[Ord. No. 981, 4/18/2023[1]]
1. 
As used in this Part, the following terms shall have the meanings indicated:
FOOD ESTABLISHMENT
Business operation that stores, prepares, packages, serves, vends or otherwise provides food for human consumption as set forth in the Food Code issued by the Pennsylvania Department of Agriculture, 7 Pa. Code § 46.1 et seq., as amended from time to time.
FOOD PRODUCTS
Includes and shall be limited to such foods intended for immediate consumption following sale without threat or danger to public health.
MOBILE FOOD PREPARER
Any person who, by traveling from place to place upon the public streets of the Borough, prepares and serves food from a mobile food vehicle.
MOBILE FOOD TRUCK
A mobile food truck is a transient business and is a mobile food vehicle.
MOBILE FOOD VEHICLE
A food establishment that is located on a minimum four-wheeled motorized vehicle where food or beverage is cooked and/or prepared and served for individual portion service, such as a mobile food kitchen. Food establishments or food trailers that must be pulled by another vehicle are considered a mobile food vehicle. This includes both four-wheeled and two-wheeled trailers.
PERSON
Any natural person, partnership, association, corporation or other legal entity.
PUBLIC PROPERTY
The public right-of-way, Borough-owned property and the Borough of Huntingdon established right-of-way, including sidewalks.
RESTAURANT
Any public place at a fixed location kept, used, maintained, advertised and held out to the public as a place where food and drink is prepared and served for the public for consumption on or off the premises pursuant to the required licenses of the Borough of Huntingdon and the Commonwealth of Pennsylvania. Such establishments may include, but are not limited to, restaurants, cafes, coffee shops, cafeterias, dining rooms, eating houses, short-order cafes, luncheonettes, grills, pubs, tea rooms and sandwich shops.
TRANSIENT BUSINESS
A. 
Engaging in peddling, selling, soliciting or taking orders, either by sample or otherwise, for any goods, wares or merchandise upon any street, alley, sidewalk or public grounds, or from house to house within the Borough of Huntingdon. A food truck is not a transient business.
B. 
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.
[1]
Editor's Note: This ordinance also superseded former Part 3, Transient Retail Business, adopted by Ord. No. 362, 10/4/1966, as amended.
[Ord. No. 981, 4/18/2023]
1. 
Scope. The provisions of § 13-302 shall apply to a person engaging in any transient business within the Borough during any days other than a scheduled Borough festival or scheduled Borough parade.
2. 
Exceptions. This section shall not apply to:
A. 
Farmers selling their own produce.
B. 
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. 
Any manufacturer or producer in the sale of bread and bakery products, meat and meat products or milk and milk products.
D. 
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 a little league baseball team, the Boy Scouts or Girl Scouts or similar organizations.
E. 
The sale of goods, wares or merchandise at private events, private parties or private gatherings within the Borough of Huntingdon which are not open to the general public.
3. 
Transient Business License Required.
A. 
Any person engaging in transient business in the Borough must first obtain from the Borough Code Enforcement Officer an annual or daily 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. This license does not convey right to operate a transient business during a special event in the Borough. To obtain a license to operate during a special event, see § 13-304 below.
B. 
Borough Council reserves the right to charge different application fees depending on whether the licensee is a transient business selling goods or food products.
C. 
Each person engaged in any transient business within the Borough shall carry such license upon their person, if engaged in such business house-to-house or upon the streets, alleys, sidewalks or public grounds, or shall display such license at the location where the business is being performed. Any person engaging in transient business within the Borough shall exhibit such license, upon request, to all police officers and citizens or residents of the Borough.
4. 
Rules and Regulations. No person engaged in any transient business shall:
A. 
Operate on a public street or public property or private property unless said street or property is located in the Commercial Downtown (CD), Commercial Neighborhood (CN), Commercial Industrial (CI), Commercial Professional (CP), College (CO), Hospital (H), or Industrial Commercial (IC) Zoning Districts.
B. 
Hawk or cry their wares upon any of the streets or alleys, sidewalks or public grounds in the Borough.
C. 
If 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 in the immediate vicinity.
D. 
Park any vehicle on any of the streets or alleys in the Borough for the purpose of sorting, rearranging or cleaning any of the goods, wares or merchandise or of disposing of any carton, wrapping material or rubbish that has accumulated on, in or about such vehicle or of any stock or wares or of foodstuffs which have become unsalable through handling, age or otherwise.
E. 
Engage in such transient business on any weekday after 10:00 p.m. or before 8:00 a.m.
F. 
Operate in any Borough public park or Borough lot unless the Borough Code Enforcement Officer has granted approval on the license application for its operation at a particular park or lot during specific dates and times. Borough Council reserves the right to charge a fee for any transient business using Borough utilities during its operation; said fee shall be set by resolution from time to time by Borough Council.
G. 
Operate within 25 feet of any principal customer entrance to any restaurant or food establishment within the Borough of Huntingdon.
H. 
Provide or allow any dining area, including but not limited to tables, chairs, booths, bar stools, benches, and standup counters to be placed on any Borough lot, sidewalk or park unless prior written authorization is obtained from the Huntingdon Borough Code Enforcement Officer.
I. 
Fail to remove trash and waste from their approved location(s) at the end of each day.
[Ord. No. 981, 4/18/2023]
1. 
Scope. The provisions of § 13-303 shall apply to mobile food operations engaged in the business of cooking, preparing, and distributing food or beverage with or without charge from mobile food vehicles on or in public, private or restricted spaces during any day other than the day of a scheduled Borough special event such as a festival or parade.
2. 
Exceptions. This section shall not apply to ice cream vehicles that move from place to place and are stationary in the same location for no more than 30 minutes at a time. Further, this section does not apply to private parties where the mobile food vehicle is parked and servicing a private property for a party, wedding, nonprofit event, business event, celebration, or other gathering and not selling food to the general public.
3. 
Mobile Food Vehicle License Required.
A. 
No person or business entity, including a religious or charitable organization, shall operate a mobile food vehicle in any public, private or restricted space without a license issued by the Borough.
B. 
The license will be for a period of one year (January 1 through December 31 of each year, regardless of when the application is made for a license) and must be renewed on an annual basis. This license does not convey right to operate a mobile food vehicle during a special event in the Borough. To obtain a license to operate during a special event, see § 13-304 below.
C. 
A separate mobile food vehicle license is required for each and every mobile food vehicle operated within the Borough by an individual, partnership, corporation or limited liability company.
D. 
In addition to the Borough license, an operator of a mobile food vehicle must have the required health licenses and any other required approvals from the Commonwealth of Pennsylvania and/or any Pennsylvania departments which regulate mobile food vehicles. Copies of all approvals required by the Commonwealth of Pennsylvania and/or its agencies shall be provided to the Borough Code Enforcement Officer at the time the license application is submitted to the Borough.
4. 
Food Vehicle License Fee and Renewal Fee.
A. 
Every mobile food vehicle license, unless suspended or revoked by the Borough Code Enforcement Officer for a violation of any provision of this section or other rule or regulation promulgated for the implementation of this section, shall be renewed annually, provided that a renewal fee and renewal application is submitted by no later than December 1 of each calendar year. If said renewal fee and renewal application is not submitted by this annual deadline, the license and license holder shall forfeit the right to renew and shall submit a new application with any additional fees necessary.
B. 
The license application fee and license renewal fee shall be determined and be modified from time to time by resolution of Borough Council.
C. 
The renewal of a license does not also guarantee the renewal of any previously approved location or route. The Borough Code Enforcement Officer has the right to terminate and/or determine any route and/or authorized location/parking area.
5. 
Application for Mobile Food Vehicle License.
A. 
Application. There shall be made available by the Borough a license application form to apply for each mobile food vehicle license. The license application shall provide the following:
(1) 
A description of necessary inspections and fees.
(2) 
A description of areas of the Borough where the operation of mobile food vehicles is limited or prohibited.
(3) 
Submission of Materials. Each application shall indicate on its face, in addition to other requirements as may be determined by the Borough Code Enforcement Officer, the below following materials which shall be submitted by the applicant:
(a) 
The name of the business and its owner or owners and the mailing address of the business.
(b) 
The operator's(s') and owner's(s') criminal record(s), if any.
(c) 
If the operator intends to establish a predetermined route, the proposed service route and hours of operation, along with a detailed schedule of times and locations where the mobile food vehicle will be stationary and serving food.
(d) 
Certification that the mobile food vehicle has passed all the necessary inspections required by the Commonwealth of Pennsylvania and/or designated state agencies.
(e) 
For all excess food that cannot be prepared or stored in the mobile food vehicle, proof that the food is prepared or stored in a Commonwealth of Pennsylvania approved kitchen and storage facility. The address of the kitchen where the mobile food vehicle and food must be stored shall be provided.
(f) 
Proof of access to restroom facilities for the use of the mobile food vehicle employees.
(g) 
Mobile food vehicle interior design showing all features, locations of required handwashing sink for employees, location of propane tanks or generators, etc. The design and final mobile food vehicle must comply with all applicable provisions of the Pennsylvania Department of Agriculture Retail Food Code, Title 7, Agriculture, Chapter 46.
(h) 
A certificate of insurance providing general liability insurance of not less than $250,000 per occurrence, listing the Borough as additionally insured. A mobile food vehicle license shall be issued only for the explicit time covered by the effective date of the general liability insurance policy. The owner shall indemnify the Borough of Huntingdon against any and all such claims, losses, injuries or damages to person or property, including attorney's fees and court costs, whether incurred as a result of the negligence of the Borough, the owner or their employees or agents.
6. 
Mobile Food Vehicle License Approval Process. Any application for a mobile food vehicle license must be submitted to the Borough Code Enforcement Officer for review.
A. 
The Borough Code Enforcement Officer may work with the applicant or license holder to modify a service route at any time before the issuance of a license or after the issuance of the license, if the grant of a license or approval of a service route has led to the creation of a nuisance or otherwise endangers the public health, safety, or welfare or by request of the license holder.
B. 
Within 30 days of the submission of a completed application, the Borough Code Enforcement Officer shall either issue or deny the application for a license.
C. 
If the application is denied in whole or in part, the Borough Code Enforcement Officer shall state in writing the specific reasons for the denial. Any applicant who has been denied a license may appeal such denial by submitting a written request with the requisite appeal fee (which shall be set by Borough Council from time to time by resolution) for a hearing to Borough Council within 10 days of denial. Such hearing shall be conducted within 30 days of receipt of the appeal. The decision resulting therefrom shall be final and subject only to additional review under Pennsylvania law.
7. 
Mobile Food Vehicle Rules and Regulations and Inspections.
A. 
General Rules and Regulations.
(1) 
Mobile food vehicles will be permitted to operate between the hours of 8:00 a.m. to 10:00 p.m. on a public street or public property or private property in the Commercial Downtown (CD), Commercial Neighborhood (CN), Commercial Industrial (CI), Commercial Professional (CP), College (CO), Hospital (H), and Industrial Commercial (IC) Zoning Districts. Mobile food vehicles shall not be permitted on public or private property in any other zoning districts unless expressly permitted by this section.
(2) 
The license holder or his/her designee who is at least age 18 years or older must be present at all times while the mobile food vehicle is operating except in case of emergencies.
(3) 
Mobile food vehicles are permitted to occupy a metered parking space on a public street as permitted by this section and authorized by the Borough Code Enforcement Officer. The mobile food vehicle must be moved off-site daily. Mobile food vehicles are not required to deposit coins in the parking meter.
(4) 
Mobile food vehicles are not permitted to occupy any nonmetered public parking space on any public street unless prior approval is obtained from the Borough Code Enforcement Officer. The mobile food vehicle must be moved off-site daily.
(5) 
Mobile food vehicles shall not be parked on roadways or alleys (travel lanes) or public sidewalks, and shall not block fire hydrants or interfere with the vision for motor vehicle traffic at any intersection.
(6) 
A mobile food vehicle may not operate in any Borough public park or Borough lot unless the Borough Code Enforcement Officer has granted approval on the license application for its operation at a particular park or lot during specific dates and times. Borough Council reserves the right to charge a fee for any mobile food vehicle using Borough utilities during its operation, such as electric, water and/or sewer; said fee shall be set by resolution from time to time by Borough Council.
(7) 
A mobile food vehicle operating on private property, or any Borough public park or Borough lot, must be moved off-site for a period of at least one full business day (Monday through Friday) no less than every 14 days while in operation. No mobile food vehicle may operate on private property on a permanent basis.
(8) 
No mobile food vehicle is permitted to park or stop to serve customers within 25 feet of any principal customer entrance to any restaurant or food establishment within the Borough of Huntingdon.
(9) 
No operator of a mobile food vehicle shall park, stand, or move a vehicle and conduct business within areas of the Borough in violation of the license or this section.
(10) 
On any Borough property, street, sidewalk or lot, no mobile food vehicle will provide or allow any dining area, including but not limited to tables, chairs, booths, bar stools, benches, and standup counters, unless prior written authorization is obtained from the Huntingdon Borough Code Enforcement Officer.
(11) 
Consumers shall be provided with single-service articles, such as plastic forks and paper plates, and a waste container for their disposal. All mobile food vehicles shall offer a waste container for public use that the operator shall empty at his/her own expense. License holders shall remove trash from their approved location(s) at the end of each day to maintain the health and safety of the public. Borough trash receptacles may not be used by mobile food vehicle vendors.
(12) 
The license holder is responsible for the disposal of trash and waste associated with the operation. No liquid waste or grease is to be disposed of in or around vegetation/landscape areas or storm drains, or onto sidewalks or streets or other public areas/spaces. Under no circumstances shall grease be released or disposed of in the Borough's sewer system. License holders are required to keep all areas within 20 feet of the mobile food vehicle clean of grease, trash, paper, cups or cans associated with the vending operation.
(13) 
In addition to signs painted on or affixed to the mobile food vehicle, each vehicle may also display one sandwich board/sidewalk type of sign within five feet of the food vehicle (maximum size of sign is 24 inches by 36 inches). No off-site signs are permitted.
(14) 
No mobile food vehicle shall make or cause to be made any unreasonable or excessive noise so as to disturb or annoy the public near or upon any street, lane, alley, park, square, common or in any public building, public place or business place, or private building or private place within the Borough. No mobile food vehicle shall have amplified music or use of loudspeakers, including but not limited to megaphones or speaker systems. No mobile food vehicle shall use a light source that creates a nuisance to adjacent dwellings, passing motorists, or pedestrians. Flickering, flashing, or strobe lighting is prohibited.
(15) 
For mobile food vehicles located on any public property, the Borough reserves the right to temporarily move a mobile food vehicle to a nearby location 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.
B. 
Inspections. The Borough Code Enforcement Officer shall have the ability to determine whether the mobile food vehicle is in compliance with all applicable food and sanitary codes of the Commonwealth of Pennsylvania and/or any agencies which regulate food vehicles. Inspections can occur with or without notice to the license holder. The Borough Code Enforcement Officer shall have the ability to perform the inspection with the Borough Health Officer, Borough Manager, or any other Borough officer or agent to determine compliance. Failure of a license holder to allow an inspection of the mobile food vehicle shall constitute a violation of this section.
8. 
Operation of Mobile Food Vehicles.
A. 
Each mobile food vehicle shall post its license, or a copy of the license, in a conspicuous place to which the public has access by sight.
B. 
Operation Without a License. Any mobile food vehicle being operated without a valid mobile food vehicle license issued by the Borough Code Enforcement Officer shall be deemed a public safety hazard, shall be cited in accordance with existing Borough ordinances and may be impounded.
C. 
Unattended Vehicles Prohibited. No mobile food vehicle shall be parked on a public street overnight or left unattended and unsecured at any time. Any mobile food vehicle which is found to be unattended shall be considered a public safety hazard, shall be cited in accordance with existing Borough ordinances and may be impounded.
D. 
A mobile food vehicle 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 without a license in violation of this section and shall be subject to enforcement as set forth in this Part.
[Ord. No. 981, 4/18/2023]
1. 
Scope. The provisions of § 13-304 shall apply to transient businesses and mobile food trucks operating in the Borough during scheduled Borough festivals and events, such as Mayfest, and Borough parades, such as the Halloween parade.
2. 
Special Event License Required. Any person seeking to operate a transient business or mobile food truck in the Borough during a scheduled Borough festival or parade must possess a valid license to operate said business in the Borough during the festival or parade.
3. 
Application and Requirements for a Special Event License. The transient business or mobile food truck must already possess a valid license to operate their business in the Borough as set forth in § 13-302 and/or § 13-303 in order to apply for a special event license. The special event license shall be subject to the following application and approval procedure:
A. 
All applications for a special event license shall be submitted in writing to the Huntingdon Borough Event Coordinator.
B. 
Special event licenses shall be issued for each Borough festival and parade open to the public for each year. The license shall define the location and times that the licensee is permitted to conduct business in the Borough during the event.
C. 
Parking spaces and locations for transient businesses or mobile food trucks during events shall be provided on a first-come, first-served basis.
D. 
The special event license holder shall be responsible to comply with all provisions in this Part, and any and all instructions and directions provided by the Huntingdon Borough Event Coordinator, the Huntingdon Code Enforcement Officer and the Huntingdon Borough Manager concerning the assigned time and location that the licensee can conduct business during the special event.
E. 
The Borough Event Coordinator, Code Enforcement Officer and Borough Manager have the right and authority to limit the total number of special event licenses for reasons of public safety.
F. 
The special event license application fee for each event shall be determined and be modified from time to time by resolution of Borough Council. Borough Council reserves the right to charge different application fees depending on whether the licensee is a mobile food truck, transient business or transient food business.
G. 
The application fee for a special event license is nonrefundable.
[Ord. No. 981, 4/18/2023]
1. 
Fine for Violation. Any license holder operating a transient business or mobile food vehicle in violation of any provision of this Part shall be subject to a fine of not less than $300 and not more than $1,000 for each day the violation continues to exist or a term of imprisonment not exceeding 90 days, or both. Each day a violation continues to exist shall constitute a separate and distinct violation of this Part.
2. 
Revocation; Suspension; Modification. Once a license has been issued it may be revoked, suspended, modified, or not renewed by the Borough Code Enforcement Officer or Borough Manager for failure to comply with the provisions of this Part. The Borough Code Enforcement Officer or the Borough Manager may terminate or suspend any license issued under this Part when he/she deems such suspension to be for the benefit of the health or safety of the Borough or for violation of any of the provisions of this Part or for giving false information upon any application for a license hereunder. No part of a license fee shall be refunded to any person whose license shall have been suspended or terminated.
3. 
Additional Remedies. In addition to prosecution of persons in violation of this Part, the Borough Code Enforcement Officer, Borough Manager or Borough Police Department may seek such criminal, civil or equitable remedies, including injunctive relief and other measures, to enforce the provisions of this Part in any court of record in the Commonwealth of Pennsylvania, against any person or property, real or personal, to enforce the provisions of this Part.
4. 
Removal. Any license holder found in violation of this Part shall be issued a citation for a violation in accordance with existing Borough ordinances, and any vehicle used for the transient business or mobile food truck may be immediately impounded, all costs associated with the impoundment to be paid by the license holder prior to release of the vehicle.
5. 
Enforcement. The provisions of this Part promulgated hereunder shall be independent, nonmutually exclusive, separate remedies, all of which are available to the Borough as may be deemed appropriate and all of which may be enforced by the Borough Code Enforcement Officer, Borough Manager, Huntingdon Borough police or any other designated officials of the Borough of Huntingdon.