§ 9-201.  Curb Markets. 14
   (1)   Definitions. In this Section, the following definitions apply:
      (a)   Cart. A wheeled pushcart, measuring not more than 10 feet in length, 36 inches in width and 42 inches in height.
      (b)   Curb Market. A site on the roadway, abutting the curb, as designated in subsection 9-201(2).
      (c)   License. A permit obtained from the Department to occupy a specific space in a curb market, except as provided in subsection (10). 15
      (d)   Space. A specific area in a curb market, as fixed by the Department for the location of one cart.
      (e)   Vendor. A person who has a license and occupies a space in a curb market.
   (2)   Locations. 16 The following areas are designated curb markets for the sale of merchandise from carts in accordance with the provisions of this Section:
      (a)   No. 1. North 2nd street from Poplar street to Fairmount avenue.
      (b)   No. 2. North Marshall street from Brown street to 140 feet south of Girard avenue.
      (c)   No. 3. Christian street to Federal street on South 9th street.
      (d)   No. 5. South 4th street from South street to Washington avenue.
      (e)   No. 6. South 7th street from Mifflin street to Wolf street.
   (3)   Licenses. 17
      (a)   No person shall occupy or vend in any space in a curb market unless he has obtained a license from the Department of Licenses and Inspections.
      (b)   Application for a license to act as a curb vendor shall set forth the name and address of the applicant, a description of the cart from which he will vend, and any other information that the Department requires, and requires payment of a non-refundable application fee of twenty dollars ($20) for an initial license, which fee shall be credited toward the annual fee if the license is issued. 18
      (c)   The annual fee for a license is three hundred thirty dollars ($330) for each licensed location. 19
      (d)   If a space is available, and if the Department finds the application is in proper form and the applicant is entitled to receive a license, the Department shall issue a license for a period of one year from the date of issue, for a space designated and assigned to him by the Department.
      (e)   No person shall be issued licenses for more than two spaces, except as provided in subsection (10). 20
      (f)   Except as provided in subsection (10), in issuing licenses, the Department shall give preference to persons already holding licenses and who have regularly occupied or vended at the licensed location who file application for renewal at least 10 days before the expiration of the existing licenses. 21
   (4)   Spaces.
      (a)   No vendor shall occupy any space other than that assigned to him.
      (b)   The spaces shall be arranged so that between every three spaces there is an opening or passageway at least two feet wide.
      (c)   No space shall be established in front of a church or school building or at other locations where the Department finds that such use of the street will be detrimental to the public health, safety or welfare.
   (5)   Hours of Doing Business. 22
      (a)   Curb markets may be open for business daily between the hours of 6 a.m. and 7 p.m., except on Friday and Saturday, when they may be open until 10 p.m.
   (6)   Products Which May Be Sold.
      (a)   Curb markets shall sell only fresh fruits and fresh vegetables, boxed fresh eggs, frankfurter sandwiches, shoes and dry goods. 23
      (b)   The prohibitions set forth in subsection 9-205(8)(r), relating to the Pennsylvania Trademark Act, and the enforcement mechanisms set forth therein, shall apply in any curb market. 24
   (7)   Conduct of Vendors.
      (a)   All merchandise shall be stored in the space assigned and shall be sold from carts. No other merchandise, containers, devices or matter of any kind may be placed by or for the vendor on any other part of the street.
      (b)   Vendors who sell food shall comply with the provisions of Title 6 as well as with the provisions of this Section.
      (c)   Vendors shall not litter the street and shall provide suitable receptacles for refuse and waste matter, which shall be removed by them at the close of business each day.
      (d)   At least once each business day, each vendor shall clean the space assigned to him and the portion of the street adjacent to it.
   (8)   Supervision of Curb Markets.
      (a)   The Department shall supervise and control curb markets and shall enforce the provisions of this Section.
   (9)   Penalties. 25
      (a)   If any person violates any provision of this Section, the Department shall serve written notice upon him directing him to comply with the provisions of this Section within such reasonable period, not less than 24 hours, as the Department determines.
      (b)   After the expiration of the time stated in the notice, if the offender has not corrected the violation, the Department may itself or by contract remove his cart or any goods that are in the space. The cost shall be charged against the offender and the Law Department may take action for the collection of such costs, by lien or otherwise, as authorized by law.
      (c)   After the expiration of the time stated in the notice, if the offender has not corrected the violation, the Department may revoke his license. Such revocation shall be by written notice and shall not entitle the licensee to refund of any part of the license fee. When any license is revoked, the space affected shall be available for reassignment.
   (10)   Special Provisions for South 9th Street Curb Market. 26
      (a)   Beginning January 1, 2014, the Department is authorized to issue a single curb market license governing multiple curb market spaces as defined in this Section in the area defined in subsection 9-201(2)(c). Eligibility for such license shall be limited to business associations associated with that vending area and shall be awarded based on ability to manage the allocation of vending spaces. Licensees that have individual licenses to spaces not included within a license governing multiple curb market spaces shall be permitted to retain their separate individual licenses provided they continue to comply with licensing requirements. 27
      (b)   Such association shall be responsible for allocating the spaces designated in the license among vendors who seek to use such spaces. Preference shall be given to persons holding licenses before January 1, 2014, and who have regularly occupied or vended at the licensed location. Remaining spaces shall be distributed in an equitable manner, such as first-come first-serve, a lottery or other equitable system. An association that has received a license governing multiple curb spaces shall, by June 1, 2015, submit a list of all individuals of whom the association is aware who had licenses under this Section before January 1, 2014. 28
      (c)   The association shall require payment of the fee for each space used, as well as reasonable administrative costs, as a condition of qualification for use of a space.
      (d)   The association shall provide by agreement with each vendor that the vendor shall comply with all provisions of this Section of the Code and all other applicable laws.
      (e)   The association and each individual vendor shall each be responsible for compliance with this Section.
      (f)   Notwithstanding the provisions of subsection 9-201(3), the holder of any individual license who was also a licensee before January 1, 2014 may be issued licenses for more than two stands. 29

 

Notes

14
   Source: 1952 Ordinances, p. 231.
15
   Amended, Bill No. 130700 (approved December 4, 2013).
16
   Amended, Bill No. 130700 (approved December 4, 2013).
17
   Amended, 1973 Ordinances, p. 902; amended, 1992 Ordinances, p. 550; former subsections (c) and (f) deleted, remaining subsections renumbered, Bill No. 090777-A (approved February 17, 2010).
18
   Amended, Bill No. 170164 (approved April 4, 2017).
19
   Amended, Bill No. 090777-A (approved February 17, 2010); amended, Bill No. 170164 (approved April 4, 2017).
20
   Amended, Bill No. 130700 (approved December 4, 2013).
21
   Amended, Bill No. 130700 (approved December 4, 2013).
22
   Amended, Bill No. 130700 (approved December 4, 2013).
23
   Amended, 1956 Ordinances, p. 356.
24
   Added, Bill No. 960085-A (approved December 21, 1999).
25
   Amended by deleting subsection (d), 1990 Ordinances, p. 715.
26
   Added, Bill No. 130700 (approved December 4, 2013).
27
   Amended, Bill No. 150171-A (approved May 5, 2015).
28
   Amended, Bill No. 150171-A (approved May 5, 2015).
29
   Added, Bill No. 150171-A (approved May 5, 2015).