This chapter shall be known as the "Mobile Food Vendor Ordinance."
[HISTORY: Adopted by the Board of Commissioners of Colebrookdale Township 11-4-2024 by Ord. No. 5-2024. Amendments noted where applicable.]
For purposes of this chapter, the following terms shall have the meanings set forth herein:
The Code Enforcement Officer of the Township of Colebrookdale or any sworn officer of the Eastern Berks Regional Police Department.
A readily movable wheeled cart, trailer, or vehicle designed and equipped for the preparing, serving, and/or selling of food and operated at temporary locations. This definition shall not include vendors with a primary purpose of selling ice cream.
A temporary event, gathering or organized activity on any Township street, public property or private property, or in any Township park, building or other facility, when an organized activity is conducted involving one or more of the following factors:
Events to be held on public or private property where a fee is being charged (admission/parking/other) that are beyond the normal use of the property and/or any prior approvals granted for the property;
Closing of a public street, sidewalk or alleyway;
Blocking or restricting public property;
Blocking or restricting access to private property of others;
Use of pyrotechnics or special effects other than a private display;
Use of open flame, explosions, or other potentially dangerous displays or actions;
Installation of a stage, band shell, vehicle(s) of any kind, trailer, van, portable building, booth, grandstand, or bleachers on public property or on private property.
Colebrookdale Township, Berks County, Pennsylvania.
A.
Application; permit required.
(1)
It shall be unlawful for any person to maintain or operate a mobile food vendor within the Township without first applying for and obtaining a permit from the Code Enforcement Officer, subject to compliance with the regulations of this chapter.
(2)
The application shall indicate whether the mobile food vendor permit shall operate for the length of the special event or shall operate continuously for a term of one year from the date of issuance.
(3)
The fee of the mobile food vendor permit shall be established by resolution of the Board of Commissioners. All permit fees will be made payable to the Township of Colebrookdale and shall be paid prior to the issuance of the mobile food vendor permit.
B.
An applicant, upon submitting an application for a mobile food vendor permit to the Code Enforcement Officer for his/her review and approval, must also furnish a copy of the operator and/or owner's:
(1)
Valid driver's license;
(2)
Name and emergency contact information;
(3)
Valid insurance certificate of general liability coverage;
(4)
Valid copy of the operation's business license and tax identification number, including the business name;
(5)
License plate number, make, model and year of the mobile food vendor;
(6)
Approval from the Commonwealth of Pennsylvania stating that the mobile food vendor meets all applicable standards prior to operation. A valid health permit must be maintained for the duration of the mobile food vendor permit;
(7)
To the extent the mobile food vendor will operate on private properties, written permission from the owner(s) of the private properties upon which the permit holder will operate.
C.
Location.
(1)
A mobile food vendor shall be located at least 50 feet from any residential building, unless the mobile food vendor permit is for a special event, and, if parked on public streets, may only be parked in designated on-street parking areas. In no event shall food trucks be permitted to encroach into the traveling lanes of the adjacent roadway or to otherwise impede the safe flow of vehicular or pedestrian traffic.
(2)
A mobile food vendor shall not block; the main entry drive aisle or impact circulation overall; other access to loading areas; or emergency access and fire lanes. The mobile food vendor must also be positioned at least 15 feet away from fire hydrants, any Fire Department connection (FDC), driveway entrances, alleys and handicapped parking spaces.
(3)
No mobile food vendor is permitted on private property or on public streets within any residential zoning districts in the Township, unless the mobile food vendor permit is for a special event.
(4)
A mobile food vendor and all materials associated with the business shall be removed from the location by 9:30 p.m. each day. A later removal time may be permitted for special events, with the removal time designated on the permit.
(5)
A mobile food vendor selling prepared food shall not be located within 300 feet of an established restaurant during the restaurant's operating hours (determined by measuring from the edge of the mobile food vendor to the foundation of the restaurant) unless permission of the restaurant owner is provided.
D.
Operation.
(1)
A mobile food vendor is allowed to operate between the hours of 8:00 a.m. and 9:00 p.m. No mobile food vendor shall operate past 9:00 p.m. A later closing time may be permitted for special events, with the time for closing of operation designated on the permit.
(2)
The mobile food vendor permit shall be prominently displayed at all times during operation of a mobile food vendor.
(3)
A person in charge must be present at the mobile food vendor at all times. The person in charge must be responsible for all aspects of the mobile food vendor's compliance with this section and other applicable Township regulations.
(4)
A mobile food vendor may only be open to and may only serve customers from the side of the truck facing the sidewalk. Food trucks are prohibited from operating with their trucks/service windows open to the roadway.
(5)
No component of a mobile food vendor shall impede the proper operation of stormwater management facilities.
(6)
A maximum of two mobile food vendors shall operate simultaneously on a lot, unless the mobile food vendor permit is for a special event.
(7)
The mobile food vendor shall be responsible for ensuring that at least one portable sanitation facility is located on the lot where the mobile food vendor is located.
E.
Noise/lighting.
(1)
No amplified music shall be allowed. This includes music played inside the vehicle that is audible outside of the vehicle.
(2)
The operation of the vehicle or the use of a generator should not be loud enough to be plainly audible at a distance of 100 feet away. Excessive complaints about vehicle or generator noise will be grounds for the Township to require that the mobile food vendor change locations on the site or move to another property.
(3)
All portable or temporary lighting shall meet Township zoning requirements and may remain on until 9:30 p.m. to allow for the safety of the patrons and employees and to allow for the site to be cleaned properly.
F.
Dining areas. One ten-by-ten area is allowed next to the mobile food vendor. All activities must be wholly contained within this area, which may be covered or uncovered, with tables and chairs for dining or a table with condiments for patrons. A generator may be placed outside of this area as long as its placement and operation conforms to all applicable use and design standards.
G.
Signage. All signage shall be limited to the mobile food vendor itself. Only the food products for sale, the name of the business and a price list shall be listed. Alternative signage not affixed to the mobile food vendor is allowed when related to the daily menu information only. This signage shall be located within five feet of the mobile food vendor and not exceed eight square feet in size.
H.
Trash. A mobile food vendor shall provide trash and recycling receptacles and shall not use Township facilities, and employees shall properly recycle containers and dispose of all trash, refuse and compost that is generated by the patrons.
I.
Regulations for special events.
(1)
Any mobile food vendor desiring a mobile food vendor permit to operate during a special event, including but not limited to festivals, fairs, parades, and agritourism events, shall obtain a mobile food vendor permit at least 15 days' prior to the special event.
(2)
The mobile food vendor permit to operate during a special event shall only be valid for the length of the special event.
A.
The requirements set forth in § 330-3 do not apply for any mobile food vendors serving private events which are not open to members of the public and which do not meet the definition of "special event" set forth in this chapter.
B.
No mobile food vendor serving a private event shall be located within 15 feet of any building or other structure, within 15 feet of any property line, or on any road, alley, or public walkway.
A.
Any person who violates or permits the violation of any provision of this chapter shall, upon being found liable thereof in any criminal enforcement proceeding, pay a fine of not more than $1,000, plus court costs and reasonable attorneys' fees, and may be incarcerated for a period not exceeding 90 days for each and every violation. Such fine, costs, attorneys' fees and incarceration, after being reduced to a final, unappealed judgment, shall be enforced by the Township pursuant to the applicable Rules of Criminal Procedure. Each twenty-four-hour period during which failure to comply continues shall constitute a separate violation. This remedy shall be in addition to any other lawful remedies available to the Township.
B.
In addition to the penalties set forth above, the Enforcement Officer is authorized to revoke or suspend operations of any mobile food vendor found in noncompliance with this chapter.