[Adopted 5-11-1983 by Ord. No. 2715 (Sec. 713.09 of the 1965 Codified Ordinances)]
[Amended 2-11-2009 by Ord. No. 5176]
Mobile food pushcart units, hereinafter referred to as "pushcarts," shall comply with the requirements of this article in addition to any requirements that may be imposed by the Chief Health Administrator to protect against health hazards related to the conduct of the food service establishment as a mobile operation. Subject pushcarts shall comply with the Pennsylvania Food Code, 7 Pa. Code § 46.1 et seq.; and Chapter 444, Public Health Standards, Part 3, Food, of the Code of the City of Easton.
A. 
On the second Monday of each January, the City License Officer shall auction off five spaces in the inner circle of Centre Square, which include one space in each of four quadrants and one space in the circle of Centre Square. No pushcart vendor shall operate on a regular basis in any area of the City other than those five designated locations. The areas to be auctioned off are more fully set forth on the map attached hereto and made a part of this section.[1] The License Officer shall award each individual space to the highest bidder, such money to be paid to the License Officer immediately after the auction. Nonetheless, the minimum bid shall be as specified in Chapter 285, Fees. There shall be a limit of one space awarded per applicant, including associates or members of the applicant's family.
[1]
Editor's Note: The map showing mobile food pushcart locations is available from the City Hall.
B. 
Any vendor of a mobile push cart unit who purchased a space as specified in Subsection A hereof during the calendar year of 1995 shall be offered the same space at the same physical location as purchased in 1995 at the minimum price as specified in Chapter 285, Fees, as may be amended. Each year thereafter, only those vendors who had space in 1995 and are continuously purchasing that space thereafter shall be eligible to purchase the same space and location as occupied in 1995. If a vendor chooses not to purchase any space in any following year, that space shall be subject to auction as set forth in Subsection A hereof. The vendor shall not assign, sell or transfer interest in the space.
[Amended 10-25-1995 by Ord. No. 3392]
Upon receipt of the moneys bid aforesaid; upon receipt of proof of insurance indemnifying the City from any liability in regard to the operation of such pushcart, in a minimum amount of $100,000; and upon proof that such pushcart unit and operation have met applicable Health Codes, the City License Officer shall issue a license for each space to the highest bidder to operate a pushcart in such space for a period of one year, on a daily basis from 8:00 a.m. to 9:00 p.m. The license shall be carried on the vendor's person and exhibited upon demand to any police officer, City Health Inspector or other authorized officer or employee of the City. No pushcart is permitted to remain in the same spot over night.
All pushcarts shall be self-contained, in that it shall provide its own power. The only acceptable power source is propane. The City shall not be responsible for providing any facilities whatsoever, including, but not limited to, electricity for such units.
All pushcarts shall be provided with overhead protection, shall have at least one fire extinguisher, and shall be equipped with a safety pilot shutoff valve, also known as a Baso valve.
Pushcarts shall operate from a commissary or other fixed food service establishment and shall report at least daily to such location for all supplies and for all cleaning and servicing operations, including emptying of liquid waste retention tank. The commissary or other fixed food service establishment used as a base of operation for such pushcart shall be constructed and operated in compliance with other ordinances of the City and shall be licensed by the Chief Health Administrator.
The licensee shall permit regular inspections by the Chief Health Administrator of both pushcart and commissary at such times and places as may be designated by the Chief Health Administrator.
The pushcart operator shall pick up and remove any and all papers, wrappers, bottles or other refuse dropped by him or his customers in the vicinity of his pushcart. Each pushcart shall be equipped with a suitable container into which all refuse shall be placed by the operator and/or the public.
The City reserves the right to relocate a pushcart within 50 feet from the licensee's location in the event that it becomes necessary to place a platform or other such facility in such location on special occasions, as determined by the City.
The operator of a pushcart shall be precluded from parking any other vehicle that he/she may have for that particular day within the confines of Centre Square.
A. 
Any pushcart vendor or any servant, employee, agent or officer thereof who fails, neglects or refuses to comply with any of the aforesaid terms or provisions of this section, or any requirement made pursuant thereof and authorized thereby, shall, upon conviction thereof, be fined not less than $25 nor more than $100 and costs and, in default of payment thereof, shall be imprisoned for not more than 30 days.
B. 
In addition to such penalty provision, the license granted by this section to any pushcart shall be revoked upon the second conviction for any violation thereof.