[HISTORY: Adopted by the Borough Council of the Borough of Royersford 7-16-1971 by Ord. No. 460 (Ch. 13, Part 3, of the 1990 Borough Code of Ordinances). Amendments noted where applicable.]
[Amended 9-11-2012 by Ord. No. 856]
A. 
As used in this chapter, the following terms shall have the meanings indicated:
PERSON
Any natural person, partnership, limited partnership, association, corporation, limited liability company, nonprofit organization or any other legally recognized entity.
TRANSIENT RETAIL BUSINESS
(1) 
Engaging in peddling, canvassing, soliciting or taking orders, either by sample or otherwise, for any goods, wares, merchandise or services, upon any of the streets or alleys, sidewalks or public grounds, or from structure to structure (including, but not limited to, dwellings, commercial buildings, institutional buildings, mobile homes or professional or business offices), within the Borough of Royersford; or
(2) 
Engaging in canvassing, soliciting or offering any service (such as home improvements, utility services or telecommunications services) upon any of the streets or alleys, sidewalks or public grounds, or from structure to structure (including, but not limited to, dwellings, commercial buildings, institutional buildings, mobile homes or professional or business offices), within the Borough of Royersford; or
(3) 
Selling, soliciting or taking orders for any goods, wares or merchandise, from a fixed location within the Borough, on a temporary basis, which shall include, but shall not be limited to, such activities conducted at the time of special occasions or celebrations, for seasonal purposes, or for or in advance of specific yearly holidays.
B. 
In this chapter, the masculine shall include the feminine and neuter, the singular shall include the plural, and the plural shall include the singular.
[Amended 10-14-1980 by Ord. No. 588; 10-30-1990 by Ord. No. 715; 9-11-2012 by Ord. No. 856]
A. 
No person shall engage in any transient retail business within the Borough of Royersford without first having obtained from the Borough Manager or Police or designee a license for which the fee shall be as established from time to time by the Borough Council by resolution, which shall be for the use of the Borough. The license shall be in effect for a period of not more than 45 calendar days from its date of issue. Licenses may be renewed for additional periods upon payment of the fee hereinabove provided for and the submission of any amendment of the original application necessary to reflect any changes in the information therein contained. Provided, however, no license fee shall be charged under this section 1) to farmers selling their own produce; 2) for the sale of goods, wares and merchandise, donated by the owners thereof, the proceeds whereof are to be applied to any charitable or philanthropic purpose; or 3) to any manufacturer or producer in the sale of milk or milk products, bread and bakery products, or meat and meat products, but all persons exempted under 1) and 2) hereof from payment of the license fee shall be required to register with the Borough Manager or Police or designee and to obtain a license without fee. Provided further: any person dealing in one or more of the hereinabove-mentioned exempted categories, and selling other goods, wares or merchandise not so exempted, shall be subject to the payment of the license fee fixed by this section for his activities in connection with the sale of goods, wares and merchandise not in such exempted categories. Provided further: the Borough Manager or Police or designee may similarly exempt from payment of the license fee, but not from registering with him/her, persons working without compensation and selling goods, wares and merchandise for the sole benefit of any nonprofit organization. Provided further: a license issued under provisions of this chapter shall be issued on an individual basis to persons engaging in such transient retail business or to a corporation whose employees are engaged in the transient retail business in the Borough of Royersford, provided that the corporation applying for such license shall simultaneously provide the Borough with a list of its specific employees who will be engaging in transient retail business and shall amend such information from time to time as is necessary but at least 48 hours before any individual engages in transient retail business in the Borough of Royersford.
B. 
Licenses to engage in transient retail business activities at or during special events shall be available upon completion of the application required by § 438-3. Such special event licenses shall be effective for only one day and no longer. No person shall engage in any transient retail business within the Borough at any special event without first having obtained from the Borough Manager or Police or designee a license for which the fee shall be as established from time to time by the Borough Council by resolution. Special events shall include, but are not limited to, the Royersford Borough Halloween Parade and Royersford Borough Community Day. Borough Council shall have the sole discretion to determine whether an event is a special event subject to this section.
C. 
Notwithstanding the provisions of § 438-2 and this chapter, any person engaging in any transient retail business at a farmers' market shall be exempt from the license requirements contained in § 438-2 if the following conditions have been satisfied:
[Added 7-25-2023 by Ord. No. 927]
(1) 
The market organizers, being those persons responsible for the organization and management of a farmers' market, hold a current master license, after approval of such application from the Borough Manager and payment of the fee for the master license, which shall be established from time to time by the Borough Council by resolution;
(2) 
The provisions relating to a transient retail business license shall apply to the master license;
(3) 
The person engaging in any transient retail business at a farmers' market has registered with the market organizers;
(4) 
The person engaging in any transient retail business at a farmers' market is in full compliance with all state, federal and local rules and regulations, particularly with regard to food safety.
[Amended 9-11-2011 by Ord. No. 856]
Every person desiring a license under this chapter shall first make application to the Borough Manager or Police or designee for such license. If such person shall also be required to obtain a license from any state or county officer, he/she shall, when making such application, exhibit a valid state or county license. In such application, such person shall give his name and address; his previous criminal record, if any; the name of the person by whom he/she is employed; the type of goods, wares and merchandise or services offered for which such license is to be issued; and the type and license number of the vehicle to be used, if any. Applications received from a business or nonprofit organization, such as a corporation, partnership, limited partnership, limited liability company, nonprofit organization or association, shall include a list of the individuals who may engage in transient retail business activities within the Borough. Said list shall include the individual's name, business address, business telephone number, e-mail address, state driver's license number, the individual's supervisor's name, and the supervisor's direct telephone number and mail address. Applicants shall also include a completed and fully executed State Police Criminal Record Request Form for each person.
[Amended 9-11-2011 by Ord. No. 856]
Upon receipt of such application and the prescribed fee, the Borough Manager or Police, or designee, if he/she shall find such application in order, shall issue the license required by this chapter. Such license shall contain the information required to be given on the application therefor. Every license holder shall carry such license upon his person, if engaged in a transient retail business from structure to structure or upon the streets, alleys, sidewalks or public grounds, or shall display such license at the location where he/she shall engage in such business if doing so from a fixed location. He/she shall exhibit such license, upon request, to all police officers, Borough officials and citizens or residents of the Borough. Additionally, while engaged in transient retail business activities in the Borough, every person or license holder shall wear and display on his or her outer clothing an identification card containing the person's name, photograph and the employer's name.
No person engaged in any transient retail business shall:
A. 
Sell any product or type of product not mentioned in his license.
B. 
Hawk or cry his wares upon any of the streets, alleys, sidewalks or public grounds in the Borough.
C. 
When selling from a vehicle, stop or park such vehicle upon any of the streets or alleys in the Borough for longer than necessary in order to sell therefrom to persons residing or working in the immediate vicinity.
D. 
Park any vehicle upon any of the streets or alleys in the Borough for the purpose of sorting, rearranging or cleaning any of his goods, wares or merchandise or of disposing of any carton or wrapping material or of any stock or wares or foodstuffs which have become unsalable through handling, age or otherwise.
E. 
Engage in such work before 11:00 a.m. or after 5:00 p.m. of any weekday and engage in such work before 12:00 noon or after 5:00 p.m. on Saturdays, except in case of a prior appointment with a resident of a house or dwelling. No person shall engage in any work permitted elsewhere by this chapter on Sundays.
[Amended 9-11-2012 by Ord. No. 856]
F. 
Operate or conduct business from a temporary, fixed location within the Borough, such as a canopy, tent or booth, for more than 14 consecutive days.
[Amended 9-11-2012 by Ord. No. 856]
G. 
Trespass upon the property of another person where signs have been posted prohibiting trespass or enter the property of another where a sign has been posted prohibiting solicitation.
[Added 9-11-2012 by Ord. No. 856]
H. 
Fail to wear and display on his or her outer clothing an identification card containing the person's name, photograph and the employer's name.
[Added 9-11-2012 by Ord. No. 856]
[Amended 9-11-2012 by Ord. No. 856]
The Borough Manager or Police or designee shall supervise the activities of all persons holding licenses under this chapter, and he/she shall keep a record of all licenses issued hereunder and may, upon request from Borough Council, make a report thereof to the Borough Council.
[Amended 9-11-2012 by Ord. No. 856]
The Borough Manager or Police or designee is hereby authorized to suspend any license issued under this chapter when he/she deems such suspension to be beneficial to the public health, welfare, safety or morals, or for violation of any provision of this chapter, or for giving false information upon any application for a license hereunder. Appeals from any suspension may be made to the Borough Council at any time within 10 days after such suspension. No part of a license fee shall be refunded to any person whose license shall have been suspended.
[Added 8-30-2022 by Ord. No. 918[1]]
The purpose of these regulations[2] is to promote the health, safety, comfort, convenience, prosperity, and general welfare of the citizens of the Borough of Royersford by establishing regulations for the operation of mobile food vendors within the Borough. It is also the intent of these regulations to establish reasonable guidelines and restrictions for mobile food vendors and encourage the safe and convenient use of the Borough's public rights-of-way.
[1]
Editor's Note: This ordinance also redesignated former§ 438-8, Violations and penalties, as § 438-14.
[2]
Editor's Note: The referenced regulations comprise §§ 438-8 through 438-13 of this chapter.
[Added 8-30-2022 by Ord. No. 918]
As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
APPLICANT
Any person or business who applies for a license under the provisions of this chapter.
ENFORCEMENT OFFICER
The Code Enforcement Officer of the Borough of Royersford or any sworn officer of the Borough of Royersford Police Department.
MOBILE FOOD VENDOR
A person who sells, intends to sell or offers to sell food products in or about the streets of the Borough from a mobile food vendor facility.
MOBILE FOOD VENDOR FACILITY
Either a street vending facility or a sidewalk vending facility.
RESTAURANT
An establishment where meals are generally served and eaten on premises; prepares and serves food and drink to customers in return for money, either paid before the meal or after the meal is provided.
[Added 8-30-2022 by Ord. No. 918]
A. 
No person shall commence operation of a mobile food vendor facility in the Borough of Royersford unless the required license has been obtained for the facility from the Borough Manager or Police Department or designee and, if required by the state, any applicable license from the Commonwealth of Pennsylvania Department of Agriculture, or otherwise. This requirement shall not apply to a Borough-sponsored event, including, but not limited to, Community/Unity Day.
B. 
All licenses from the Borough of Royersford and Commonwealth of Pennsylvania shall be prominently displayed at all times during operation of a mobile food vendor facility.
C. 
Upon request from the Enforcement Officer, a mobile food vendor facility must show proof of general liability insurance in the amount of $100,000 per individual and $300,000 per occurrence.
D. 
Any mobile food vendor operating without the required license(s) shall be deemed in violation of this chapter, and the mobile food vendor shall be subject to penalties and fines as provided within this chapter and otherwise provided by law.
E. 
The Enforcement Officer shall be authorized to deny, revoke or suspend operations for any mobile food vendor found in noncompliance with the established requirements.
F. 
Notwithstanding the provisions of § 438-10 and this chapter, any mobile food vendors operating at a farmers' market shall be exempt from the license requirements contained in § 438-10 if the following conditions have been satisfied:
[Added 7-25-2023 by Ord. No. 927]
(1) 
The market organizers, being those persons responsible for the organization and management of a farmers' market, hold a current master license, after approval of such application from the Borough Manager and payment of the fee for the master license, which shall be established from time to time by the Borough Council by resolution;
(2) 
The provisions relating to a mobile food vendor license shall apply to the master license;
(3) 
The mobile food vendor at a farmers' market has registered with the market organizers;
(4) 
The mobile food vendor at a farmers' market is in full compliance with all state, federal and local rules and regulations, particularly with regard to food safety.
[Added 8-30-2022 by Ord. No. 918]
A. 
No mobile food vendor facility shall hereafter sell or offer for sale any products or services within 500 feet of the designated boundaries of any Borough-organized, Borough-sponsored or Borough-sanctioned event or activity unless express permission is obtained from the Borough.
B. 
No mobile food vendor facility on public property or within the public right-of-way shall provide or allow any dining area, including but not limited to tables, chairs, booths, bar stools, benches, and stand-up counters. However, these restrictions shall not apply to Borough-sponsored events, including, but not limited to, Community/Unity Day.
C. 
Consumers shall be provided with single-service, break-resistant dinnerware, drinkware, and serving containers.
D. 
For mobile food vendor facilities on public property, including the Borough's right-of-way, the Borough reserves the right to temporarily move a mobile food vendor facility if the approved location needs to be used for emergency purposes, snow removal, construction, or other public benefit or if the location is required for a Borough-sponsored event.
E. 
All mobile food vendor facilities shall provide for their own trash removal and not use Borough facilities.
F. 
No mobile food vendor facility shall make or cause to be made any unreasonable or excessive noise and shall comply with the Borough's ordinances, including nuisances and noise. No mobile food vendor facility shall use or maintain any outside amplified equipment, flashing/animated lights or noisemakers, nor shall they broadcast music or loud advertisements.
G. 
No mobile food vendor facility is permitted to park or stop to serve customers within a 150-foot radius of any principal customer entrance to any restaurant or food establishment within the Borough during that establishment's hours of operation. However, these restrictions shall not apply to Borough-sponsored events, including, but not limited to, Community/Unity Day.
H. 
No operator of a mobile food vendor facility shall park, stand, or move a vehicle and conduct business within areas of the Borough where the mobile food vendor has not been authorized to operate.
I. 
No mobile food vendor shall hereafter sell or offer for sale any food or nonfood products and services on a public street or that would substantially obstruct a public right-of-way, impair the movement of pedestrians or vehicles, block any sidewalk, or pose a hazard to public safety.
J. 
No mobile food vendor facility shall be operated from private property without the express permission of the property owner.
K. 
All mobile food vendor facilities shall be attended at all times by at least one operator who is at least age 18.
L. 
All mobile food vendor facilities occupying a public space must be in operation within 30 minutes of occupying the space.
M. 
All signage not affixed to the mobile food vendor facility shall meet the requirements of the Borough's Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 475, Zoning.
N. 
No liquid waste or grease is to be disposed in tree pits, storm drains, the Borough's sanitary sewer system, sidewalks, streets, or other public space.
O. 
Unattended vehicles prohibited. No mobile food vendor facility shall be left unattended and unsecured at any time.
[Added 8-30-2022 by Ord. No. 918]
A. 
Authority is hereby conferred upon the Enforcement Officer to promulgate rules and regulations with respect to the specific matters for which such authority is herein granted and to change and modify any and all such rules and regulations from time to time in the manner provided by law, subject to the approval of the Borough Manager, provided that such rules and regulations shall not be inconsistent with the provisions herein and local, state and federal law. A copy of such rules and regulations shall be available in the office of the Borough Clerk.
B. 
When it appears to the Enforcement Officer that the operation of the mobile food vending facility poses an immediate and imminent threat to the public health and safety that will occur if the mobile food vending facility is not immediately closed, the Enforcement Officer shall have the power to order the immediate closure of a mobile food vending facility until such time that the violations complained of have been corrected or the Borough Council or other appropriate hearing board overrules the determination of the Enforcement Officer.
C. 
Nothing set forth in this section may limit the pursuit of other appropriate actions or proceedings at law or in equity available to the Borough.
[Added 8-30-2022 by Ord. No. 918]
A. 
Operation may be denied or suspended by the Code Enforcement Officer for any of the following reasons:
(1) 
The mobile food vendor or any of its principals fail to satisfy any qualification of requirements imposed by this chapter or other local, state or federal laws or regulations; or
(2) 
The mobile food vendor or any of its principals has engaged in operating without a valid license; or
(3) 
The mobile food vendor facility is operated in such a manner as to constitute a public nuisance or safety hazard; or
(4) 
The mobile food vendor, its principals or agents, repeatedly violates any of the provisions of this chapter.
B. 
Upon notice of denial, revocation or suspension of a license, an aggrieved party may appeal to Borough Council by submitting a written notice of appeal to the Enforcement Officer within 10 days following the date of the adverse action.
[Amended 6-28-1988 by Ord. No. 694; 10-30-1990 by Ord. No. 715; 8-11-2020 by Ord. No. 904]
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Montgomery County.