No person shall operate a mobile food facility having a commissary/service area located within the City limits without first obtaining a license to operate a public eating and drinking place from the City Health Officer. The license shall be posted in the food facility in a conspicuous place so as to be seen by customers, vendors, employees, and patrons of the subject facility. The license remains the property of the City Board of Health and shall be surrendered on demand from the City Health Officer, or other City official acting on behalf of the City Board of Health. A license is valid for one year from date of issue. License application shall be made in accordance with the Mobile Food Facility Operation Guide published by the PA Department of Agriculture, and the licensing processes as outlined in Article II and the associated fees shall apply.
Except for MFFs licensed under the jurisdiction of the City
of Sunbury, no person shall operate an MFF within the City of Sunbury
on public properties, public rights-of-way, or private property when
serving food to the public, without having obtained a permit from
the City Health Officer. The permit requirement shall not apply to
any TFF as defined herein. The permit shall be valid for six months
from the date of issue.
A.
Permit application. The MFF owner/operator shall submit an application
at least 10 business days prior to operating in the City and on a
form provided by the City of Sunbury, along with the following documents
for inspection by the City Health Officer:
(1)
Retail food license in good standing with the Department of Agriculture.
(2)
Food employee certificates as required by the PDA for every food
employee.
(3)
Comprehensive liability insurance. Each street vendor shall maintain,
and provide the City of Sunbury with proof thereof, comprehensive
liability insurance with a minimum policy limit of $500,000 per person
and $1,000,000 per occurrence coverage for personal injury, and $50,000
coverage for property damage.
B.
Payment of fee required. The fee shall be as set from time to time
by resolution of the City Council. Such fee shall be nonrefundable
and nonproratable.
Permit shall be on the premises of the MFF while in operation
in the City of Sunbury and shall be produced upon request by the Health
Officer or other City Official along with the PDA Retail Food License
and Food Employee Certificates. Permit is nontransferrable.
The owner/operator shall comply with statutes and regulations
of the Commonwealth of Pennsylvania with regard to cooking, utensils,
refrigeration, appliances, materials and food storage and other matters,
and a license issued by the Department of Agriculture shall be prominently
displayed on the MFF for view by patrons.
MFFs shall be designed to be attractive and not offensive in
any way.
MFFs shall have a trash receptacle with a tight-fitting lid,
and the owner/operator shall be responsible for the disposal of trash
generated by its business. Owner/operators are responsible for proper
disposal of the trash whenever the container becomes full or, at a
minimum, at the conclusion of the day's operation, but not in receptacles
provided for by the City of Sunbury. All refuse must be recycled in
accordance with the City of Sunbury's Recycling Ordinance.[1]
Only signs identifying the owner/operator's name, business name
and contact/social media information and a listing of the items available
for sale are permitted on an MFF.
All MFFs equipped with a heat source shall be equipped with
a serviceable fire extinguisher.
[Amended 9-26-2022]
While operating in the City of Sunbury, the following provisions
regarding operating locations shall be followed.
A.
An MFF may operate on private property only with the permission of
the owner/operator of said facility.
B.
An MFF may operate in a municipal parking lot. When operating in
a metered municipal parking lot, a parking permit shall be required.
C.
An MFF may operate in a metered parking space on a public street.
When operating in a metered parking space, a parking permit shall
be required.
D.
An MFF shall not operate in a nonmetered space on a public street
without having obtained a permit from the Code Administration Office
and paid a fee as shall be set from time to time by resolution of
the City Council.
E.
When operating on a public street, the MFF shall be placed in such
a way as the customer service area is positioned away from vehicle
traffic.
