[Ord. 459, 11/6/1978; as amended by Ord. 529, 9/5/1985]
1.
LEGAL HOLIDAY
PERSON
TRANSIENT RETAIL BUSINESS
A.
B.
As used
in this Part:
Includes New Year's Day, Good Friday, Easter, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day, Christmas Day and such
other legal holidays as may be designated by the Commonwealth of Pennsylvania
or the United States of America.
Any natural person, partnership, association, corporation
or other legal entity.
Includes the following:
Engaging in peddling, soliciting, or taking either by sample
or otherwise, for any goods, wares or merchandise upon any street,
alley, sidewalk, or public ground, or from house to house, within
the Borough of Nazareth; and
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.
2.
The singular
shall include the plural, the plural shall include the singular, and
the masculine shall include the feminine and the neuter.
[Ord. 459, 11/6/1978; as amended by Ord. 529, 9/5/1985; by Ord. 595, 10/7/1991; and by Ord.
683, 9/3/2002]
1.
No person
shall engage in any transient retail business within the Borough of
Nazareth without having obtained from the administrative clerk a license,
for which a fee shall be charged. Such fee shall be as established,
from time to time, by Borough Council.
2.
No person
who is engaged in solicitation for political or religious purposes
is required to obtain a license.
3.
No license
fee shall be charged under this Section:
A.
To farmers
selling their own produce.
B.
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.
C.
To any
manufacturer or producer in the sale of bread and bakery products,
meat and meat products, or milk and milk products.
D.
To children
under the age of 18 years who take orders for and deliver newspapers,
greeting cards, candy, bakery products, and the like, or who represent
the Boy Scouts or Girl Scouts or similar organizations.
E.
To any
person who has complied with the provisions of the "Charitable Organization
Reform Act,” 10 P.S. § 161.1 et seq. All persons exempted
hereby from the payment of the license fee shall be required to register
with the administrative clerk and obtain license without fee.
4.
Any person
dealing in one or more of the above mentioned exempted categories,
and dealing with 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.
5.
Every
license issued under the provisions of this Part shall be issued on
an individual basis to persons engaging in such business; every individual
shall obtain a separate license, issued to him in his name, and the
license fee hereby imposed shall be applicable to every such individual
license, except that a representative of a charitable organization
may obtain the licenses for the applicants therein.
[Ord. 459, 11/6/1978; as amended by Ord. 529, 9/5/1985]
1.
Every
person desiring a license under this Part shall first make application
to the administrative clerk for such license. If such person shall
also be required to obtain a license from any State or County officer,
he shall, when making such application exhibit a valid license from
such State or County officer. The applicant shall state:
A.
His name
and address, both permanent and local.
B.
His criminal
record, if any.
C.
The name
and address of the person by whom he is employed.
D.
The type
of goods, wares and merchandise he wishes to deal with in such transient
retail business.
E.
The length
of time for which license is to be issued; and
F.
The type
and license number of the vehicle being used, if any.
[Ord. 459, 11/6/1978; as amended by Ord. 529, 9/5/1985]
1.
Upon receipt
of such application and the prescribed fee, the administrative clerk,
if he shall find such application in order, shall issue the license
required under this Part. Provided, in order to properly investigate
the information contained in the application, the administrative clerk
may require a waiting period of up to 48 hours prior to issuing the
license.
2.
Such license
shall contain the information required to be given on the application
therefore. Every license holder shall carry such license upon his
person, if engaged in transient retail business from house to house
or upon any of the streets, alleys, sidewalks or public grounds, or
shall display such license at the location where he shall engage in
such business if doing so at a fixed location. He shall exhibit such
license, upon request, to all police officers, Borough officials and
citizens of the Borough.
[Ord. 459, 11/6/1978; as amended by Ord. 529, 9/5/1985]
1.
No person
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, sidewalks or public grounds
in the Borough.
C.
When
operating 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 there from to persons residing 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, wrapping material or
of any stock or wares or foodstuffs which have become unsalable through
handling age or otherwise.
E.
Engage
in any business activity at any time on a Sunday or legal holiday
or at any time before 9:00 a.m. or after 8:00 p.m. any day of the
week other than a Sunday or legal holiday.
[Ord. 459, 11/6/1978; as amended by Ord. 529, 9/5/1985]
The Chief of Police shall supervise the activities of all persons
holding licenses under this Part, and the administrative clerk shall
keep a record of all such licenses hereunder.
[Ord. 459, 11/6/1978; amended by Ord. 529, 9/5/1985]
The Chief of Police is hereby authorized to suspend or revoke
any license issued under this Part when he deems such suspension or
revocation to be beneficial to the public health, safety or morals,
for violation of any provisions of this Part, or for giving false
information upon any application for a license hereunder. Appeals
from any suspension or revocation may be made to the Council at any
time within 10 days after such suspension or revocation. No part of
a license fee shall be refunded to any person whose license shall
have been suspended or revoked.
[Ord. 459, 11/6/1978; as amended by Ord. 529, 9/5/1985; and by Ord. 595, 10/7/1991]
Any person who shall violate any provision of this Part shall,
upon conviction thereof, be sentenced to pay a fine not exceeding
$600 and costs and, in default of payment thereof, shall be subject
to imprisonment for a term not to exceed 30 days. Each day that a
violation of this Part continues shall constitute a separate offense.
[Ord. 868, 4/4/2022]
The Borough of Nazareth finds that allowing mobile food vendors
to operate, subject to practical regulations and limitations, is beneficial
to persons living and working within the Borough. This Part recognizes
the unique physical and operational characteristics of mobile food
vending, establishes standards for mobile food vending operations
and promotes practices that serve the health, safety, and welfare
of the public.
[Ord. 868, 4/4/2022]
The following words, terms, and phrases, when used in this Part,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The Borough of Nazareth, Northampton County, Pennsylvania.
Those products that are ready for immediate consumption,
including prepackaged food and food cooked, prepared, or assembled
on-site.
A permanent brick and mortar business located in the Borough
which collaborates with a food truck operator to host a food truck
event.
A non-motorized, non-enclosed vehicle, including, but not
limited to a pushcart, wagon, or trailer commonly moved by hand, bicycle
or towed to a specific location by a motorized vehicle, that serves
edible food products and beverages commonly prepared or assembled
elsewhere.
A vehicle or trailer unit in which edible food products are
cooked, prepared, or assembled with the intent to sell such items
to the public, provided further that food trucks may also sell other
edible food products and beverages that have been prepared or assembled
elsewhere. A food truck is a fully enclosed unit which permits food
truck workers to remain in the enclosed unit when cooking, preparing,
assembling, and selling products.
A motorized vehicle which is not stationed at a certain location
in the Borough from which the operator sells only pre-packaged frozen
dairy or water-based food products and pre-packaged beverages. For
purposes of this Part, a non-motorized unit from which such products
are sold shall be considered a food cart.
Any single property parcel or any combination of contiguous
parcels in the Borough that are owned or controlled by a single individual,
entity, or affiliated entities.
A self-contained food service operation, located in a readily
movable motorized, wheeled, or towed vehicle, used to store, prepare,
display, or serve to the public edible food products intended for
individual portion service.
One or more mobile food service vehicles operating in one
location on a certain date with the intent to serve the public.
A food truck, food cart, or ice cream truck and includes
any portable unit that is attached to a motorized vehicle and intended
for use in the operation of a mobile food vendor.
A permit issued by the Borough to a mobile food vendor to
conduct a mobile food service operation in the Borough.
To sell food, beverages, and other permitted items from a
mobile food service vehicle and includes all tenses of the word.
Any person operating or permitted to operate a mobile food
service vehicle.
The Chief of Police or his or her designee who shall oversee
the issuance, suspension or revocation of mobile food vendor permits.
Every device in, upon or by which any person or property
may be transported or drawn upon a street, including devices moved
by human power.
[Ord. 868, 4/4/2022]
1.
Permit,
Fees. It shall be unlawful to operate as a mobile food vendor within
the Borough unless a mobile food vendor permit has been issued by
the Borough and in compliance with the other requirements of this
Part. Permit fees shall be paid at the time of application in an amount
to be established by Borough Council and set forth in the Borough's
Schedule of Fees. A portion of the permit application fee, as determined
by Borough Council, shall be non-refundable if an application is denied
after review.
2.
Mobile
food vendors must comply with all federal, state, and local licensing,
which includes up-to-date records on health inspections, as well as
all other permitting regulations and all business tax, sales tax,
and other tax requirements.
3.
The Borough
Council shall promulgate rules and regulations as necessary, supplemental
to the provisions herein, for the purpose of carrying out the administration
and enforcement of this Part.
[Ord. 868, 4/4/2022]
1.
Event
Host. All applicable mobile food vendors who wish to operate in the
parking lane of a street open to vehicular traffic shall have an event
host act as a co-applicant on a food truck or food cart operator’s
application for permit. Event hosts shall not be permitted to host
an event for a minimum of seven days following an event by that same
host. Event hosts shall provide adequate restroom facilities for the
mobile food vendor’s workers and shall ensure that the operation
area is clean and free from trash or debris following the event.
2.
Food Trucks. Food trucks shall be parked or stationed only within the public right-of-way/parking lane adjacent to the physical location of its affiliated event host as stated in Subsection 1 above. When parked or stationed, a food truck must be positioned to comply with the requirements of § 13-206, Subsection 2, herein. A food truck may be located on Borough property if specifically permitted by the Borough. Such permission shall be specifically stated in the mobile food vendor permit. A food truck may operate on private property subject the provisions of Subsection 5 below.
3.
Food Carts. Food carts shall be parked, stationed, or operated only on streets that are closed to vehicular traffic unless the food cart and workers are adequately protected by “jersey type” barriers (supplied by vendor or event host) positioned to comply with the requirements of § 13-206, Subsection 2, herein. If a mobile food vendor wishes to operate within jersey barriers on a street open to vehicular traffic, they are subject to the requirements of Subsection 1 above and are restricted to the public right-of-way/parking lane adjacent to the physical location of its affiliated event host. A food cart may be located on Borough property if specifically permitted by the Borough. Such permission shall be specifically stated in the mobile food vendor permit. A food cart may operate on private property subject the provisions of Subsection 5 below.
4.
Ice Cream Trucks. Ice cream trucks may operate from the right-of-way in any area of the Borough for no more than 15 minutes before relocating to another location not less 500 feet from the previous stop. When operating in the public right-of-way, an ice cream truck must be positioned to comply with the requirements of § 13-206, Subsection 2, herein. An ice cream truck may operate on Borough property if specifically permitted by the Borough. Such permission shall be specifically stated in the mobile food vendor permit. An ice cream truck may operate on private property subject the provisions of Subsection 5 below.
5.
Private property. A mobile food vendor intending to sell to the public may operate on private property if the vendor obtains a mobile food vendor permit and the activity is allowed as a permitted use under Chapter 27 (Zoning) of this Code, subject to the following conditions:
A.
Permission.
A mobile food vendor selling to the public from private property shall
have the written permission of the property owner, which shall be
made available to the Borough immediately upon request.
B.
Unimproved
properties. Regardless of any agreement with the owner of the property,
a mobile food vendor may not operate on an unimproved parcel. For
purposes of this section, a parcel is considered "improved" if it
contains a building that may be occupied pursuant to applicable building
codes or contains a parking area or lot which services an adjacent
building that may be occupied pursuant to applicable building codes.
C.
Maximum
number of a mobile food vendors. No more than two mobile food vendor
may operate at any private property location at one time unless authorized
by the Borough.
D.
Placement
on private parking lot. A mobile food vendor’s operation, including
any canopies, signage, equipment, and seating areas, may not occupy
more than three parking spaces per mobile food service vehicle. A
mobile food service vehicle, parked at a location without designated
parking spaces, shall not block fire lanes, designated traffic lanes
or ingress or egress to or from a building or street.
[Ord. 868, 4/4/2022]
Mobile food vendors may operate anytime beginning at 8:00 a.m.
until 9:00 p.m. unless otherwise restricted by the operator's mobile
food vendor permit or by the property owner. The Borough may permit
extended hours of operation, but no vendor shall park a mobile food
service vehicle in the right-of-way or on Borough property overnight
except as permitted in conjunction with a street closure or special
event.
[Ord. 868, 4/4/2022]
1.
Vehicle
requirements.
A.
Design
and construction. Mobile food service vehicles must be specifically
designed and constructed for the purpose of preparation and sale of
the specific type of food being sold and may not operate in any manner
that is not compatible with the purpose for which the vehicle has
been designed and constructed.
B.
Licensing.
Mobile food service vehicles must be permitted and equipped in accordance
with the rules and regulations of all local, state, and federal agencies
having jurisdiction over such vehicles. The preparation and sale of
food from mobile food service vehicles must comply with all applicable
local, state, and federal laws and regulations.
2.
Operating
in the Right-of-way.
A.
Reserved
Parking Placard. The mobile food vendor or event host shall obtain
from the Borough Police Department a “reserved parking”
placard which shall be affixed to the parking meter of any metered
parking space occupied or blocked from public use by a mobile food
service vehicle or operation. Reserved parking placards shall be affixed
to any applicable parking meter a minimum of 24 hours prior to the
start of the event. Reserved parking placards shall not be required
when the street is closed for a special event.
B.
Mobile
food service vehicles shall park facing the same direction as traffic,
at no more than 12 inches between the curb face or edge of pavement
and with the service window of the vehicle facing the curb or edge
or pavement.
C.
When
a mobile food service vehicle is permitted to operate in the public
right-of-way, no seating area shall be provided in the public right-of-way,
except as permitted in conjunction with a street closure for a special
event.
3.
Business
access. No mobile food service vehicle may operate in a location that:
4.
Pedestrians.
If on or adjacent to a sidewalk, the components of a mobile food service
vehicle's operations, including signage, seating areas and patron
queue may not reduce the clear pedestrian path of travel on the sidewalk
to less than four feet. All awnings or canopies of the vehicle shall
be securely anchored and provide a minimum clearance of six feet,
eight inches above the sidewalk.
5.
Safety
and fire prevention.
A.
All cooking,
heating and electrical equipment and all cooking practices must comply
with applicable safety regulations, including applicable fire and
electrical codes and any other safety requirements imposed by the
Borough's fire code official.
B.
No power
cord, cable or equipment shall be extended across any public street.
Power cords, cables, or equipment extended across a sidewalk, walkway
or other public area must be properly secured and marked to prevent
a hazardous condition.
C.
All mobile
food service vehicles must be equipped with a 2A-10BC fire extinguisher
that is inspected annually and certified as meeting National Fire
Protection Association standards.
D.
All mobile
food service vehicles with a generator must provide a 3A-40BC fire
extinguisher.
E.
All food
service vehicles utilizing a deep fat fryer must provide a type K
fire extinguisher in addition to the required extinguisher requirements
set forth in this ordinance.
F.
The maximum
amount of LPG gas that can be stored/used is two 100-pound tanks.
LPG storage tanks shall only be stored/used on the exterior of the
mobile food service vehicle; furthermore, all piping and fittings
for the distribution and use of LPG gas must be UL or FM approved.
G.
Any type
of cooking inside the mobile food service vehicle that produces grease
laden vapors is required to be protected with an NFPA 96 compliant
fire suppression system.
H.
All vendors
must maintain a clearance of at least 10 feet away from buildings,
structures, vehicles, and any combustible materials and must also
maintain a clearance of at least 15 feet from a fire hydrant.
I.
Any engine-driven
source of power must be separated from the public by barriers, such
as physical guards, fencing, or enclosures.
J.
Any engine-driven
source of power shall comply with the following:
6.
Solid
fuel safety (wood, charcoal).
A.
Solid
fuel must not be stored above any heat producing appliance or vent.
B.
Solid
fuel must not be stored closer than 3ft to any cooking appliance.
C.
Solid
fuel must not be stored near any combustible liquids, ignition sources,
chemicals, and food supplies and packaged goods.
D.
Solid
fuel must not be stored in the path of the ash removal or near removed
ashes.
E.
All Ash
cinders, and other fire debris should be removed from the firebox
at regular intervals and at least once a day.
F.
Removed
ashes, cinders, and other removed fire debris should be placed in
a closed, metal container located at least three feet from any cooking
appliance.
8.
Support
methods. No mobile food service vendor shall use stakes, rods or any
other method of support that must be drilled, driven or otherwise
fixed into or onto asphalt, pavement, curbs, sidewalks, or buildings.
9.
Spills.
To prevent discharges into waterways, drainage systems or public sewer
systems, each food truck operation shall comply with all storm water
regulations of the Borough and all regulations regarding prohibited
discharges to public sewers. In addition, each vehicle shall have
a spill response plan to contain and remediate any discharge from
the vehicle.
10.
Waste
collection. The area of a mobile food service vehicle operation must
be always kept neat and orderly. During each period of operation at
a location, the operator must provide proper trash receptacles for
public use that are sufficient and suitable to contain all trash generated
by the mobile food service vehicle operation. All trash receptacles
must be emptied when full, and all waste must be removed prior to
departure of a mobile food service vehicle from a location.
11.
Pedestrian
service only. Mobile food service vehicles shall serve pedestrians
only. Drive-up or drive-by service is prohibited.
12.
Signage.
Signage for each mobile food service vehicle shall be limited to signs
on the exterior or interior of the vehicle and one sandwich board
sign. All signs on the exterior of the vehicle shall be secured and
shall not project more than six inches from the vehicle. One sandwich
board sign may be placed outside the mobile food service vehicle,
provided that the base of a sandwich board sign is placed no further
than six feet beyond the mobile food service vehicle. Sandwich board
signs shall not exceed eight square feet per side or 48 inches in
height and shall not obstruct or impede pedestrian or vehicular traffic.
13.
Alcohol
sales. Food trucks shall not sell alcoholic beverages, unless specifically
permitted by the Borough and according to applicable state law.
14.
Insurance.
A.
Mobile
food service vehicles must maintain all motor vehicle insurance coverage
required by applicable state and federal laws and regulations.
B.
Mobile
food service vehicles operating on Borough property other than the
right-of-way shall always maintain such additional insurance coverage
as may be required by the Borough. In the event the required coverage
is not properly maintained, permission to operate on Borough property
will be immediately revoked.
15.
Exterior
cooking equipment. Any food preparation equipment outside of the mobile
food service vehicle shall not obstruct vehicular or pedestrian traffic,
and the use and operation of such equipment shall not create safety
hazards for the public. Food shall not be served to customers directly
from any outside food preparation equipment. Any smoker or other exterior
equipment that generates heat shall be surrounded with at least three
traffic safety cones supplied by the mobile food vendor or event host,
if applicable.
[Ord. 868, 4/4/2022]
1.
All Mobile
Food Vendors are prohibited from:
A.
Operating
in any manner that creates a hazard to the health, safety, or welfare
of the public as determined by a Borough Police Officer, Code Enforcement
Official, Borough Engineer, or other Borough official.
B.
Any area
where they will impede pedestrian traffic.
C.
Consuming
alcoholic beverages while vending.
D.
Vending
in any residential neighborhood, excluding ice-cream trucks, unless
specially permitted by the Borough or as part of a large event authorized
by the Borough.
E.
Parking
where traffic or parking laws or ordinances would be violated.
F.
Parking
in fire lanes, loading zones or other spaces with parking limitations.
G.
Placing
chairs, tables, tents, or other similar items in the right-of-way
or on private property without authorization from the property owner.
H.
Offering
public seating within a mobile food truck or any other mobile vehicle.
[Ord. 868, 4/4/2022]
1.
Required.
The designated permit administrator shall oversee the issuance, suspension
and revocation of mobile food vendor permits. No mobile food service
vehicle may operate within the Borough without a mobile food vendor
permit issued by the Borough. A mobile food vendor permit authorizes
the holder only to engage in the vending of products from a mobile
food service vehicle in compliance with this Code and as specified
on the permit. The mobile food vendor permit must be prominently displayed
when the mobile food service vehicle is in operation. This section
shall not apply to contractual arrangements between a mobile food
service vehicle operator and any individual, group, or entity for
pre-arranged catering at a specific location, provided that the mobile
food service vehicle is not open to or serving the general public.
2.
Application.
A.
In order
to obtain a mobile food vendor permit, a fully completed permit application
shall be submitted to the office of the permit administrator a minimum
of seven calendar days prior to the date of the event. Fully completed
or partially completed permit applications received within seven calendar
days of the event (“late applications”) shall be subject
to an additional “expedited processing fee” in an amount
to be established by Borough Council and set forth in the Borough's
Schedule of Fees. In addition, the permit administrator shall have
the discretion to deny a late application if they determine there
is not sufficient time to properly process the application prior to
the event date.
(1)
Permit applications shall be submitted on a form provided by the
Borough and at a minimum shall include the following information:
(2)
The following information shall be produced only upon request of
the permit administrator or his or her designee:
(a)
A copy of the vehicle registration reflecting the vehicle identification
number (VIN) of the vehicle.
(b)
A copy of the state or county health department permit or permit
applicable to mobile food providers.
(c)
A copy of any alcoholic beverage permits, if applicable.
(d)
A copy of the operator's business permit.
(e)
Proof of motor vehicle insurance coverage.
(f)
A signed acknowledgment that the operator has read this Part and
will comply with all applicable requirements herein.
(g)
Any additional information required by the permit administrator.
B.
Submission
of a permit application for a mobile food vendor permit shall be accompanied
by the applicable permit fees.
C.
Each
mobile food vendor permit holder shall have an ongoing duty to provide
the Borough with notice of any change to any of the information submitted
with its permit application, within 10 days of the change, including
current photographs of the mobile food service vehicle in the event
of any change in the appearance of or signage on the vehicle.
3.
Issuance.
A.
Completed
Application-Payment of Fee. A mobile food vendor permit shall be issued,
except as provided in paragraph 2 below, upon verification by the
permit administrator that an application has been satisfactorily completed
in accordance with the requirements of this section and payment of
the applicable permit fees.
B.
No such
permit shall be issued:
(1)
If the permit administrator determines that any part of the mobile
food service operation, including, but not limited to the vehicle
or the proposed location, pose a threat to the health, safety, or
welfare of the public;
(2)
Cat the discretion of the permit administrator, following review
of a negative criminal history report of the applicant, taking into
consideration the nature, severity, and relevancy of any charges in
which the applicant was found guilty;
(3)
To an operator whose permit is currently suspended or has been revoked
within the preceding 12 months, or to any person who intends to operate
the same mobile food service vehicle for which the operator's permit
is currently suspended or has been revoked within the preceding 12
months.
C.
If the
permit administrator denies the application, such denial shall be
in writing and provided to the applicant within 15 days of receipt
of the application.
4.
Expiration.
All mobile food vendor permits shall expire on December 31 of each
year, or on such alternate date as may be set by the permit administrator.
A mobile food vendor permit may be renewed for the next twelve-month
period, provided that all applicable requirements are met and the
permit is not currently suspended or has not been revoked within the
preceding 12 months. The fees for application and permit renewal shall
be the same as the application and permit fees for a new mobile food
vendor permit.
5.
Transferability.
A mobile food vendor permit may not be transferred except as part
of the sale of a controlling interest in a business holding the permit
or a sale of substantially all of the assets of a business holding
the permit. The operator of the mobile food service vehicle shall
notify the Borough within 10 days of any such sale and shall update
any information that has been changed since the submittal of the application
for the mobile food vendor permit.
6.
Temporary permit. If an operator of a mobile food service vehicle has not previously obtained a mobile food vendor permit and is found to be operating within the Borough, either a Borough code enforcement official, fire official, or police officer may authorize the operator to continue operating for not more than two hours, provided that the operations must comply with the location and hours of operation requirements set forth in § 13-204 herein. Thereafter, the operator shall not operate a mobile food service vehicle within the Borough without first paying the required application fee and obtaining a mobile food vendor permit as required by this section.
[Ord. 868, 4/4/2022]
1.
Citation.
Each of the following circumstances constitute a violation of this
Part, for which a citation of up to $300 may be issued to the violator
of this Part by a Borough code enforcement official, fire official,
or police officer:
A.
Operation
of a mobile food service vehicle without a current, valid permit,
provided further that each day and each separate location at which
a mobile food service vehicle is operated without a current, valid
permit shall be considered a separate violation.
B.
Continuation
of temporary mobile food service vehicle operations beyond the time
period authorized by a Borough code enforcement official or police
officer.
C.
Holding
a mobile food vendor event without a permit or failing to comply with
the conditions of approval for a special event permit.
D.
Failure
to comply with any other provision of this Part.
2.
Suspension
of permit. A mobile food vendor permit shall be suspended by the permit
administrator if:
A.
The applicant
for the permit knowingly provided false information on the application.
B.
Two violations
of this Part have occurred within a six-month period in conjunction
with the mobile food service vehicle for which the permit has been
issued.
C.
The operator
of a mobile food service vehicle fails to maintain a current, valid
vehicle registration, health department permit, business permit or
proof of required motor vehicle insurance coverage.
3.
Revocation
of permit. A mobile food vendor permit shall be revoked by the permit
administrator if:
4.
Reinstatement.
A.
Suspended
Permit-Reinstatement Fee. An operator may request to have a suspended
mobile food vendor permit reinstated by taking such actions as may
be necessary to correct a mobile food service vehicle's noncompliance
and paying a reinstatement fee in the amount to be determined by the
Borough council. Said amount shall be listed on the Borough’s
schedule of fees and may be changed by resolution of Borough council.
The reinstatement fee is established to offset the Borough's cost
of enforcement measures, inspections, and compliance verifications.
B.
Revoked
permit. An operator whose mobile food vendor permit has been revoked
may apply for a new permit after 12 months from the date of revocation,
provided the operator has taken such actions as may be necessary to
correct a mobile food service vehicle's noncompliance. The operator
shall pay a permit reinstatement fee in the amount to be determined
by the Borough council. Said amount shall be listed on the Borough’s
schedule of fees and may be changed by resolution of Borough council.
The reinstatement fee is established to offset the Borough's cost
of enforcement measures, inspections, and compliance verifications.
C.
No permit
will be issued to any person who intends to operate the same mobile
food service vehicle for which the operator's permit is currently
suspended or has been revoked within the preceding 12 months.
5.
Notice.
Notice of the suspension or revocation of a mobile food vendor permit
shall be issued to the operator in writing by the permit administrator.
[Ord. 868, 4/4/2022]
1.
Filing.
The denial, suspension, or revocation of a mobile food vendor permit
by the permit administrator may be appealed by filing a written notice
of appeal, establishing the grounds for the appeal, with the Borough
permit administrator no later than 10 business days following receipt
of the notice of denial, suspension, or revocation.
2.
Law Committee's
review. When an appeal is filed with the permit administrator as set
forth herein, an appeal hearing shall then be scheduled with the operator
and the Borough council’s law committee. The law committee's
decision shall be issued in writing, based on a written summation
of the pertinent facts, and shall be final. The law committee may
affirm the permit administrator’s decision or reverse the denial,
suspension, or revocation of a permit, or may reduce the waiting period
required for reinstatement of a revoked permit if it is determined
that the operator has taken reasonable steps to mitigate the violations
leading to the revocation and to prevent future violations.
3.
Refunds.
There shall be no refund of an application fee for a mobile food vendor
permit that has been denied. There shall be no refund of a reinstatement
fee for a suspended or revoked permit unless the law committee determines
on appeal that the permit administrator acted in error in suspending
or revoking the permit.
[Ord. 868, 4/4/2022]
Should any section, subsection, clause, provision or other portion
of this Ordinance be declared invalid by any court of competent jurisdiction,
such decision shall not affect the validity of the remainder of this
Ordinance; the Borough council having adopted this Ordinance as if
such invalid portions had not been included therein.
[Ord. 868, 4/4/2022]
All Ordinances or parts of Ordinances, which are inconsistent
herewith are hereby repealed.
[Ord. 868, 4/4/2022]
This Ordinance shall become effective immediately upon adoption
by Nazareth Borough Council and approval of the Mayor.
