As used in this chapter, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
BRICK AND MORTAR ESTABLISHMENT
A food service establishment at which food and/or beverages
are sold to consumers and which offer tables or seats for consumers.
This chapter does not recognize fuel/service stations, convenience
stores, grocery/butcher/green grocers as brick and mortar establishments.
CONSUMER
A person who is a member of the public, takes possession
of food, is not functioning in the capacity of an operator of a food
establishment or food processing plant, and does not offer the food
for resale.
ENFORCEMENT OFFICER
Those persons appointed by the Council of the Borough of
West Mifflin to issue permits in the Community Development Department
who shall be charged with the duty of administering and enforcing
this chapter. Police officers of the West Mifflin Borough Police Department
are also authorized to enforce this chapter.
FOOD
Any raw, cooked or processed edible substance, beverage or
ingredient used or intended to be used in whole or part for human
consumption; provided, however, that products in hermetically sealed
containers processed by heat to prevent spoilage and dehydrated dry
or powdered products so low in moisture content as to preclude development
of microorganisms are excluded from the terms of this definition.
Further, raw and uncut meat food from the plant kingdom which has
been grown in the Borough of West Mifflin is excluded from the terms
of this definition.
FOOD TRUCK
A motorized vehicle which may, upon issuance of a permit
by the Borough of West Mifflin and conformance with the regulations
established by this chapter, temporarily park upon a street and engage
in the service, sale or distribution of ready-to-eat food for individual
portion service to the general public, directly from the vehicle.
The term shall include trucks and trailer hitch units used for food
vending and encompasses all mobile food service units with the exception
of pushcarts. Food trucks shall be no larger than 30 feet by eight
feet. Application for a permit is required and payment of associated
fee.
FOOD TRUCK PARK/COLLECTIVE
An area on private property approved by the issuing agency
to accommodate two or more food trucks. Food truck park/collective
permit has an associated fee and application and is applied for in
writing to the issuing agency. Food truck park/collective permit will
be in effect from the issuing agency until business is permanently
closed or by the Borough of West Mifflin revoking said permit. These
uses are only permitted in the following zoning districts: C-1, C-2,
I-1, I-2.
FOOD TRUCK PARK/COLLECTIVE PERMIT APPLICATION
Application for more than one permit applied for by the owner
and/or operator of a food truck park/collective on behalf of individual
mobile food facilities. This permit application option allows multiple
vendors and/or mobile food facilities to be submitted at one time
by the food truck park/collective. All permits if issued will be allocated
as independent permits for every food vendor.
FOOD VENDOR
Any person who transports, distributes, or sells to the public
foods, prepared foods or readily perishable food of a kind deemed
by the health officer to be capable of causing human foodborne illness
from a truck, trailer, cart, bicycle or other vehicle. "Readily perishable
foods" shall mean any food, beverage or ingredients consisting in
whole or in part of milk, milk products, eggs, meat, fish, poultry
or organisms which can cause food infections or food intoxication.
INDEPENDENT PERMIT
Permit issued directly to a food truck park/collective, food
truck or the owner of a mobile food facility by the regulatory authority
that authorizes the use.
INDEPENDENT PERMIT APPLICATION
Application for one permit applied for by the vendor, and/or
mobile food facility owner, food truck operator or food truck park/collective.
ISSUING AGENCY
The issuing agency will be the Borough of West Mifflin.
LEGAL HOLIDAY
New Year's Day, Memorial Day, Independence Day, Labor
Day, Thanksgiving Day and Christmas.
LIVE ENTERTAINMENT
Any entertainment involving performances, or delivery of
entertainment by one or more persons. Live entertainment may or may
not be amplified. The following are considered live entertainment
performances:
(5)
Karaoke; comics/comedians; and
MOBILE FOOD FACILITY
A moveable retail food facility, such as a stand, bicycle,
trailer, vehicle, cart, basket, box or similar structure or conveyance,
from which food is stored, prepared, processed, distributed, or sold
operating as an extension of and under the managerial authority of
the permit holder of its permitted base of operation. These are not
food trucks, but include uses such as hotdog carts, shaved ice stands
and similar uses.
PERMIT
Refers to the independent permit. Types of permit options:
daily, weekly, monthly or yearly.
PERMIT TERM
The term of the permit issued by the issuing agency is to
be indicated on the permit.
PUSHCART
A cart that is limited to minimal cooking, holding and serving
of plated, wrapped, or frankfurter-like foods that is human-propelled,
self-contained, enclosed and no larger than five feet by 10 feet.
REGULATORY AUTHORITY
The Borough of West Mifflin, Allegheny County, Commonwealth
of Pennsylvania, or federal enforcement body or authorized representative
appointed by West Mifflin as having jurisdiction over mobile food
vendors.
SELF-CONTAINED MOBILE FOOD FACILITY
A facility that meets the same requirements as a permanent
facility where all the food preparation is done in the facility. As
a minimum, the facility must have mechanical holding facilities, gas
or electric cooking equipment, water tanks, hand sinks, three compartment
sinks, storage for all food, single-service items, and cleaning supplies.
SPECIAL EVENT
A planned public gathering organized by a person(s), group
or business, which has obtained a Borough of West Mifflin special
events permit, block party/street closure permit or permission for
the Borough of West Mifflin.
TEMPORARY FOOD FACILITY (TFF)
A food establishment that operates for a period of no more
than 14 consecutive days in conjunction with a single event or celebration.