[HISTORY: Adopted by the Borough Council of the Borough of
West Mifflin 11-16-2021 by Ord. No. 1224. Amendments noted where
applicable.]
A.
BRICK AND MORTAR ESTABLISHMENT
CONSUMER
ENFORCEMENT OFFICER
FOOD
FOOD TRUCK
FOOD TRUCK PARK/COLLECTIVE
FOOD TRUCK PARK/COLLECTIVE PERMIT APPLICATION
FOOD VENDOR
INDEPENDENT PERMIT
INDEPENDENT PERMIT APPLICATION
ISSUING AGENCY
LEGAL HOLIDAY
LIVE ENTERTAINMENT
MOBILE FOOD FACILITY
PERMIT
PERMIT TERM
PUSHCART
REGULATORY AUTHORITY
SELF-CONTAINED MOBILE FOOD FACILITY
SPECIAL EVENT
TEMPORARY FOOD FACILITY (TFF)
As used in this chapter, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
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.
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.
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.
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.
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.
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.
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.
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.
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.
Application for one permit applied for by the vendor, and/or
mobile food facility owner, food truck operator or food truck park/collective.
The issuing agency will be the Borough of West Mifflin.
New Year's Day, Memorial Day, Independence Day, Labor
Day, Thanksgiving Day and Christmas.
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:
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.
Refers to the independent permit. Types of permit options:
daily, weekly, monthly or yearly.
The term of the permit issued by the issuing agency is to
be indicated on the permit.
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.
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.
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.
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.
A food establishment that operates for a period of no more
than 14 consecutive days in conjunction with a single event or celebration.
B.
In this chapter, the singular shall include the plural; the plural
shall include the singular; and the masculine shall include the feminine
and neuter.
It shall be unlawful for any food vendor to serve and/or sell
food from a mobile food facility (MFF) or food truck within the boundaries
of the Borough of West Mifflin without first obtaining a permit from
the Borough of West Mifflin. This includes private property, rights-of-way
and Borough property.
A.
Three types of permit application/uses are available for submittal
to the issuing agency: MFF permit application, a food truck park/collective
permit application, and/or food truck permit application.
B.
The Borough of West Mifflin Council designates the Borough Manager
and West Mifflin Borough Community Development Office to be the agents
of the Borough primarily charged with the responsibility of supervising
the provisions of this section.
C.
An independent permit shall be issued by the Borough of West Mifflin
to each approved applicant in exchange for a completed application
and payment of a fee listed in the Borough of West Mifflin yearly
fee resolution.
E.
The application form for a permit shall be provided by the issuing
agency and can be adapted and/or revised as needed without amendment
to this chapter.
F.
A permit shall be valid from the date on which it is issued for the
term authorized; all permits expire at the end of every calendar year
if not sooner.
G.
Permits are nontransferable, and shall contain the permit number
of the applicant and the term for which the permit is valid.
H.
A food truck park/collective can submit a food truck park/collective
application on behalf of two or more food vendors and/or MFFs. Collectives
must submit full and separate applications for each food vendor, MFF
or food truck.
(1)
Upon determination of eligibility by the issuing agency, the food
truck park/collective shall be issued separate independent permits
for each food truck, food vendor and/or MFF to conduct business as
permitted herein. The permit issued hereunder shall be the property
of the individual food vendor and/or food truck and/or MFF and shall
be revocable for any violation of this chapter.
(a)
The food truck park/collective is subject to all rules of this
chapter and the complete Code of the Borough of West Mifflin as are
all individual food vendors, food trucks and/or MFFs while conducting
business in the Borough of West Mifflin.
I.
If a permit holder loses his or her permit, a replacement permit
can be obtained from the issuing agency for a fee of $5.
J.
No permit shall be issued to any food vendor, food truck and/or MFF
who has had a permit suspended or revoked within the last calendar
year prior to the current application for a permit.
No person shall offer for sale any food from any MFF or food
truck within the Borough without a current and valid permit issued
by the issuing agency; the following must be provided:
A.
The applicant must provide proof of identification issued by a commonwealth,
state or the federal government. The applicant must be at least 18
years old;
B.
Two photos of the food truck or MFF, including front and side;
C.
License plate number;
D.
Copy of vehicle registration;
E.
A valid Pennsylvania driver's license for the vendor;
F.
Proof of current and up-to-date auto insurance for the vending vehicle;
G.
EIN or tax ID number;
H.
Certificate of insurance listing the Borough of West Mifflin as an
additional insured. General liability coverage cannot be less than
$1,000,000:
(1)
License holders with employees must carry worker's compensation
insurance.
I.
A copy of your Allegheny Health Department license (if serving or
preparing any consumable product); and
J.
All food trucks shall be subject to inspection during operation by
the issuing agency for compliance with Borough, county and commonwealth
fire code laws and regulations.
Food vendors, food trucks and/or MFFs conducting business on
private property limitations:
B.
Food vendors, food trucks and/or MFFs can operate by permit in the
following West Mifflin Borough Zoning Districts:
(1)
C-1; C-2; I-1; and I-2.
C.
Food vendors, food trucks and/or MFFs meeting permit requirements
and conducting business from public streets in allowable zones shall
not:
(1)
Park on any public street designated as a no-parking zone;
(2)
Park within a defined accessible parking space as outlined in West Mifflin Borough Code, Chapter 290;
(3)
Park illegally in any manner and defined by the West Mifflin Borough
Code and/or the Commonwealth of Pennsylvania;
(4)
Park in such a manner that will block or cause to be blocked pedestrian
or vehicular traffic, roadways, sidewalks, crosswalks, driveways,
stairways, curb cuts, accessible access ramps nor block access to
buildings, parks, public conveyances, businesses, crosswalks, traffic
control poles containing pedestrian crosswalk button(s), or be within
10 feet of a fire hydrant or within five feet of any fire alarm or
other emergency communication device, including public telephones,
either by the parked location, or by the location of any crowd that
the food vendor, food truck and/or MFF may draw;
(5)
If a food vendor, food truck and/or MFF attracts a crowd sufficient
to obstruct the street or public access to the street or sidewalk,
a police officer may disperse the portion of the crowd that is creating
the obstruction;
(6)
A food vendor, food truck and/or MFF shall provide the minimum pedestrian
passageway on the sidewalk as required by the Americans with Disabilities
Act which is currently five feet;
(7)
Park directly in front of, or any side or rear of a brick and mortar
establishment without written permission; if multiple brick and mortar
establishments are affected, written permission is required from each
brick and mortar establishment;
(8)
Park on a public street fronting any property zoned for or occupied
by a one-family or two-family residence (without acquiring written
permission);
(9)
No more than three food vendors, food trucks and/or MFFs may operate
on any approved Borough block except during a special event;
(10)
No more than one food truck is allowed to operate on any lot
at any given time unless located within an approved food truck park/collective
or during an approved special event;
(11)
During periods of construction on the streets, sidewalks and
infrastructure, the Borough Manager and/or Code Enforcement Office
may from time to time temporarily exclude food vendors, food trucks
and/or MFFs from areas where there are issues of public safety, and
the Borough Manager and/or Code Enforcement Office or his/her designee
may, in their discretion, issue notices of exclusion from areas as
the construction requires.
A.
Food vendors, food trucks and/or MFFs shall not open before the hour
of 8:00 a.m. and shall not operate after the hour of 10:00 p.m. except
within the boundaries of a permitted food truck park/collective which
will not operate after 11:00 p.m.;
B.
A food vendor, food truck and/or MFF cannot park overnight on Borough
streets.
A.
The Borough Manager or his or her designee shall at all times keep
a written list of all food vendors, food trucks and/or MFF permits
in West Mifflin Borough and shall promptly update such list each time
a new permit is awarded, suspended or revoked; and
B.
The issuing agency will provide and post through Borough Police no-parking
signs for all permits issued not located on private property.
The provisions of this section take precedence over any other
Borough regulations and ordinances applicable to food vendors, food
trucks and/or MFFs. To the extent other Borough regulations or ordinances
are applicable and are inconsistent with this section, this section
shall govern.
A.
A food vendor, food truck and/or MFF shall clearly display his or
her permit while serving, and shall allow inspection of the permit
by any Borough of West Mifflin police officer or West Mifflin Borough
staff person on request;
B.
Food vendors, food trucks and/or MFFs may sell other goods or wares
of their own artistic work; subject to approval by the issuing agency;
C.
Food vendor, food truck and/or MFFs shall not tape or post signs
or posters on windows or lean signs against windows so as to obstruct
a clear view through the window;
D.
No flashing or blinking lights, or strobe lights are allowed on food
trucks when the vehicle is parked and engaged in serving customers;
E.
The Pennsylvania State Police, Bureau of Liquor Control Enforcement,
is responsible for enforcing the Pennsylvania Liquor Code and any
regulations thereto; as such, all requirements established by the
commonwealth will be enforced and required of food trucks/collectives
serving alcohol;
F.
Live entertainment during an approved special event shall conform
to rules of the Borough of West Mifflin Ordinance for special events.
The maximum performance time permitted shall be limited to eight consecutive
hours, and may only occur between the hours of 10:00 a.m. to 11:00
p.m. Monday through Saturday, and 1:00 p.m. to 9:00 p.m. Sunday;
G.
Food vendors, food trucks and/or MFFs shall not use stakes, rods,
or any method of support that is required to be drilled, driven, or
otherwise fixed, in asphalt pavement, curbs, sidewalks or buildings;
H.
No food vendor, food truck and/or MFFs on Borough grounds or streets
shall connect to, or cause to be connected to, any source of water
on public or nearby private property as part of preparation to serve
or during service:
(1)
A food vendor, food truck and/or MFF is encouraged to seek electrical
connection to a brick and mortar establishment or residence to avoid
the use of a generator;
(2)
The Borough will not provide electrical service;
(3)
Permission for use of electric is between the owner of the property
and the food vendor, food truck and/or MFF;
(4)
The food vendor, food truck and/or MFF must provide a safe electrical
connection that does not harm or endanger the public or provide or
restrict any public access to streets, sidewalks and/or rights-of-way.
I.
While serving, a food vendor, food truck and/or MFF shall not use
language or gestures, or display any matter which:
J.
Food vendors, food trucks and/or MFFs shall not consume nor be under
the influence of alcoholic beverages or other controlled or intoxicating
substances while serving;
K.
MFFs may not be left unattended or otherwise stored on sites at which
they offer the sale of food and beverage to the public, unless allowed
by the Zoning ordinance;
L.
Food vendors, food trucks and/or MFFs may not conduct business with
any person while such person is situated in a motor vehicle;
M.
The Borough of West Mifflin may at its discretion notify a food truck
park/collective, food vendor and/or MFF that additional police service
may be required, and, as such, the food truck park/collective, food
vendor or MFF may be invoiced for such additional services deemed
as necessary and beyond normal service:
(1)
If the Borough of West Mifflin determines additional services will
be invoiced to the food truck park/collective, food vendor or MFF,
the Borough will provide written notice to the food truck park/collective,
food vendor or MFF five days prior to beginning service that will
be invoiced; and
(2)
Any invoicing estimated by the Borough of West Mifflin that will
or could be charged for more than two consecutive days can be requested
by the Borough to be paid by the food truck park/collective, food
vendor or MFF in advance.
Food vendors, food trucks and/or MFFs shall remove all trash,
waste and other items from the service area used by the food vendor,
food truck and/or MFF.
A.
Food vendors, food trucks and/or MFFs shall provide a suitably sized
receptacle for litter, which shall be located within 10 feet of the
service window of the unit. It shall be maintained and regularly emptied.
All waste generated by the mobile food service unit's operation,
including those associated with its customers and staff, must be disposed
of outside of the Borough or in an approved dumpster within the Borough;
B.
The area of 20 feet surrounding an MFF shall, at all times, be kept
clean and free from litter, garbage, rubble and debris. For purposes
of this section, a MFF shall be responsible for maintaining, in a
safe and hygienic manner, the premises on which it is situated;
C.
Food vendors, food trucks and/or MFFs shall comply with Borough ordinances
regarding sewer discharge and grease remediation; and
D.
Liquid spills within 20 feet surrounding the unit shall be properly
cleaned following each stop.
All Borough, county and commonwealth rules and laws regarding
fire safety will apply to MFFs, food trucks and food truck parks/collectives.
To minimize the threat to public safety from fire, the following apply:
A.
County and/or commonwealth inspectors, Chief of Police, Fire Chief
and/or his/her designee may, in their discretion, inspect any MFF,
food truck or food truck park/collective for fire safety;
B.
Food truck parks/collectives, shall be equipped with a readily accessible
multipurpose dry chemical portable fire extinguisher (one per three
MFFs) with a minimum rating of 2A 10BC and Class K portable fire extinguishers
(one per three MFFs). All required fire extinguishers shall be maintained
in compliance with National Fire Protection Association 10, as amended;
and
C.
Propane and natural gas tanks shall be shut off while the MFF is
in motion, unless the tank is equipped with an impact-detention shutoff
device approved by the United States Department of Transportation.
Propane and natural gas tanks must always be shut off while the MFF
is unattended and/or in overnight storage. Mounted tanks must be secure
(NFPA 58 - 5.2.4) and conform with NFPA standards relating to the
safe mounting of tanks as described in NFPA 58 - 6.23.3.3 and, in
addition, be capable of withstanding impact requirements as required
by the NFPA (NFPA 58 6.23.3.4).
The prohibitions of West Mifflin Borough Code sections which
would otherwise frustrate the purposes of this chapter do not apply
to mobile food vendors otherwise in compliance with this section.
A.
Food vendors, food trucks and/or MFFs must comply with all federal,
commonwealth and local laws when operating within the Borough;
B.
By decision of the West Mifflin Borough Chief of Police or his or
her designee, in the case of an emergency, all food vendors, food
trucks and/or MFFs can be asked to move or relocate for said emergency;
C.
By decision of the Public Works Supervisor or his or her designee,
in the case of an emergency, all food vendors, food trucks and/or
MFFs can be canceled for said emergency;
D.
A permit may be suspended or revoked if a permit holder is found
to have knowingly provided false information on any application or
has violated the rules and regulations of any federal, commonwealth
or local law or ordinance rationally related to this permit;
E.
Nontransferability. A permit issued hereunder shall not be transferable
to any other person or group for the purpose of conducting operations
as a food vendor, food truck and/or MFF defined herein;
F.
A police officer may remove food vendors, food trucks and/or MFFs
for interference with the enforcement activities of the officer, or
any other act which causes imminent danger to the public health or
safety;
G.
The West Mifflin Borough Police Department shall have the authority
to remove or cause the removal of any vending equipment or merchandise
found on the street, sidewalk or other vending location in violation
of any regulations established pursuant hereto. In addition to any
forfeiture, the violator shall be liable for any removal, towing and
storage charges incurred by either department;
H.
The fine and penalty for food vendors, food trucks and/or MFFs without
a permit will be:
I.
The issuing agency may deny approval of a permit application if the
food vendor, food truck and/or MFF have recorded and/or unresolved
fines or penalties from previous years.
The Borough Manager and/or his or her designee may administratively
grant minor variances with conditions. The owner/occupant of the physical
site upon which a food vendor, food truck and/or MFF wishes to operate,
or a food vendor, food truck and/or MFF operator wishing to conduct
business thereon, when accompanied by written authorization from the
property owner/occupier, may request a variance from the terms of
this chapter, where such variance will not be contrary to the public
interest and where, owing to special conditions, strict enforcement
of the provisions of this chapter will, in an individual case, result
in unnecessary hardship; provided, however, that the spirit of this
chapter shall be observed, and public safety and welfare secured.
Such variance may be granted in an individual case upon a finding
by the Borough Manager and/or his or her designee that:
A.
Relief shall not be granted for a use of land or building that is
prohibited by this chapter in the district in question;
B.
The intent and spirit of this chapter is not compromised;
C.
The strict application of this chapter to this particular piece of
property or food vendor, food truck and/or MFF would create an unnecessary
hardship;
D.
The request for relief is due to an unusual or peculiar circumstance;
and
E.
Relief, if granted, would not cause detriment to public safety and
welfare.
It shall be unlawful and a violation hereof for any person to
knowingly and willfully make a false statement to any public official
for purposes of obtaining a permit.
