City of Lancaster, PA
Lancaster County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Lancaster as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Licensing of businesses — See Ch. 186.
Meat and meat products — See Ch. 192.
Milk and milk products — See Ch. 194.
Noise — See Ch.198.
Parks and recreation — See Ch. 210.
Restaurants — See Ch. 240.
Streets and sidewalks — See Ch. 262.
[Adopted as Article 331 of the Codified Ordinances; amended in its entirety 8-24-2010 by Ord. No. 15-2010]
[Amended 11-13-2018 by Ord. No. 14-2018]
The Council, desiring to promote and facilitate access to fresh food to City neighborhoods by fostering a program which would positively contribute to the vitality and excitement of the City's neighborhoods and increase the pleasurable experience of both shoppers and City residents, finds and declares that the establishment of a strictly regulated neighborhood sidewalk cart vendor and truck vendor program, limited as to number, location and type of vendor so as not to impede or be disruptive to orderly and efficient pedestrian use of the sidewalks or City areas such as parks and streets, nor unduly interfere with established business upon whose success the continued vitality of the City depends, would significantly and substantially contribute to the City's revitalization and be, therefore, in the public interest.
For the purpose of this article, certain terms shall be defined as follows:
CART VENDOR/TRUCK VENDOR
A person selling or offering for sale food products or natural products from a vending cart or vending truck.[1]
DIRECTOR
The Director of Public Works of the City of Lancaster or his/her designee.
FIRE MARSHAL
The Fire Marshal of the City of Lancaster and his/her assistants.
FOOD PRODUCTS
Includes and shall be limited to such foods intended for immediate consumption following sale as can, without threat or danger to public health, be maintained and sold from portable vending carts and which are designated on a list of such products to be approved and maintained by the Director with the concurrence of the Health Officer.
HEALTH OFFICER
The Health Officer of the City of Lancaster and his/her assistants.
NATURAL PRODUCTS
Includes and shall be limited to whole fruits and vegetables (uncut, unfrozen, unprocessed, raw fruits and vegetables), flowers and such other nonmanufactured products suitable for sale from portable vending carts or vending trucks where the vending cart or vending truck occupies a designated location and which offers products included on a list of such items approved and maintained by the Health Officer.
NEIGHBORHOOD CART AND TRUCK VENDING AREA(S)
Areas outside of the Central Business and Central Business Core Zoning Districts as may be designated by resolution of City Council.
NEIGHBORHOOD CART AND TRUCK VENDING LOCATION(S)
A fixed location within cart/truck vending area(s) as has been designated by the Health Officer to be available for placement of a vending cart or vending truck licensed under this article.
PERSON
Any individual, firm, partnership, association, corporation, company or organization of any kind, and when used in any clause prescribing and imposing a penalty, "person" includes the individual members, partners, officers and managers (or any of them) of partnerships, associations and similar entities, and the officers, directors and managers (or any of them) of corporations.
[1]
Editor’s Note: The former definitions of “Central Business District cart vending area(s)” and “Central Business District cart vending locations,” which immediately followed this definition, were repealed 11-13-2018 by Ord. No. 14-2018.
[1]
Editor’s Note: Former §§ 291-3, Central Business District cart vending license; fees; food employee certification; Food Code; 291-4, Central Business District vending cart design standards; 291-5, Central Business District cart vending operation standards; 291-6, Central Business District cart vending license application and selection; 291-7, Central Business District cart vending suspension or revocation of license; and 291-8, Appeals to License Review Board; fee, were repealed 11-13-2018 by Ord. No. 14-2018.
A. 
License required. No person shall sell or offer for sale any food or natural products on any sidewalk in the City unless holding a cart vendor license or truck vendor license, issued under this article or being a part of an activity or program approved as a special event by the Office of the Mayor.
[Amended 11-13-2018 by Ord. No. 14-2018]
B. 
Location and type. A neighborhood cart vending license or truck vending license shall only be issued for and restricted to cart vendor sales or truck vendor sales of food and natural products from an approved vending cart or vending truck, at a specific and fixed cart vending or truck vending location in a cart vending or truck vending area, which restrictions shall be specified on the license issued.
[Amended 11-13-2018 by Ord. No. 14-2018]
C. 
License term and fees. A neighborhood cart vending or truck vending license shall be issued for a one-year term from the date of issuance, renewable annually upon payment of an annual license fee, to be established by resolution of City Council, and faithful adherence to the requirements of this article and the regulations promulgated hereunder.
D. 
Multiple licenses prohibited. No person who holds or has an interest in a neighborhood cart vending or truck vending license as an owner, partner or shareholder shall have any interest, either directly or indirectly, as an owner, partner or shareholder, in any other neighborhood cart vending or truck vending license held by the person, or member of the person's immediate family, unless at the time such license becomes available for issue no other person makes application therefor.
E. 
License nontransferable. A neighborhood cart vending or truck vending license when issued shall not be transferable to another holder except upon the death or disability of the holder, and any prohibited transfer of the license shall work an automatic forfeiture thereof. If the license holder is not a natural person, the transfer of any ownership interest in the holder of the license shall be deemed a prohibited transfer.
F. 
Food employee certification. All neighborhood cart and truck vendors who offer natural products for sale shall comply with all applicable provisions of the Food Employee Certification Act, 3 Pa.C.S.A. § 6501 et seq., and the regulations promulgated pursuant thereto by the Pennsylvania Department of Agriculture, 7 Pa. Code § 76.1 et seq., as amended from time to time, including, but not limited to, employing a supervisory employee who has successfully completed a food employee certification approved training program or successor program. Any violation of the provisions of the Food Employee Certification Act or the related regulations shall constitute a violation hereunder.
[Amended 11-13-2018 by Ord. No. 14-2018]
G. 
Food Code. All neighborhood cart and truck vendors who offer food or natural products for sale shall comply with all applicable provisions of the Food Code issued by the Pennsylvania Department of Agriculture, 7 Pa. Code § 46.1 et seq., as amended from time to time. Any violation of the provisions of the Food Code shall constitute a violation hereunder.
[Amended 11-13-2018 by Ord. No. 14-2018]
A. 
Design. All vending carts shall be attractive, sanitary and mobile, having at least two wheels and being of such size, weight and construction as to permit easy movement by a single person. Vending carts shall fully comply with such design criteria, standards and specifications as are prescribed in the regulations promulgated hereunder. Failure to comply, in the judgment of the Health Officer, shall be sufficient grounds for rejection of a cart vending license application or suspension or revocation of any license issued. All vending trucks must be attractive and sanitary. All trucks are subject to preliminary inspection prior to usage for vending. Appropriate paperwork identifying owner and proper automobile/truck insurance must be presented as a prerequisite for obtaining a license. Only the approved truck and truck owner are eligible to conduct sales of natural products at specified sites.
B. 
Maintenance. All vending carts and vending trucks shall at all times be maintained in good condition and repair. Any repairs to or replacements of vending carts or vending trucks shall comply fully with the existing design criteria, standards and specifications. No replacement cart or truck may be placed into operation until approved by the Health Officer.
C. 
Carts self-contained. All vending carts shall be so designed that all sales activities, including trash disposal facilities, can be conducted totally from the vending cart. Use of the sidewalk by a cart vendor for product display, storage or trash receptacle location shall be prohibited. Vending trucks are prohibited from using sidewalks and streets as a location for trash receptacles or product display.
D. 
Signs. Signs to include an identification of the cart vendor or truck vendor are permitted. Any merchandise listings must be professionally painted or handwritten on an attractive removable chalk or marker board or similar structure.
A. 
Days and hours of operation. Neighborhood cart vending and truck vending sales may be conducted daily during such hours as may be prescribed in the regulations promulgated hereunder or established by the owner of the site where the vending sales are conducted.
B. 
Daily removal. Vending carts and vending trucks shall be removed from the cart vending and truck vending location daily no later than 6:00 p.m. and not returned thereto until the times as may be prescribed for cart or truck breakdown or setup, as the case may be, in the regulations promulgated hereunder or established by the owner of the site where the vending sales occur.
C. 
Safe and sanitary condition. Vending carts and vending trucks shall be maintained in a safe, clean and sanitary condition at all times. Vending carts and vending trucks licensed hereunder to sell food products shall:
(1) 
Be subject to inspection at any time by the Health Officer and/or his inspectors and shall at all times be licensed under and be in compliance with the Health Code of the City.
D. 
Quiet operations. Neighborhood cart vendors and truck vendors shall conduct business in an orderly fashion and shall not make loud or raucous noises or use sound-amplifying devices to attract attention nor verbally hawk or solicit product sales to pedestrians or motorists.
E. 
Use and maintenance of sidewalk. All sales and related activity shall be conducted from the vending cart or vending truck, during which times the vending cart or vending truck shall not be moved from the assigned cart vending or truck vending location. No products shall be stored or displayed, nor trash receptacles placed, on the sidewalk or any adjacent area outside the approved vending area. The sidewalk in the immediate vicinity of the vending cart or vending truck shall be kept and maintained by the cart vendor or truck vendor free of trash, litter, debris or spillage generated by the vendor's vending cart or vending truck. Trash must be removed from the site on a daily basis by the vendor. Tables or other pedestrian obstructions are prohibited.
[Amended 11-13-2018 by Ord. No. 14-2018]
A. 
Application. Any person interested in applying for a neighborhood cart vendor's or truck vendor's license may make application therefor upon filing such forms containing such information as the Health Officer shall by regulation require which shall be accompanied by a nonrefundable application fee of $50. The application shall, at a minimum, include:
(1) 
Drawings, photographs and specifications of the proposed neighborhood vending cart or vending truck to be used in sufficient detail that compliance with the vending cart or truck vendor design criteria, standards and specifications can be determined.
(2) 
Sufficient detail about the food and/or natural products to be sold by the proposed neighborhood vending cart or vending truck for the Health Officer to evaluate whether the proposed cart or truck will meet applicable City and state health codes.
B. 
Review of applications. The Health Officer shall complete the review of all applications filed and notify the applicants of the results thereof, in writing, within 60 days of receiving a complete application.
(1) 
An application shall be denied and the applicant ineligible to receive a neighborhood cart vending or truck vending license if:
(a) 
The application is incomplete in any material respect.
(b) 
The proposed vending cart does not comply with the cart design criteria, standards or specifications and/or applicable health codes, or if the proposed vending truck does not comply with the standards or specifications and/or applicable health codes.
(c) 
The applicant, or any natural person having not less than a thirty-three-percent interest in the entity making application, has:
[1] 
An interest in another cart vending or truck vending license;
[2] 
Within the past five years held or had an interest in a cart vending or truck vending license that had been revoked;
[3] 
Any City tax liability being more than 10 days overdue; or
[4] 
Within the past 10 years been convicted of selling, offering to sell or possession with intent to sell a controlled substance.
(d) 
Results of a required police background check.
(2) 
If an application is denied, the applicant shall be notified, in writing, of the reason therefor.
A. 
Grounds. A neighborhood cart vending or truck vending license shall be subject to suspension or revocation by the Health Officer for any of the following causes:
(1) 
The violation of any provision of this article, the regulations promulgated hereunder or the orders of the Health Officer issued pursuant thereto;
(2) 
Where the license holder has knowingly made a false, misleading or fraudulent statement of material fact in the application for a license;
(3) 
When the license holder fails to pay the license renewal fee within 10 days of the annual anniversary date of license issuance; or
(4) 
If the neighborhood cart vending or truck vending license is for sale of food and/or natural products, when the cart or truck vendor violates the provisions of or fails to maintain any license or permit required by any applicable City or state health codes.
[Amended 11-13-2018 by Ord. No. 14-2018]
(5) 
The practice of fraud, deceit, misrepresentation or furnishing false information in the course of carrying on the licensed business.
(6) 
Conviction of certain crimes: if any licensee is convicted of robbery, burglary, theft, receiving stolen goods or any other crime involving the unlawful obtaining of personal property.
(7) 
Failure by the licensee to conduct approved sales of natural products less than one day per week at the approved location.
B. 
Procedure, notice and hearing.
(1) 
Prior to the suspension or revocation of a neighborhood cart vending or truck vending license becoming effective, the Health Officer shall notify the licensee, in writing, of the suspension or revocation, the reasons therefor, his right to a hearing before the Health Officer if desired and that unless a request for a hearing is filed in writing within 15 days of the date of the notice of suspension or revocation, the suspension or revocation shall then become effective without further action. Such notice shall be served upon the licensee by delivering the same personally or by registered mail, postage fully prepaid, addressed to the licensee at his or her place of business or residence as shown on the license application.
(2) 
If a hearing is requested before the Health Officer, it shall be conducted by the Health Officer or his designee within 10 days of the request and shall be conducted in accordance with the Local Agency Law (2 Pa.C.S.A. § 105). If following the hearing the suspension or revocation is upheld, the reasons therefor shall be set forth in writing and delivered to the licensee by ordinary mail. A decision upholding or sustaining the suspension or revocation shall result in such suspension or revocation becoming effective and not subject to further stay except upon order of court.
[Amended 11-13-2018 by Ord. No. 14-2018]
A. 
Time and manner. Within five days after the date of denial of an application for a neighborhood cart vending or truck vending license by the Health Officer, or within 30 days after action by the Health Officer suspending or revoking a neighborhood cart vending or truck vending license being final, any person so affected may appeal such action to the Board of Health by filing a notice of appeal, in writing, with the Health Officer, setting forth the specific grounds upon which the appeal is based, together with an appeal fee of $100.
B. 
Hearing and decision. Upon the filing of an appeal, the Health Officer shall set a time and place for hearing before the Board of Health and shall notify the appellant thereof. The hearing shall be set within the number of days of the filing of the appeal as follows: from a denial of an application for a neighborhood cart vending or truck vending license, five days; from action of the Health Officer suspending or revoking a license becoming final, 30 days. The hearing shall be conducted in accordance with the requirements of the Local Agency Law (2 Pa.C.S.A. § 105). The appellant and any other interested party shall be given a reasonable opportunity to be heard in order to show cause why the determination of the Health Officer should not be upheld. In all cases, the burden of proof shall be upon the appellant to show that there was no substantial evidence to support the decision of the Health Officer. The decision of the Board of Health shall be in writing and shall state the reasons therefor.
C. 
Appeal not a stay. The filing of an appeal hereunder shall not operate to stay the action or decision of the Health Officer which is the subject of the appeal.
[Amended 11-13-2018 by Ord. No. 14-2018]
The Health Officer(s) and Fire Marshal may promulgate such regulations as are necessary for the proper administration and enforcement of this article.
[Amended 11-13-2018 by Ord. No. 14-2018]
A. 
This article shall be enforced by the City Health Officer(s) and Fire Marshal.
B. 
During officially sanctioned special events, privileges of sidewalk vendor licenses issued by the City may be modified at the discretion of the Director of the Lancaster Office of Promotions when conflicts of location arise between the vendor and the special event presentation.
C. 
Neighborhood cart vending and truck vending authorized under the provisions of this article shall be exempt from City of Lancaster zoning review and approval.
A. 
Any person violating any provision of this article or of the regulations promulgated hereunder shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not less than $100 nor more than $600 for each and every offense, to be collected as other fines and costs are by law collectible, or shall be imprisoned for not more than 90 days, or both. Each day during which any person violates any provision of this article shall constitute a separate offense.
B. 
Institution of a prosecution for the imposition of the foregoing penalty shall not be construed to limit or deny the right of the City to such equitable or other remedies as may be allowed by law.