
(2)
Mobile food vehicles shall not arrive prior to 6:00 a.m.
(3)
Mobile food vehicles shall be removed from the streets every night
by 11:00 p.m.
(4)
Mobile food vehicles shall not be parked or stored on the streets
or public parking lots of the City between the hours of 11:00 p.m.
and 6:00 a.m.
D.
Parking.
(1)
All mobile food vehicles shall comply with City parking regulations
and ordinances.
(2)
If a mobile food vehicle is parked at a metered parking space, the
mobile food vehicle shall pay the parking meter as required by the
City.
(3)
Mobile food vehicles shall not park within 25 feet of a fire hydrant
measured linearly from the two closest surfaces of each to the other.
(4)
Mobile food vehicles shall not park within 50 feet of any principal
customer entrance to any restaurant or food establishment within the
City measured linearly from the surface of the mobile food vehicle
to the closest edge of the entrance of the restaurant or food establishment.
E.
Service. Mobile food vehicles shall only serve customers from the
side of the vehicle facing the sidewalk, if vending from a roadway,
street, or other thoroughfare.
F.
Trash. All mobile food trucks shall offer a waste container for public
use that the operator shall empty at his own expense. Waste containers
shall be placed not more than five feet from the side of the vehicle
from which food or beverage is served and shall not obstruct or impede
any sidewalk, roadway, street or parking space.
G.
Public rights-of-way.
(1)
No tanks, generators, or other equipment that is not affixed to and
part of the mobile food vehicle shall be placed within the public
rights-of-way.
(2)
No temporary signs used as part of the mobile food vehicle vending
operation shall impede or block any sidewalks, roadways, or other
public rights-of-way within the City.
(3)
No awnings or canopies associated with a mobile food vehicle shall
impede or block any sidewalks, roadways, trafficways, paths, or other
public rights-of-way of the City. All awnings or canopies associated
with a mobile food vehicle shall be not less than 84 inches above
the ground when opened or deployed, as measured vertically from the
highest point on the ground located under the area covered by such
awning or canopy.
All special permits shall be issued pursuant to Chapter 192, which shall govern the location and times of operation for all licensed mobile food vehicles.
A.
The owner of the mobile food vehicle shall, during the application
process and as a condition of being issued a mobile food vehicle license,
sign an agreement to indemnify, defend, and keep harmless the City
of Coatesville, its officers, elected officials, employees, and agents
from and against any and all actions, suits, demands, payments, judgments,
costs, and charges caused by the existence of the mobile food vehicle
and all damages to persons or property resulting from or in any manner
caused by the presence, location, use, operation, installation, maintenance,
replacement, or removal of such mobile food vehicle or by the acts
or omissions of the employees or agents of the applicant or mobile
food vehicle owner in connection with such mobile food vehicle operation.
B.
The owner of the mobile food vehicle shall obtain and maintain a
general liability insurance policy in an amount not less than $500,000
and provide proof of same to the City at the time of application.
All insurance policies shall be issued by companies qualified to do
business in Commonwealth of Pennsylvania. All policies shall name
the City as an additional insured and shall provide that any cancellation
or reduction in coverage shall not be effective unless 30 days'
prior written notice thereof has been given to the City.
C.
Neither the provisions of this section nor any damages recovered
by the City shall be construed to limit the liability of the owner
of the mobile food vehicle for damages.
A.
Violations; persons liable. It shall be unlawful and a violation
of this chapter for any person to violate any provision of this chapter
and any such violation shall subject such person in violation of this
chapter to the issuance of a criminal citation and the penalty provisions
set forth in this section.
B.
Fine for violation. Any person violating any provision of this chapter
shall be subject to the payment of a fine of not less than $50 for
the first offense, not less than $100 for the second offense and not
more than $1,000 for the third and subsequent offenses, plus the cost
of prosecution, which includes attorney fees. Each day a violation
continues to exist shall constitute a separate and distinct violation
of this chapter.
C.
Enforcement. The City of Coatesville Police Department shall enforce
the provisions of this chapter in addition to any County of Chester
and Commonwealth of Pennsylvania departments or other governmental
agency having jurisdiction over the operation of mobile food vehicles.
D.
Revocation, suspension, or modification of license. A license may
be revoked, suspended, modified, or not renewed upon being found guilty
of a third or subsequent violation of this chapter.
E.
Costs of prosecution. All offenders convicted of violating any section
of this chapter shall pay the costs of prosecution, including attorney
fees, in addition to any fine and court costs.
F.
Proceedings may be commenced against a person violating this chapter,
the Motor Vehicle Code, and the Crimes Code, and commencement of any
such proceedings shall not constitute an election of remedies preventing
the commencement of the other proceedings against such violator.