[Ord. No. 2161, 6/30/2021]
The following terms, as used in this Part, shall be defined
as follows:
The Borough of State College, a Home Rule Municipality, Centre
County, Pennsylvania.
The Borough Manager as appointed by the State College Borough
Council pursuant to Section 502.1 of the Home Rule Charter of the
Borough of State College.
Any person, firm, corporation, vendor, or operator within
the Borough engaging in the peddling, selling, or taking of orders,
either by sample or otherwise, of food items to be used or sold for
immediate human consumption, in serving size packages using a mobile
unit either in a stationary position on private or public property
or in a moving position on public streets. This definition shall apply
to any mobile unit who dispenses food items to the public which are
pre-packaged, or are cooked, prepared, and/or assembled, and served
from within the mobile unit.
Mobile units, including food trucks, trailers, stick stands,
carts, and other similar structures that are mobile transitory by
design from which food is stored, prepared, processed, distributed,
or sold. A mobile retail food facility is synonymous with the term
"retail food facility" as defined in PA State Regulation, Title 7,
Chapter 46, PA Food Code.
The rules and regulations adopted by the Commonwealth of
Pennsylvania, State Regulation, Title 7, Chapter 46, Food Code Regulation,
issued under the Retail Food Facility Safety Act of 2010[1] as now enacted and as may be revised from time to time.
A vehicle which is registered, inspected, and carries proof
of financial responsibility (liability insurance) as required by the
Commonwealth of Pennsylvania, Motor Vehicle Code, Title 75.
[1]
Editor's Note: See 3 Pa.C.S.A. § 5701 et seq.
[Ord. No. 2161, 6/30/2021]
Every person defined herein as a mobile food peddler, whether
acting on his own behalf, as principal, or as the employee or agent
of another, shall obtain a license as hereinafter provided:
a.
Application. Application for a mobile retail food facility license
shall be on the forms provided by the Borough. The application shall
be completed in its entirety and signed by the applicant. Each owner
or operator shall make a separate application for each mobile unit
used for peddling. Group or joint applications or licenses, or a license
for fleet or multiple vehicles shall not be permitted, except as provided
in § 9-902f. The applicant shall be responsible for all
processing fees associated with the application.
(1)
A retail food facility plan for review shall be submitted with
the initial application for a mobile retail food facility license.
(2)
Operators shall provide a copy of a contract as proof of using
a grease rendering company (if applicable) within the facility plan
which is contracted to dispose of used cooking grease.
(3)
Operators shall provide information within the facility plan
concerning a potable water source and shall include a copy of a contract
as proof of using a wastewater disposal company (if applicable) which
is contracted to dispose of wastewater.
b.
Processing the Application. The Borough may take up to 30 days, not
including weekends or holidays, to process the application for a mobile
retail food facility license.
(1)
During the processing period, the Borough shall, in all cases
where items are proposed to be sold for human consumption, review
and approve the facility plan, including equipment to be used for
the operation in retail sales and ensure compliance with the Commonwealth
of Pennsylvania, State Regulation, Title 7, Chapter 46, Food Code
Regulation, issued under the Retail Food Facility Safety Act of 2010.
The Borough shall also verify the vehicle identification number and
current matching registration and proof of current financial responsibility
(liability insurance) for any vehicle used for the peddling of food
items. The vehicle owner shall also provide, in all cases, proof of
current business liability insurance associated with the product or
products provided for sample or being sold for human consumption.
(2)
Upon review and verification of the information provided on
the application, the Borough's Health Department shall approve
or deny the issuance of a mobile retail food facility license. The
Borough's Health Department shall have the right to deny any
application for just cause.
c.
Responsibility for Payment of Taxes. Mobile retail food facilities
or any persons who conduct business activities on their behalf shall
be subject to the provisions of the Earned Income and Net Profits
Tax and Local Services Tax, as defined under the Local Tax Enabling
Act, amended by Act 32 of 2008. Each person must be registered with
the applicable local tax office and comply with local withholding
requirements and/or self-reporting requirements. In addition to meeting
their local tax obligations, vendors and persons who are conducting
business on their behalf must also comply with the Pennsylvania and
federal tax regulations.
d.
License. The license shall contain the information required on the
application, along with the expiration date, and one of the photographs
that were submitted with the application shall be attached. The license
shall also contain the vehicle registration plate number and state
of issue. The license shall be displayed in a conspicuous location,
on or within the mobile unit, at all times during operation.
e.
Term of License and Fees. The term for a mobile retail food facility
license shall be specified on the license and shall not exceed one
calendar year. The fee for a mobile retail food facility license and
associated fees shall be set by resolution of Council from time to
time.
(1)
A not-for-profit organization shall provide proof of tax exemption
status as required under the Retail Food Facility Safety Act of 2010,
as may be revised from time to time. The not-for-profit organization
shall be charged an application processing fee by the Borough as set
by resolution of Council from time to time and an hourly rate for
inspection by the Borough for compliance with Title 7, Chapter 46,
Food Code Regulation.
f.
Exceptions. The Borough's Health Department shall have the right
to permit an individual or a group application for a temporary mobile
retail food facility license under the following conditions:
(1)
The mobile retail food facility license is in connection with
an event or activity sponsored by or conducted by the Borough of State
College, the State College Area School District, the Downtown State
College Improvement District, Centre Region Parks and Recreation or
the Pennsylvania State University.
[Ord. No. 2161, 6/30/2021]
The Borough's Health Department is authorized to suspend
or revoke, for a specific period of time, any license issued under
this Part under the following circumstances:
a.
If the licensee or others named in the license are convicted of a
felony or misdemeanor during the period, during which the license
is in effect.
b.
If the Health Department determines the status of the authenticity
of the mobile food peddler has changed.
c.
If it is determined that the mobile food peddler has given false
information on the application.
d.
If unsafe or harmful goods are being sold to the public.
e.
If it is determined that the approval of the food handling permits
has been suspended or revoked.
[Ord. No. 2161, 6/30/2021]
Any person whose application for a mobile retail food facility
license is disapproved by the Health Department, or whose license
is suspended or revoked by the Health Department for an administrative
reason, or for violation of any state law or ordinance within this
Borough, may appeal such action to the Borough Manager. Such appeal
shall be in writing and signed by the person and filed in the office
of the Borough Manager within 10 days of the date of such action appealed
from. The Manager shall conduct a hearing within 30 days of the filing
of such appeal and shall notify such person, by written letter mailed
to the permanent address of the person shown on the application, such
mailing to occur 15 days or more prior to the scheduled hearing. In
lieu of mailing such notice, it may be delivered personally to such
person. Following the hearing, the Manager shall affirm the action
appealed from or reverse such action or may modify the action of the
Health Department. The Health Department shall not participate in
the making of such decision but shall be permitted to testify or present
evidence. Any person who disagrees with the Manager's decision
may appeal such decision to the Pennsylvania Commonwealth Court.
a.
Food Code and Related Violations. Any person whose application for
a mobile retail food facility license is suspended or revoked for
violation of Commonwealth of Pennsylvania, Department of Agriculture,
Title 7, Chapter 46, Food Code Regulation, issued under the Retail
Food Facility Safety Act of 2010, may appeal such action to the State
College Board of Health within 10 days. Such appeal shall be in writing
and signed by the person making the appeal and filed in the office
of the Director of the Department of Neighborhood and Community Services.
The State College Board of Health shall conduct a hearing within 30
days of the filing of such appeal and shall notify such person by
written letter mailed to the permanent address of the person shown
on the application, such mailing to occur 15 days or more prior to
the scheduled hearing. In lieu of mailing such notice, it may be delivered
personally to such person. The State College Board of Health may,
by majority vote of members present, affirm, reverse, or modify the
action to suspend or revoke the permit. The decision rendered by the
State College Board of Health shall be final.
[Ord. No. 2161, 6/30/2021]
a.
Certified Food Employee On Duty. Each newly licensed mobile food
peddler selling items used for human consumption shall have, within
their employ and prior to operation, at least one certified food employee
who is available and with the unit at all times or available by phone.
Mobile food peddlers that sell only commercially pre-packaged, or
non-potentially hazardous food shall be exempt from this requirement.
b.
Used Cooking Grease and Wastewater Disposal. Each mobile food peddler
shall be responsible for the proper disposal of used cooking grease
and wastewater (if applicable) and shall have a company under contract
to comply with the terms of this Part. A mobile retail food facility
license may be immediately revoked for the improper disposal of cooking
grease or wastewater.
c.
Refuse and Recyclable Materials. Operators shall provide their own
containers for the disposal of refuse and recyclable materials generated
as a result of retail sales and shall not use trash receptacles provided
for public use on any sidewalk or right-of-way within the Borough,
nor shall they use privately owned dumpsters within the Borough. Commercial
solid waste generated within the Borough and disposed of in any residential
area within the Commonwealth of Pennsylvania is prohibited. Operators
may use any community shared dumpster for the disposal of solid waste.
Recycled corrugated cardboard receptacles provided at various locations
throughout the Commercial District may be used for cardboard recycling.
d.
Each mobile food peddler shall be responsible for the cleanup of
any refuse or litter which may be deposited by the operator or clientele
in their area of operation.
e.
Motor Vehicle Compliance. Each vehicle used for peddling and operating
within the Borough shall bear a valid registration plate, valid inspection
sticker and proof of financial responsibility (vehicle liability insurance)
in accordance with Title 75, the Pennsylvania Motor Vehicle Code.
[Ord. No. 2161, 6/30/2021]
Mobile food peddlers may conduct business in any commercial
zoning districts. Operation of a mobile retail food facility may be
permitted in any other zoning district, including a residential zoning
district, on public or private property, with the submission of a
special event application and subject to approval by Borough Council
and/or the Borough Manager.
[Ord. No. 2161, 6/30/2021]
Mobile food peddlers may conduct business between the hours
of 9:00 a.m. and 10:00 p.m. with the exception of any commercial zoning
districts, in which there are no hourly restrictions.
[Ord. No. 2161, 6/30/2021]
a.
Mobile food peddlers shall not occupy a stationary location on any
public sidewalk, street, or right-of-way, nor shall they conduct business
through a window or over a counter which extends into a roadway laned
for vehicle traffic. There shall be no interference with or blocking
the movement of any pedestrians or vehicles by the mobile food peddler.
b.
Mobile food peddlers shall not remain in a stationary (nonmoving)
location at any time to solicit sales on any street within the Borough
except when an actual sale is taking place. All sales shall be conducted
from the street and along the curb. Mobile food peddlers shall be
prohibited from parking on any public sidewalk or right-of-way within
the Borough.
c.
If a pushcart is used by any mobile food peddler, it shall not be
permitted to remain in a fixed (nonmoving) location on any public
sidewalk or street at any time except when an actual sale is taking
place.
d.
Mobile food peddlers shall not be permitted to park and conduct business
at any parking meter or in any loading zone, handicapped parking space,
commuter zone parking space, or on any public street or in any alley
or other location deemed hazardous by the Borough.
e.
Mobile food peddlers shall not make or cause to be made any loud noise to attract attention except for an initial identifiable repetitive jingle to announce the vehicle arrival and location. Mobile food peddlers shall comply with the requirements of the Noise Control Ordinance as defined in the State College Borough Code, Chapter V, Part A, § 5-103.
No temporary retail sales shall be conducted within the area
designated by Council for the Central Pennsylvania Festival of the
Arts or the First Night during those periods designated by Council
for the conduct of these activities except for those approved by the
Arts Festival Organization. The Arts Festival Organization shall have
the authority to approve or disapprove mobile food peddling operations
within the designated Arts Festival or First Night areas and may limit
the number of mobile food peddlers and further restrict hours of operation
within these designated areas.
f.
Mobile food peddlers shall be prohibited from conducting business
in any parking garage, parking deck or public metered parking lot
within the Borough.
g.
Signage concerning menus and other advertisements associated with
a mobile food peddler shall be limited to the length of the vehicle
times two square feet and shall be located on the vehicle. Sandwich
board, hand billing or other advertisements are prohibited. Additional
advertisement on top of a vehicle shall be limited to one sign, a
maximum length of the vehicle, and shall extend no higher than two
feet above the main portion of the vehicle roof. No sign attached
to a vehicle is permitted to hang over or protrude onto any public
sidewalk, street, alley, or right-of-way within the Borough. No sign
shall move by electronic or mechanical means, flash or include moving
illumination. No sign shall be permitted which is determined to be
a hazard to public safety.
h.
Mobile food peddlers may not operate in a municipal park without
the submission of a special event application and subject to approval
by Borough Council and/or the Borough Manager.
[Ord. No. 2161, 6/30/2021]
Mobile food peddlers may operate on private property within
the Commercial and Commercial Incentive Zoning Districts of the Borough
under the following conditions:
a.
Written permission shall be obtained from the property owner and/or
the property lessee.
b.
In addition to a mobile retail food facility license, a zoning permit
shall be required prior to operation on any privately owned property
should a mobile food peddler use the location for retail sales for
seven or more consecutive days or a lease is established with the
property owner.
c.
The zoning permit fee shall be in addition to a mobile retail food
facility license fee and shall be set by resolution of Council from
time to time.
d.
Mobile food peddlers shall be permitted to operate at a construction
site on private property during those hours in which actual construction
work is taking place, provided the mobile food peddler has permission
from the site manager or foreman.
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All other licensing and permitting provisions of this Part shall
apply.
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[Ord. No. 2161, 6/30/2021]
a.
The mobile food peddler shall be fully contained within the property
of the owner granting permission and shall not extend or operate on
any portion of a public sidewalk, street, alley or other public property
or right-of-way.
b.
Signage concerning menus and other advertisements associated with
a mobile food peddler shall be limited to the length of the vehicle
times two square feet and shall be located on the vehicle.
c.
One sandwich board sign shall be permitted, providing such sign fits
in the approved property where the mobile food peddler is located.
The maximum size of a sandwich board sign shall not exceed an area
of 10 square feet on each face of the sign.
d.
Hand billing or other advertisements shall be prohibited.
e.
Additional advertisement on top of a vehicle shall be limited to
one sign, a maximum length of the vehicle, and shall extend no higher
than two feet above the main portion of the roof.
f.
No sign attached to a vehicle is permitted to hang over or protrude
onto any public sidewalk, street, alley, or right-of-way within the
Borough.
g.
No sign shall move by electronic or mechanical means, flash or include
moving illumination.
h.
No sign shall be permitted which is determined to be a hazard to
public safety.
i.
Operation of a Mobile Retail Food Facility may be permitted in a
residential zoning district on private property with the submission
and approval of a Special Event Application to Borough Council and/or
the Borough Manager.
[Ord. No. 2161, 6/30/2021]
No person, firm, corporation, owner, operator, employee, or
associate of a mobile food peddler licensed under this Part shall
resist or interfere with an authorized representative of the Borough
in the performance of his or her duty while conducting an inspection
for compliance with this Part or any law relating to the Food Code
Regulation, or ordinance relating to retail dealer licensing. An annual
inspection shall be required for mobile food peddlers selling items
used for human consumption.
[Ord. No. 2161, 6/30/2021]
Any person who shall violate any provision of this Part and
is found guilty shall be fined not less than $300 nor more than $1,000
for the first offense, and not less than $600 nor more than $1,000
for the second offense, and $1,000 for the third and subsequent offense
in any 180-day period. Upon failure to pay such fine, the person shall
be sentenced to jail for a term not to exceed 30 days for each offense.
[Ord. No. 2161, 6/30/2021]
This Part shall take effect immediately.
