[Ord. No. 1022, 4/26/2021[1]]
1. 
Title. This Part shall be known as the "Food Vendor and Street Vendor Ordinance."
2. 
Authority. The authority for this Part arises from the proprietary function of the Town of Bloomsburg to regulate the use of its rights-of-way.
3. 
Purpose. The purpose of this Part is to provide for the health, safety, and welfare of the citizens of the Town of Bloomsburg and permitted food vendors and street vendors and their customers.
[1]
Editor's Note: This ordinance also repealed former Part 6, Street Vendors, adopted by Ord. No. 938, 2/28/2011.
[Ord. No. 1022, 4/26/2021]
1. 
As used in this Part, the following terms shall have the meanings indicated:
FOOD TRAILER
A nonmotorized vehicle, that is normally pulled behind a motorized vehicle, operating as a mobile food business that prepares and sells food and beverages within the public right-of-way of the Town of Bloomsburg.
FOOD TRUCK
A licensed, self-contained, motorized vehicle operating as a mobile food business that prepares and sells food and beverages within the public right-of-way of the Town of Bloomsburg.
FOOD TRUCK/TRAILER VENDING
The act of selling food from a food truck or food trailer by a food vendor.
FOOD VENDING
For purposes of this Part, all references shall relate to both food vendors and street vendors unless specifically stated otherwise.
FOOD VENDING PERMIT
A permit allowing for food vending in accordance with this Part.
FOOD VENDOR
A person who sells food and beverages from a food truck or food trailer.
PUBLIC RIGHT-OF-WAY
That portion of a public street located in an area where food vending is permitted which is limited to a designated parking space on such public street.
STREET VENDING
The act of selling food and beverages by a street vendor.
STREET VENDOR
A person who sells food and beverages from a vending cart.
VENDING CART
A transportable, nonmotorized, self-contained conveyance from which food and beverages are prepared and sold within the public rights-of-way of the Town of Bloomsburg as defined herein. A vending cart shall not have walls or a floor and cannot be occupied. Vending carts shall be capable of quick removal from any location in the event of an emergency.
[Ord. No. 1022, 4/26/2021]
1. 
It shall be unlawful for any person to engage in food vending without a food vending permit, which permit shall be prominently displayed on the food truck, food trailer, or vending cart.
2. 
A food vending permit issued under this Part shall not be transferable.
3. 
Food vending permits shall be issued for a period of one year (365 consecutive days), except as provided in Subsection 4.
4. 
Single-day, weekly, and monthly food vending permits may be issued based on availability determined by the Code Enforcement Office after application submitted in accordance with the provisions set forth in § 13-604.
5. 
A food vending permit fee, as set by resolution of Town Council from time to time, shall be paid to the Town of Bloomsburg within five days of the granting of the food vending permit. If such fee is not timely paid, the permit shall be void and available to another applicant.
6. 
Within five days of issuance of the food vending permit, the applicant shall register with the Department of Revenue of the Commonwealth of Pennsylvania for taxing purposes and with the Town of Bloomsburg Local Tax Administrator with regard to the Town of Bloomsburg business privilege/gross receipts tax.
[Ord. No. 1022, 4/26/2021]
1. 
An application for a food vending permit shall be submitted on a form made available by the Town of Bloomsburg.
2. 
No fee is required to be submitted at the time of application for a food vending permit. The permit fee shall be paid prior to the issuance of the permit by the Code Enforcement Office.
3. 
Applications for food vending permits shall be submitted in accordance with the following subsections, and permits shall be issued on a first-come, first-served basis:
A. 
Persons who hold previously issued food vending permits may submit an application for renewal no more than 30 days prior to the expiration of an existing permit. Upon expiration of a food vending permit, the permit holder shall have a grace period of 15 days to reapply. Food vending is not permitted during the grace period.
B. 
If the number of applications submitted exceeds the number of food vending permits available, the Code Enforcement Office will notify applicants of denials in writing.
[Ord. No. 1022, 4/26/2021]
1. 
The number of food vending permits for street vendors shall be limited to the number of locations established by Town Council of the Town of Bloomsburg. Each location shall be limited to one street vendor.
2. 
The number of food vending permits for food vendors shall be limited to the locations as established by the Town Council of the Town of Bloomsburg.
[Ord. No. 1022, 4/26/2021]
1. 
Street Vending.
A. 
Street vending shall be permitted only between the hours of 9:00 p.m. and 3:00 a.m., seven days per week, in designated locations, and such time period shall include setup and cleanup time. Street vendors are permitted to utilize approved municipal parking lots, as set forth in Subsection 2A.
B. 
In the event that the location assigned on the food vending permit is occupied by a vehicle between 9:00 p.m. and 3:00 a.m., the street vendor may occupy the first open parking space on either side of the assigned space. If the location designated in the permit is under repair, Town Council may consider the use of an alternate location until repairs are completed.
C. 
Street vendors shall not block the visibility of an established business during established hours of operation without the expressed consent of the business owner.
2. 
Food Truck/Trailer Vending.
A. 
Food truck/trailer vending shall only be permitted on Town property in approved municipal metered parking spaces and shall not be conducted between the hours of 3:00 a.m. and 7:00 a.m. Municipal parking spaces are not reserved or guaranteed for food vendors. Food vendors are responsible for applicable parking regulations; however, meter fees will be waived for food vendor permit holders while food vendors are conducting business.
B. 
Food truck/trailer vending shall also be permitted on paved commercial use lots located within the Downtown Commercial Zoning District with the expressed consent of the property owner. Such consent shall be in writing and shall be kept in the food truck or food trailer at all times.
C. 
Food vendors shall not locate their food truck or food trailer adjacent to or block the visibility of an established business during established hours of operation without the expressed consent of the business owner.
D. 
A food truck or food trailer shall utilize no more than two adjacent parking spaces in municipal parking lots for a maximum of five consecutive hours, and such time period shall include setup and cleanup time.
E. 
Food trucks and food trailers shall not be greater than 28 feet in length.
F. 
No more than a total of two food vendors shall occupy a specific municipal parking lot at any given time.
3. 
In the event that a special function that is approved by the Town of Bloomsburg, which is scheduled and coordinated by an organization to be held on the streets where food vending is permitted under this Part, shall conflict with the hours that food vendors and street vendors are permitted to operate their businesses, the food vendors and street vendors shall not operate within 600 feet of the defined area of the approved special function, unless the food vendors and street vendors secure permission from the special function permit holder.
[Ord. No. 1022, 4/26/2021]
The issuance of a food vending permit under this Part shall not create a real estate interest in any permitted space as a leasehold or otherwise, and the holder of the food vending permit shall be a licensee.
[Ord. No. 1022, 4/26/2021]
1. 
All signage displayed by food vendors and street vendors shall display only food and beverages for sale by said food vendors and street vendors. Signage shall comply with supplementary sign regulations of the Town of Bloomsburg Code of Ordinances.
2. 
Food trucks, food trailers, and vending carts shall be maintained and kept in a sanitary condition.
3. 
Food trucks, food trailers, and vending carts must obtain and maintain a ServSafe® certificate and 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 permit issued by the Department of Agriculture shall be prominently displayed on the food truck, food trailer, or vending cart, and a copy shall be provided to the Town of Bloomsburg Code Enforcement Office at the time of issuance of the food vending permit.
4. 
The food vending permit issued by the Town of Bloomsburg shall be prominently displayed on the food truck, food trailer, or vending cart.
5. 
A vending cart must have at least two wheels to allow for movement to another location in case of an emergency.
6. 
Food vendors and street vendors shall provide a trash receptacle with a tight-fitting lid for the collection of trash generated by their businesses. Food vendors and street vendors shall be responsible for proper disposal of the trash generated by their businesses whenever the trash receptacle becomes full or, at a minimum, at the conclusion of the day's operation; however, under no circumstances shall food vendors or street vendors dispose of the accumulated trash in trash receptacles provided by the Town of Bloomsburg.
7. 
Food vendors shall have a handwashing sink with hot and cold running water and a posted sign indicating that "employees must wash hands and comply with the regulations of the Department of Agriculture."
8. 
Only single-service articles, plates, or utensils may be used to dispense food and beverages, and articles, plates, or utensils which require washing shall not be used in food vending.
9. 
All refuse must be recycled in accordance with the Town of Bloomsburg Recycling Ordinance.
10. 
All food trucks, food trailers, and vending carts shall be equipped with a serviceable fire extinguisher.
11. 
All food vendors and street vendors are responsible for the removal and proper disposal of all grease and wastewater generated by their business. No dumping of materials will be permitted in storm drains on Town property or on private property within the limits of the Town of Bloomsburg.
[Ord. No. 1022, 4/26/2021]
1. 
Vending carts shall be placed in the center of the parking spaces where they are permitted to operate.
2. 
Vending carts shall be placed as close as possible to the curb when set up in the right-of-way.
3. 
Sales shall take place only from the sidewalks adjacent to the permitted spaces on Main Street and Market Square and in the approved parking lots referenced above, but shall not take place in the right-of-way of the parking lots.
[Ord. No. 1022, 4/26/2021]
1. 
The following shall be prohibited:
A. 
Use of sidewalks or open areas of municipal parking lots for product display, storage, or the disposal of trash.
B. 
Connection of utilities to neighboring properties or Town-owned streetlights.
C. 
Advertising other than the list of food and prices set forth in § 13-608 above.
D. 
Tables, chairs, benches, stools, or other items for customers to use.
E. 
Fold-out shelves, awnings, or canopies that extend into the sidewalk area which interfere with pedestrian traffic. Umbrellas are permitted so long as they do not interfere with pedestrian traffic.
F. 
Propane cylinders in excess of 100 pounds.
G. 
Lighting which is likely to cause objectionable glare or distraction, as determined by either the Code Enforcement Office or the Police Department.
H. 
Sound-amplifying devices to attract attention, verbally hawking or soliciting product sales, and the making of loud or raucous noises.
I. 
Direct sales to motorists.
J. 
Any act that interferes with the free and open movement of persons on a sidewalk and vehicles in the street right-of-way or a municipal parking lot.
K. 
The sale of any nonfood merchandise other than a promotional T-shirt that displays the name of the food vendor. Such sales shall not be considered "peddling" under the Town of Bloomsburg's Transient Retail Business Ordinance.
L. 
The use of a generator is not permitted before 7:00 a.m. or after 10:00 p.m. All generators must be operated in compliance with the Town of Bloomsburg's Nuisance and Hazard Abatement Ordinance (i.e., Noise Ordinance).
[Ord. No. 1022, 4/26/2021]
1. 
Each food vendor and street vendor shall maintain, and provide the Town of Bloomsburg 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; $50,000 coverage for property damage; and list the Town of Bloomsburg as an additional insured on the insurance policies.
2. 
A copy of a food vendor's certificate of insurance or a street vendor's certificate of insurance shall be provided to the Town of Bloomsburg Code Enforcement Office prior to issuance of the food vending permit.
3. 
Food vendors and street vendors shall indemnify, defend, and hold the Town of Bloomsburg harmless from all claims, liabilities, obligations, damages, penalties, costs, and expenses, including reasonable attorney fees and disbursements of any kind or nature, including, but not limited to, actions for personal injury or death, or the assessment of fines or penalties by any governmental agency.
[Ord. No. 1022, 4/26/2021]
1. 
Any person who violates any provision of this Part shall be subject to the revocation of the food vending permit by the Code Enforcement Office. A notice of revocation shall set forth the reasons for the revocation and shall be mailed to the food vendor or street vendor at the address indicated on the food vending permit application.
2. 
A food vendor or street vendor may appeal the notice of revocation to Town Council, on a form provided by the Town of Bloomsburg, within 20 days of the date of mailing of the notice of revocation. The procedure for the appeal shall be as follows:
A. 
Town Council shall hold an informal hearing at the Town Council meeting next following the date of receipt of the appeal in order to review the facts and render a decision.
B. 
If the notice of revocation is upheld, the food vendor or street vendor may request a formal hearing before Town Council, on a form provided by the Town of Bloomsburg, within 20 days of the aforementioned hearing held before Town Council (in the preceding subsection), under the provisions of the Local Agency Act, and a hearing thereunder shall be held upon payment of a fee as set by resolution of Town Council from time to time.
[Ord. No. 1022, 4/26/2021]
Any person violating this Part shall, upon conviction in a summary proceeding, be sentenced to pay a fine not in excess of $1,000, to be paid to the use of the Town of Bloomsburg, together with costs of prosecution, or be imprisoned for not more than 10 days, or both. Each day of violation shall constitute a separate offense.
[Ord. No. 1022, 4/26/2021]
In the event that any provision of this Part is declared unconstitutional, unlawful, or unenforceable by a court of competent jurisdiction, such declaration shall not affect the validity of the remainder of this Part, or of this Part as a whole, but such shall continue in full force and effect as though the unconstitutional, unlawful, or unenforceable provision had never been a part hereof.