[HISTORY: Adopted by the Borough Council of the Borough of Zelienople as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Sidewalk display and sales — See Ch. 232, Art. II.
Use of pushcarts — See § 260-100.
[Adopted 5-13-1974 by Ord. No. 538; amended in its entirety 12-11-1995 by Ord. No. 715 (Ch. 13, Part 1, of the 1995 Code)]
A. 
As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
LEGAL HOLIDAY
New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas.
PERSON
Any natural person, partnership, association, corporation, or other legal entity.
TRANSIENT RETAIL BUSINESS
(1) 
Engaging in peddling, soliciting, or taking orders, 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; or
(2) 
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 not be limited to, such activities conducted at the time of special occasions or celebrations, for seasonal purposes, or for yearly holidays.
B. 
The singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and the neuter.
No person shall engage in any transient retail business within the Borough without first having obtained from the Chief of Police a license, for which a fee, which shall be for the use of the Borough, shall be charged, said fee to be in such amount established from time to time by resolution of the Borough Council.
A. 
No license fee shall be charged:
(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.
(3) 
To any manufacturer or producer in the sale of bread and bakery products, meat and meat products, or milk and milk products.
(4) 
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.
(5) 
To any honorably discharged member of any of the armed services who complies with the Act of 1867, April 8, P.L. 50, 60 P.S. § 61, as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania,[1] and who procures from the Prothonotary a certificate pursuant to the Act of 1867.
[1]
Editor's Note: The Act of 1867 (60 P.S. § 61) was repealed 11-24-1992 by P.L. 717, No. 108.
(6) 
To the seeking or taking of orders by insurance agents or brokers licensed under the insurance laws of the Commonwealth of Pennsylvania.
(7) 
To a person who has complied with the provisions of the Solicitation of Funds for Charitable Purposes Act, 10 P.S. § 162.1, as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania.
[Amended 10-10-2011 by Ord. No. 814-11]
(8) 
For taking orders for merchandise, by sample, from dealers or merchants for individuals or companies who pay a license or business privilege tax at their chief place of business.
(9) 
To vendors participating in Borough-authorized events and paying the related fee to the event, during the dates of said event.
[Added 8-31-2015 by Ord. No. 841-15]
B. 
But all persons exempted hereby from the payment of the license fee shall be required to register with the Borough Police Chief and obtain a license without fee, provided 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 article for his activities in connection with the sale of goods, wares and merchandise not in such exempted categories; provided, further, the Borough Police Chief may similarly exempt from payment of the license fee, but not from registering with him, persons working without compensation and selling goods, wares or merchandise for the sole benefit of a nonprofit corporation; provided, further, every license issued under the provisions of this article shall be issued on an individual basis to any person or 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 licenses for the applicants.
[Amended 8-31-2015 by Ord. No. 841-15]
Every person desiring a license under this article shall first make application to the Chief of Police for such license. He shall, when making such application, exhibit a valid license from any state or county officer if such license is also required. The applicant shall state:
A. 
His criminal record, if any.
B. 
Name and address of the person by whom he is employed.
C. 
Type of goods, wares and merchandise he wishes to deal with in such transient retail business.
D. 
Length of time for which license is to be issued.
E. 
Type and license number of the vehicle to be used, if any.
Upon receipt of such application and the prescribed fee, the Chief of Police, if he shall find such application in order, shall issue the license required under this article. Such license shall only be issued after a waiting period of 72 hours from the time of the application therefor. 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 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, municipal officials, and citizens or residents of the Borough.
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, alleys, 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 therefrom to persons residing or working in the immediate vicinity.
D. 
Park a 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 stock, wares or foodstuffs which have become unsalable through handling, age or otherwise.
E. 
Engage in any business activity, except by prior appointment, at any time on a Sunday or legal holiday or at any time before 9:00 a.m. or after 7:00 p.m. on any day of the week other than a Sunday or legal holiday.
[Amended 8-31-2015 by Ord. No. 841-15]
The Borough Police Chief shall supervise the activities of all persons holding licenses under this article. He shall keep a record of all licenses issued hereunder and shall make a report thereof each month to the Borough Council.
[Amended 8-31-2015 by Ord. No. 841-15]
The Borough Police Chief is hereby authorized to deny, suspend or revoke any license issued under this article when he deems such denial, suspension or revocation to be beneficial to the public health, safety or morals, or for violation of any provision of this article, or for giving false information upon any application for a license hereunder. Appeals from any suspension, revocation or denial of a license may be made to the Borough Council at any time within 10 days after such suspension, revocation or denial, and a hearing shall be held within 30 days of the petition for appeal. No part of a license fee shall be refunded to any person whose license shall have been suspended or revoked.
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate offense.
[Adopted 5-10-2021 by Ord. No. 876-21]
The general purpose of these regulations is to promote the health, safety, comfort, convenience, prosperity, and general welfare of the citizens of the Borough of Zelienople by requiring that new and existing mobile food vendors provide residents and customers with a level of cleanliness, quality and safety. It is also the intent of this regulation to establish reasonable guidelines and restrictions for mobile food vendors and encourage the safe and convenient use of the Borough's public right-of-way.
As used in this article, 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 article.
ENFORCEMENT OFFICER
Any sworn officer of the Borough of Zelienople Police Department.
MOBILE FOOD VENDOR
A food establishment that is located upon a vehicle, or which is pulled by a vehicle, where food or beverage is cooked, prepared, and served for individual portion service such as a mobile food kitchen.
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.
A. 
No person shall operate as a mobile food vendor within the Borough without first having obtained from the Chief of Police a license, for which a fee, which shall be for the use of the Borough, shall be charged, said fee to be in such amount established from time to time by resolution of the Borough Council. The license is required whether or not a fee is required.
B. 
No person shall commence operation of a mobile food vendor in the Borough of Zelienople unless the required license has been obtained by the Commonwealth of Pennsylvania Department of Agriculture. Mobile food vendors must show proof of inspection by the Commonwealth of Pennsylvania Department of Agriculture as required by state law.
C. 
All licenses from the Commonwealth of Pennsylvania Department of Agriculture shall be prominently displayed at all times during operation of a mobile food vendor.
D. 
Upon request from the Chief of Police, a mobile food vendor must show proof of general liability insurance in the amount of $100,000 per individual and $300,000 per occurrence.
E. 
Any mobile food vendor operating without the required license(s) shall be deemed in violation of this article, and the mobile food vendor shall be subject to penalties and fines as provided within this article and otherwise provided by law.
F. 
The Chief of Police shall be authorized to deny, revoke or suspend operations for any mobile food vendor found in noncompliance with the established requirements.
G. 
Exemptions. Mobile food vendors are exempt from the Borough license fee while participating in the following activities:
(1) 
Operating in support of a nonprofit organization.
(2) 
Operating in connection to an approved special event in which the mobile food vendor is a registered participant.
(3) 
Operating in support of a Zelienople Borough based business event.
(4) 
Operating in support of a residential area event such as block party.
A. 
No mobile food vendor 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 to which vendor access is restricted or regulated, provided that this restriction shall not apply to a mobile food vendor who receives a written permission from the event organizer sponsoring the event to operate within the boundaries of any Borough-organized, Borough-sponsored or Borough-sanctioned event or activity.
B. 
No mobile food vendor 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 standup counters.
C. 
For mobile food vendors on public property, including the Borough's right-of-way, the Borough reserves the right to temporarily move a mobile food vendor 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.
D. 
Borough trash receptacles may not be used by mobile food vendors. All mobile food vendors must provide a waste bin and a recycle bin which shall be removed by the mobile food vendor at the close of the mobile food vendor's business day and shall pick up and remove all papers, wrappers, bottles or other refuse dropped by the customers thereof within 30 feet of the vicinity of the mobile food vendor. Under no circumstances shall a mobile food vendor use containers or receptacles for the use of the general public.
E. 
No mobile food vendor shall make or cause to be made any unreasonable or excessive noise.
F. 
A mobile food vendor may not operate on or within any Borough Park, Borough-owned parking lot, defined parking spaces on/along roadways or other property owned by the Borough of Zelienople, unless approved as part of a special event or approval from Borough Council.
G. 
No mobile food vendor 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 serving food products within the Borough. This restriction may be waived by the Borough in connection with an approved special event.
H. 
No operator of a mobile food vendor 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. 
Mobile food vendors are permitted to park and serve customers on private property, only if given express written consent of the property owner and such written consent is kept in the mobile food vendor. Mobile food vendors using private property are subject to all distance regulations applying to special events and restaurants.
J. 
No mobile food vendor shall hereafter sell or offer for sale any food or nonfood products and services in a manner that would substantially obstruct a public right-of-way, impair the movement of pedestrians or vehicles, or pose a hazard to public safety.
K. 
No mobile food vendor may park within 15 feet of a fire hydrant, or in any no-parking or unloading zone.
L. 
Mobile food vendors may not operate between the hours of 10:00 p.m. and 7:00 a.m., and mobile food vendor facilities must be removed from public property by 10:00 p.m. each day.
M. 
All mobile food vendors shall be attended by at least one operator who is at least age 18 at all times.
N. 
All mobile food vendors occupying a public space must be in operation within 30 minutes of occupying the space.
O. 
No mobile food vendors shall use electric, water or wastewater facilities of the Borough without the written consent of the Borough Manager.
P. 
No liquid waste or grease is to be disposed on the ground around vegetation, in storm drains or onto the sidewalks, streets, or other public spaces. Under no circumstances shall grease be released or disposed of in the Borough's sanitary sewer system.
Q. 
Unattended vehicles prohibited. No mobile food vendor shall be left unattended and unsecured at any time food is kept in the mobile food truck. Any mobile food vendor which is found to be unattended shall be considered a public safety hazard, shall be ticketed in accordance with existing Borough ordinances and may be impounded.
R. 
A mobile food vendor operating outside of an approved route, at an unauthorized location, or beyond the hours for which the operation has been permitted shall be deemed operating in violation of this article and may be subject to enforcement action.
A. 
Authority is hereby conferred upon the Chief of Police 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 Borough Council, 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 Borough office.
B. 
When it appears to the Chief of Police that the operation of the mobile food vendor poses an immediate and imminent threat to the public health and safety that will occur if the mobile food vendor is not immediately closed, the Chief of Police shall have the power to order the immediate closure of the mobile food vendor 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 Chief of Police.
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.
A. 
Operation may be denied or suspended by the Chief of Police 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 article, or other local, state or federal laws or regulations; or
(2) 
The mobile food vendor or any of its principals have engaged in operating without a valid license; or
(3) 
The mobile food vendor 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 violate any of the provisions of this article.
B. 
Notice of denial, revocation or suspension will be sent via first-class mail to the name and address of the applicant for license with the Commonwealth of Pennsylvania Department of Agriculture. If no applicant for license with the Commonwealth of Pennsylvania Department of Agriculture is on record, the notice shall be sent via first-class mail to the registrant of the vehicle license plate or hand-delivered to the vendor. Upon notice of denial, revocation, or suspension, an aggrieved party may appeal to the Borough Manager by submitting a written notice of appeal to the Chief of Police within 10 days following the date of the adverse action.
C. 
The provisions of this section are not exclusive. This section shall not preclude the enforcement of any other provisions of this article or state or federal laws and regulations. The Borough of Zelienople may impose additional requirements to protect against health hazards related to the operation of a mobile food vendor.
Any person who violates any provision of this article shall be guilty of an offense and for every such violation, upon conviction, shall be sentenced to pay a fine of not less than $250 nor more than $1,000 and the costs of prosecution and, in default of payment of fine and costs, to undergo imprisonment for not more than 90 days.