[HISTORY: Adopted by the City Council of
the City of Lancaster as indicated in article histories. Amendments
noted where applicable.]
[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:
A person selling or offering for sale food products or natural
products from a vending cart or vending truck.[1]
The Director of Public Works of the City of Lancaster or
his/her designee.
The Fire Marshal of the City of Lancaster and his/her assistants.
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.
The Health Officer of the City of Lancaster and his/her assistants.
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.
Areas outside of the Central Business and Central Business
Core Zoning Districts as may be designated by resolution of City Council.
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.
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.
