§ 9-204.  Sidewalk Vendors in Center City. 64
   (1)   Definitions.
      (a)   Blockface. One side of a segment of a street that does not extend beyond any intersection with another street, or portion thereof.
      (b)   Center City. The area bounded by the north side of Vine street, the south side of Bainbridge street, and the Delaware and Schuylkill Rivers.
      (c)   Employee. For purposes of this Section, an individual who renders services at a vending stand at the direction and under the control of the licensee of that stand, and from whose compensation the licensee deducts and pays wage tax to the City pursuant to Section 19-1504 of this Code. 65
      (d)   Sidewalk. All that area legally open to public use as a pedestrian public way between the curb line and the legal house line of the abutting property.
      (e)   Stand. Any showcase, table, bench, rack, handcart, pushcart, stall or any other fixture, device or thing whatever which is used to display, exhibit, carry, transport, store, offer for sale, or sell any food, beverages, goods, wares or merchandise upon the sidewalk.
      (f)   Sidewalk Vendor. Any person who exhibits, displays, offers for sale or sells any food, beverages, goods, wares or merchandise from any stand while on the sidewalk, except persons who conduct licensed operations pursuant to subsection 9-205(2)(b).
      (g)   Vendor Advisory Board. The Board created pursuant to subsection 9-204(14).
   (2)   Exemptions. The provisions of this Section shall not apply to:
      (a)   The temporary placement of goods, wares, or merchandise on the sidewalk in the ordinary course of delivery, shipment or transfer;
      (b)   The placing and maintenance of stands and other display or sales devices for the sale, display or offering for sale of newspapers, magazines, periodicals, paperbound books, and the maintenance of lottery machines for the sale of the State Lottery as provided for by the State Lottery Law;
      (c)   The display and sale of Christmas trees pursuant to a permit issued by the Department during the three (3) weeks prior to December 25;
      (d)   Sidewalk vending outside of Center City, which is regulated pursuant to Section 9-205;
      (e)   Sidewalk vending by owners and tenants of properties at the locations listed in subsection (f). Such vending shall be permitted and shall be exempt from the provisions of Sections 9-205 and 9-204, including, but not limited to, the license requirement of subsections 9-205(3) and 9-204(3), provided: 66
         (.1)   Such sidewalk vending is accessory to a business conducted in the abutting property;
         (.2)   Sidewalk vending takes place within forty inches (40") of the building line;
         (.3)   A minimum of five feet (5') of unobstructed sidewalk width shall be maintained at all times;
         (.4)   All goods, wares, and merchandise sold or offered for sale shall be of like type and quality as that sold in the business conducted in the abutting property; and
         (.5)   All items displayed for sale shall be arranged in a single layer so that no such item is placed on top of another such item.
      (f)   Subsection (e) shall apply to owners and tenants of properties at the following locations:
         (.1)   The 900, 1000, 1100, 1200, and 1300 blocks of Pine street; 67
         (.2)   1523 and 1529 Spruce street; 68
         (.3)   South street between Front street and Eighth street on Tuesdays with hours of operation from 2:00 p.m. to 7:00 p.m.; 69
      (g)   Farmers' Markets licensed pursuant to Section 9-213. 70
      (h)   Sidewalk vending of fresh fruits and vegetables only, by the owner or tenant of the abutting building that takes place within three feet (3') of said building and maintains a minimum unobstructed sidewalk width of six feet (6') or half of total sidewalk width, whichever is greater, at all times. 71
   (3)   License. 72 It shall be unlawful for any person to engage in the business of a sidewalk vendor within Center City without first obtaining a license pursuant to this Section from the Department.
      (a)   Each license shall show the name and address of the licensee, the category of goods to be sold (prepared food, produce and flowers, or merchandise), the blockface on which the licensee is permitted to vend, the amount of the license fee, the date of issuance and date of expiration, the license number, an identifying description of the stand used by the licensee and the motor vehicle trailer registration number.
      (b)   Every license issued under this Section shall be issued as of the first day of January of the then current calendar year and shall be effective, unless suspended or revoked, until the thirty-first (31st) day of December of the same calendar year. Licenses may be renewed in accordance with this Section for similar one (1) year periods.
      (c)   No more than one (1) license shall be issued under this Section to any one person, and each such license shall permit the licensee to operate only one (1) stand.
         (.1)   A licensee who holds two licenses for vending under this Section as of January 1, 2018 may retain the second license until such time as one of such licenses may be suspended or revoked, or the licensee chooses to terminate the second license.
      (d)   All licenses issued under this Section shall permit the licensee to conduct licensed operations only on the single blockface designated in the license. Subject to the restrictions set forth in subsection 9-204(11), and subject to subsection 9-204(6)(c), a licensee may conduct licensed operations from any location on the designated blockface.
      (e)   A vending cart licensed under this Section 9-204 may only be operated by the licensee or by one or more employees, as defined in this Section, of the licensee.
      (f)   Each license is issued for the sole and exclusive use and benefit of the person in whose name it is issued and shall be non-assignable and non-transferable through any instrumentality whatsoever, including, but not limited to, a conveyance, leasehold, trust, power of attorney, or devise.
   (4)   License Issuance. 73 Licenses under this Section shall be issued as follows:
      (a)   Whenever two or more vending locations become available in Center City, the Department will conduct a lottery to choose among qualified applicants to award a license to vend at one of the available locations. To qualify for the lottery, an applicant must hold a current vending license under Section 9-205 or Section 9-206 of this Code, that was issued prior to the date that the Department publicly announces the lottery.
      (b)   The Department shall provide notice of the lottery and the available locations, at least thirty (30) days in advance of the date of the lottery. Notice shall be posted on the Department's website, at locations at which licenses are issued, and provided by email to current licensees who have provided an email address to the Department.
      (c)   The Department shall randomly select new licensees, for the number of currently available locations under this Section, from the pool of approved license numbers submitted at least 72 hours in advance of the announced date and time of the lottery. The licensees selected through the lottery may pick from the available locations in the order in which their number was drawn.
      (d)   Within one week of notification of their selection, the selected licensee(s) shall contact the Department regarding the location chosen, and shall appear in person at the Department and provide:
         (.1)   Proof of identity and address;
         (.2)   Current vending license;
         (.3)   Valid Pennsylvania sales tax identification number and Philadelphia commercial activity license number;
         (.4)   The category of goods to be sold at the stand (prepared food, produce and flowers, or merchandise); and
         (.5)   Initial Center City license fee of three hundred thirty dollars ($330).
      (e)   Selected licensees shall begin operations pursuant to a license approved under this Section within 60 days from satisfaction of all requirements in subsection 9-204(4)(d), or within such other time limit as the Department may require.
   (5)   Identification and License Display. 74 Each person licensed under this Section or his employee shall, while engaged in the business of vending, carry a license on his person. In addition to the carried license, the Department shall issue a sticker bearing the words "Center City Vendor", the year for which issued, the assigned location of the stand, and the number of the license, which shall be the same number as that on the carried license. The words "Center City Vendor" and the license number shall be of uniform size and plainly discernible. The sticker shall be permanently affixed to the stand by the Department, in a place which is clearly visible to the public. Licenses and stickers shall be carried and displayed only by the person to whom they were issued or by that person's employee and may not under any circumstances be transferred to any other person.
   (6)   License Renewal; Change of License Information; Change in Category of Goods Sold. 75
      (a)   The Department shall send to each person licensed under this Section, at a time reasonably in advance of the end of each license year, a renewal license. If the licensee returns the renewal license to the Department, together with payment of the annual renewal fee of three hundred thirty dollars ($330) and a statement of the changes, if any, in the license information required by subsection 9-204(4), the Department shall then validate the renewal license and return it, together with a new sticker to be affixed on the stand, to the licensee, who shall thereby be licensed for the succeeding license year. If the licensee fails to return the renewal license to the Department within thirty (30) days of the date the Department sent it to the licensee, an employee of the Department shall on one occasion visit the blockface for which the licensee is licensed during the licensee's usual hours of operation in an attempt to contact the licensee personally and inform the licensee of the need to return the renewal license to the Department. If the licensee fails to return the renewal license to the Department within thirty (30) days of the date the Department employee visited the licensee's blockface (whether or not the employee was able to contact the licensee), then the licensee shall be deemed to have failed to apply for renewal, the license shall not be renewed, and the licensee's blockface location shall be reassigned in accordance with the procedures of subsection 9-204(4).
      (b)   Licensees must, during the license year, notify the Department in writing of any change in the information required by subsection 9-204(4), within thirty (30) days of such change, provided that no licensee may change the category of what is sold to include prepared food without the prior approval of the Department, which shall be granted if all legal requirements for the selling of food from the stand are met.
      (c)   The renewed license shall permit the licensee to continue to vend from the same blockface location as designated in the license being renewed.
      (d)   Licensees under this Section 9-204 who intend also to conduct vending in a non-Center City location under Section 9-205 or 9-206 of this Code shall also maintain their license under those Code Sections and comply with any additional requirements for such license.
   (7)   Trash Removal and Clean Up: Sanitation.
      (a)   Licensees are responsible for maintaining the sidewalk within fifteen feet of their stands clean of all trash generated by their vending operations, and for washing the sidewalk in the area occupied by their stands in the manner and at frequencies specified by the Department by regulation.
      (b)   Licensees must take with them at the end of each day all trash, litter, garbage and refuse generated by their vending operations. No licensee may place or deposit any trash, litter, garbage or refuse generated by his licensed operations on the sidewalk, in any public receptacle, or on any private property without the express permission of the property owner.
   (8)   Vending Locations. 76
      (a)   Vending is not permitted except in specifically designated locations. The following vendor locations are hereby designated as locations from which vending shall be permitted, provided Council shall not ever designate more than 300 such locations in all of Center City: 77
 
STREET
FROM:
TO:
SIDE
NUMBER OF LOCATIONS
3RD
LUDLOW
CHESTNUT
EAST
1
4TH
ARCH
MARKET
WEST
1
4TH
MARKET
LUDLOW
WEST
1
5TH
ARCH
MARKET
EAST
3
5TH
RANSTEAD
LUDLOW
EAST
1
5TH
SOUTH
KATER
EAST
1
6TH
MARKET
RANSTEAD
WEST
3
6TH
RANSTEAD
CHESTNUT
WEST
1
6TH
CHESTNUT
SANSOM
WEST
2
6TH
SANSOM
WALNUT
WEST
1
7TH
MARKET
RANSTEAD
EAST
1
7TH
CHESTNUT
SANSOM
EAST
2
7TH
FILBERT
MARKET
WEST
2
7TH
LUDLOW
RANSTEAD
WEST
1
7TH
CHESTNUT
IONIC
WEST
1
7TH
SANSOM
WALNUT
WEST
1
8TH
ARCH
FILBERT
EAST
1
8TH
FILBERT
MARKET
EAST
2
8TH
MARKET
LUDLOW
EAST
1
8TH
LOCUST
SPRUCE
EAST
1
8TH
RACE
CHERRY
WEST
1
8TH
FILBERT
MARKET
WEST
3
8TH
MARKET
RANSTEAD
WEST
1
9TH
CHESTNUT
SANSOM
EAST
1
9TH
FILBERT
MARKET
WEST
2
9TH
MARKET
CHESTNUT
WEST
3
9TH
WALNUT
LOCUST
WEST
1
10TH
CHESTNUT
SANSOM
EAST
1
10TH
MARKET
LUDLOW
WEST
1
10TH
WALNUT
LOCUST
WEST
1
11TH
APPLETREE
ARCH
EAST
1
11TH
ARCH
FILBERT
EAST
1
11TH
FILBERT
MARKET
EAST
2
11TH
MARKET
LUDLOW
EAST
2
11TH
LUDLOW
CHESTNUT
EAST
1
11TH
WALNUT
LOCUST
EAST
1
11TH
FILBERT
MARKET
WEST
1
11TH
MARKET
LUDLOW
WEST
1
11TH
LUDLOW
CLOVER
WEST
1
11TH
CLOVER
CHESTNUT
WEST
1
11TH
CHESTNUT
SANSOM
WEST
1
12TH
MARKET
CHESTNUT
EAST
3
12TH
MARKET
CLOVER
EAST
1
12TH
CLOVER
POINT 100' S OF CLOVER
WEST
1
12TH
SANSOM
WALNUT
WEST
1
13TH
MARKET
LUDLOW
EAST
2
13TH
CLOVER
CHESTNUT
EAST
1
13TH
MARKET
CHESTNUT
WEST
2
13TH
CHESTNUT
DRURY
WEST
2
13TH
WALNUT
CHANCELLOR
WEST
1
15TH
VINE
RACE
EAST
4
15TH
MORAVIAN
WALNUT
EAST
1
15TH
WALNUT
CHANCELLOR
EAST
1
15TH
JFK
MARKET
WEST
5
15TH
MARKET
RANSTEAD
WEST
5
15TH
CHESTNUT
IONIC
WEST
1
15TH
SANSOM
MORAVIAN
WEST
1
15TH
MORAVIAN
WALNUT
WEST
1
15TH
WALNUT
LOCUST
WEST
2
16TH
JFK
MARKET
EAST
4
16TH
MARKET
RANSTEAD
EAST
3
16TH
CHESTNUT
SANSOM
EAST
1
16TH
MORAVIAN
WALNUT
EAST
1
16TH
VINE
RACE
WEST
1
16TH
RACE
CHERRY
WEST
1
16TH
ARCH
CUTHBERT
WEST
1
16TH
JFK
MARKET
WEST
5
16TH
LUDLOW
POINT 60' N OF LUDLOW
WEST
1
16TH
WALNUT
CHANCELLOR
WEST
1
17TH
RACE
PARKWAY
EAST
1
17TH
ARCH
JFK
EAST
2
17TH
JFK
MARKET
EAST
3
17TH
CHESTNUT
STOCK EXCHANGE PLACE
EAST
1
17TH
WALNUT
CHANCELLOR
EAST
1
17TH
JFK
MARKET
WEST
3
17TH
MARKET
LUDLOW
WEST
3   
17TH
LUDLOW
RANSTEAD
WEST
3
17TH
SANSOM
MORAVIAN
WEST
1
17TH
WALNUT
CHANCELLOR
WEST
1
18TH
JFK
MARKET
EAST
3
18TH
MARKET
LUDLOW
EAST
1
18TH
RANSTEAD
CHESTNUT
EAST
1
18TH
LOCUST
RITTENHOUSE SQ ST
EAST
1
18TH
COMMERCE
MARKET
WEST
2
18TH
RANSTEAD
CHESTNUT
WEST
1
18TH
CHESTNUT
SANSOM
WEST
2
18TH
SANSOM
WALNUT
WEST
2
18TH
LOMBARD
SOUTH
WEST
1
19TH
MARKET
LUDLOW
EAST
2
19TH
SANSOM
WALNUT
EAST
2
19TH
COMMERCE
MARKET
WEST
1
19TH
MARKET
LUDLOW
WEST
3
19TH
CHESTNUT
SANSOM
WEST
2
20TH
MARKET
LUDLOW
EAST
1
20TH
RANSTEAD
CHESTNUT
EAST
1
20TH
MARKET
LUDLOW
WEST
2
21ST
CUTHBERT
MARKET
EAST
1
23RD
MARKET
CHESTNUT
EAST
1
23RD
JFK
MARKET
WEST
1
WINTER
20TH
21ST
SOUTH
1
RACE
20TH
21ST
NORTH
1
RACE
19TH
20TH
SOUTH
1
ARCH
4TH
5TH
NORTH
1
ARCH
BROAD
15TH
SOUTH
1
JFK
18TH
19TH
NORTH
1
JFK
19TH
20TH
NORTH
1
JFK
15TH
16TH
SOUTH
3
JFK
17TH
18TH
SOUTH
2
JFK
18TH
19TH
SOUTH
2
MARKET
23RD
SCHUYLKILL
NORTH
1
S PENN SQ
JUNIPER
BROAD
SOUTH
1
SANSOM
10TH
11TH
NORTH
1
SANSOM
JUNIPER
BROAD
SOUTH
1
LOCUST
BROAD
15TH
NORTH
1
SPRUCE
8TH
9TH
SOUTH
1
SPRUCE
JUNIPER
BROAD
SOUTH
1
SPRUCE
BROAD
15TH
SOUTH
1
LOMBARD
BROAD
15TH
SOUTH
1
 
 
The following locations are designated as alternate locations, totaling thirty (30), as those designations from which vending will be permitted in the event of an emergency situation, including but not limited to: construction, street paving or repairs, street closing. These determinations will be made by the Commissioner of Licenses and Inspections in consultation with the Vendors' Advisory Board.
 
STREET
FROM:
TO:
SIDE
NUMBER OF LOCATIONS
FRONT
WALNUT
DOCK
WEST
1
2ND
SOUTH
BAINBRIDGE
WEST
1
4TH
ARCH
MARKET
EAST
1
4TH
ARCH
MARKET
WEST
1
5TH
WALNUT
ST JAMES
EAST
1
7TH
SANSOM
WALNUT
EAST
1
7TH
IONIC
SANSOM
WEST
1
8TH
LOCUST
SPRUCE
EAST
1
9TH
FILBERT
MARKET
WEST
1
15TH
S PENN SQ
RANSTEAD
EAST
2
15TH
RANSTEAD
CHESTNUT
EAST
1
17TH
ARCH
CUTHBERT
EAST
1
17TH
CUTHBERT
JFK
EAST
1
18TH
COMMERCE
MARKET
WEST
1
20TH
JFK
COMMERCE
EAST
1
20TH
COMMERCE
MARKET
EAST
1
20TH
LUDLOW
RANSTEAD
EAST
1
20TH
JFK
MARKET
WEST
2
ARCH
13TH
JUNIPER
NORTH
2
ARCH
JUNIPER
BROAD
NORTH
1
MARKET
20TH
21ST
NORTH
1
S PENN SQ
BROAD
15TH
SOUTH
1
CHESTNUT
FRONT
COLUMBUS BLVD
NORTH
1
WALNUT
FRONT
COLUMBUS BLVD
NORTH
1
WALNUT
FRONT
COLUMBUS BLVD
SOUTH
1
DOCK
2ND
FRONT
NORTH
1
DOCK
FRONT
COLUMBUS BLVD
SOUTH
1
 
 
      (b)   The Department shall maintain and make available on its website and for public inspection during regular business hours a complete list of all permitted vending locations as designated by Ordinance. 78
      (c)   Issuance of a license for a particular blockface is not a guarantee that such blockface will remain a permitted vending location for the duration of the license or any renewal periods. Council may by ordinance remove a blockface from the list of designated blockfaces, or reduce the number of vendors permitted on such blockface. If Council removes a blockface from the list of designated blockfaces, vendors licensed for such blockface must apply to the Department for a new blockface designation. If Council reduces the number of vendors permitted on a blockface, the Department shall determine which vendor or vendors may no longer vend on such blockface, and such vendor or vendors must apply to the Department for a new blockface designation. In such instances, the Department may give such displaced vendors priority when other Center City locations become available, prior to conducting a lottery under subsection (4)(a). 79
      (d)   All licenses issued under this Section 9-204 are subject to temporary business interruptions and the locations may be unavailable for vending at certain times, such as during large City-sponsored special events, the conduct of street or sidewalk repairs, or other similar occasions. The Department shall give as much notice as possible to affected licensees of the occurrence of such interruptions, and will endeavor to make alternative, temporary locations available. 80
   (9)   Permitted Stand Designs and Required Stand Maintenance.
      (a)   Licensed sidewalk vendors may only use stands that have been inspected and approved by the Department as in conformance with design regulations promulgated by the Department. Such regulations shall address the dimensions, structural materials, mobility, and other design aspects of the stands, with the purpose of protecting public safety and ensuring that stands are placed on the public rights-of-way and maintained in a neat, clean and orderly fashion, and ensure that all stands:
         (.1)   not exceed four feet in width, eight feet in length, or eight feet in height, such dimensions including all merchandise extensions and coverings (provided that the regulations may create exceptions permitting merchandise extensions and coverings to be outside the dimensions of the stand if the public safety and pedestrian right-of-way are protected), but excluding trailer hitches and enclosed propane tanks located above the area occupied by such hitches;
         (.2)   have storage areas not visible to the public;
         (.3)   be capable of transporting all vendor's wares such that vendor can set up and break down the stand without placing any objects on the footway or cartway beyond the four feet by eight feet allowable space;
         (.4)   be of materials that are durable and easy to clean;
         (.5)   have advertising and other signage limited to the name of the stand or items sold and listing of items sold and price; in lettering not to exceed prescribed size;
         (.6)   be readily movable by vendor;
         (.7)   for stands from which are sold prepared food, produce, flowers, or any other item or items which the Department by regulation designates as generating trash, provide, within the four feet by eight feet by eight feet permitted dimensions of the stand, or above the area occupied by a trailer hitch, at least a twenty (20) gallon capacity trash storage area; and
         (.8)   not be propelled by an internal combustion engine.
      (b)   The regulations promulgated pursuant to subsection 9-204(9)(a) shall include specific approved designs. If a licensee wishes to use a design other than one of those specifically approved by regulation, the licensee must submit the proposed stand design, in detail required by the Department, for the Department's approval under the criteria listed in subsection 9-204(9)(a). Upon receipt of the proposed stand design in required detail, the Department shall review and approve or send the design back with instructions for revision. The Department may seek input on design criteria and approvals from the Vendor Advisory Board. 81
      (c)   Once a licensee's stand design is approved, the Department will make a photograph of the approved stand, and no alterations or additions may be made without the Department's approval of the new stand design in accordance with subsection 9-204(9)(b).
      (d)   The Department shall also promulgate regulations requiring licensees to maintain their carts in clean and good working order so as to fulfill the purpose of this subsection 9-204(9).
      (e)   Stands from which food or beverages are sold must also be in compliance with all applicable provisions of the Health and Fire Codes.
   (10)   Annual Inspections. 82
      (a)   The Department shall conduct an annual inspection of each licensee under this Section. Notice of the date and time of the inspection shall be provided to the licensee at least 30 days in advance. The licensee shall personally attend the inspection, which in the case of food licensees shall be coordinated with and conducted together with the annual inspection by the Health Department. At the inspection, the Department shall verify that:
         (.1)   The license is issued in the correct name, and the sticker bearing the same license number as the license carried by the licensee is affixed to the vending stand in a clearly visible location;
         (.2)   The vending stand meets all of the requirements of this Section with respect to size and design; and
         (.3)   The number of code violations that the licensee has received regarding the stand being inspected does not exceed three during the past year.
      (b)   The Department may issue a notice of violation for each failure to comply with the requirements of this Section as of the annual inspection. If the licensee has exceeded the maximum number of violations allowed under subsection 9-204(13), including any violations issued at the inspection, the inspector may revoke the vending license.
   (11)   Prohibited Locations. 83 No person shall vend at any of the following locations:
      (a)   at any location other than the blockface designated in the vendor's license;
      (b)   at any location that would reduce the unobstructed pedestrian right-of-way to less than six and one- half feet, such width not to include the width of any grate;
      (c)   within ten feet of the extension of legal building lines;
      (d)   on medians of divided highways;
      (e)   on any portion of a sidewalk directly in front of any building entrance, loading dock or loading ramp;
      (f)   within twenty-five feet upstream (in the direction from which vehicular traffic in the nearest curbside lane approaches) of any bus stop sign;
      (g)   within ten feet of subway entrance or exits;
      (h)   within ten feet of a fire hydrant;
      (i)   within fifteen (15) feet of any means of egress from a building; 84
      (j)   within fifteen feet upstream of any mid-block crosswalk;
      (k)   within fifteen feet of any alley or driveway;
      (l)   within ten feet of a newsstand;
      (m)   within five feet of where the curbs have been depressed to facilitate pedestrian or vehicular movement; and
      (n)   more than eighteen inches from the curb line except that with the express, written consent of the abutting owner, a sidewalk vendor may place a stand at the building line.
   (12)   Other Prohibited Conduct. 85 No vendor or person shall:
      (a)   conduct himself or his business in such a way as would restrict or interfere with the ingress or egress of the abutting owner or tenant, or in such a way as would create or become a nuisance or hazard to public health, safety or welfare, or increase traffic congestion or delay, or constitute an obstruction to adequate access to fire, police, or sanitation vehicles;
      (b)   leave any stand unattended on a sidewalk at any time;
      (c)   conduct licensed operations between eleven (11) p.m. and six (6) a.m.;
      (d)   violate the provisions of subsection 9-205(8)(r), relating to the Pennsylvania Trademark Act or non- conforming recording devices; and any violations shall be subject to the enforcement provisions of subsection 9-205(8)(r), in addition to any other enforcement provisions provided by law. 86
   (13)   Penalties, License Suspension, Revocation, and Loss of Assigned Location. 87
      (a)   The penalty for violation of any provision of this Section is, in addition to any other sanctions provided, a fine not exceeding three hundred dollars ($300) for each offense. Each day of violation shall be deemed a separate offense. Violations may also result in a license suspension of up to thirty (30) days, or license revocation. The Department may revoke the license of any licensee who has been issued more than three violations in one calendar year. Licenses may also be revoked if any fine is not paid within ten (10) days of imposition by a final order from which all appeals have been exhausted. An order of the Department revoking a license shall specify when the licensee may reapply for a license, which shall be not less than ninety (90) days nor more than one (1) year from the date of revocation. Persons reapplying for licenses after having their licenses revoked shall be required to reapply through the selection procedures in subsection 9-204(4). 88
      (b)   In addition to the penalties provided in subsection 9-204(12)(a), the Department is hereby authorized, when a uniformed police officer is present, to remove any stand, equipment, goods, wares, merchandise or any other article or thing held for sale by any licensee who uses the sidewalk or streets in violation of this Section and refuses to comply immediately with this Section upon written notice of violation and an order to vacate the sidewalk or streets. The licensee shall be immediately notified of the place where his property can be reclaimed and shall be entitled to claim his property immediately upon payment of the costs of removal.
      (c)   Any license issued under this Section may also be revoked for any of the following reasons:
         (.1)   fraud, misrepresentation or knowingly false statement contained in the application for the license;
         (.2)   fraud, misrepresentation or knowingly false statement in the course of carrying on licensed operations; or
         (.3)   failure to conduct licensed operations for any consecutive twenty (20) day period, without prior notice to the Department, receipt of which has been duly acknowledged by the Department. Violation of this subsection 9-204(13)(c)(.3) shall result in license revocation. 89
      (d)   Whenever a licensee's license is revoked under this subsection 9-204(12), the location to which the licensee had been assigned shall be reassigned in accordance with the procedures established pursuant to subsection 9-204(8)(d).
   (14)   Vendor Advisory Board. 90
      (a)   A Vendor Advisory Board shall be created consisting of nine (9) members. The Mayor shall appoint as members two (2) representatives of the vendor community, a representative of the business community, a representative of neighborhood resident organizations, and three (3) other persons. The City Council President shall appoint two (2) members. Members shall serve one (1) year terms.
      (b)   The Vendor Advisory Board shall have the powers and duties set forth in this Section, and any additional powers and duties conferred by the Mayor.
      (c)   The Board shall solicit and receive comments and suggestions from vendors and community members, and shall communicate such comments and suggestions to the Department; and shall provide advice to the Department concerning regulation of Center City vending, stand design, achieving greater variety in types of food and goods sold, and any other subjects on which the Department seeks counsel. 91
   (15)   Construction. No part of this Section or the Section itself shall be construed to be in amplification or derogation of the rights of responsibilities of abutting property owners. Any remedy, right or obligation provided to such owners of property or their successors in interest under the law of real property or the laws of the Commonwealth of Pennsylvania shall be in addition to the remedies, rights, obligations or penalties provided hereunder.
   (16)   Severability. Each of the provisions of this Section is severable, and if any provision is held invalid, the remaining provisions shall not be affected, but shall remain in full force and effect.

 

Notes

64
   Added and former Section 9-204 renumbered, 1990 Ordinances, p. 985 (Bill No. 1050-A). Section 2 of Bill No. 1050-A provided: "Effective Date. This Ordinance shall take effect either one hundred eighty (180) days after the date of final passage, or upon the effective date of the Ordinance enacted by City Council designating the blockfaces upon which vending shall be permitted and the maximum number of sidewalk vendor licenses that may be issued for each such blockface, as referenced in subsection 9-204(8)(a) of The Philadelphia Code to be added by Section 1 of this Ordinance, whichever date is later." The referenced Ordinance designating blockfaces is Bill No. 1205-AA (approved January 3, 1992). Section 4 of Bill No. 1205-AA provides: "This Ordinance shall take effect immediately; provided, however, that no person shall be prohibited from vending pursuant to Section 9-204(3) of The Philadelphia Code until a date designated and announced publicly by the Commissioner of the Department, which designated date shall be no less than one hundred twenty (120) days after the date upon which vending license applications under Chapter 9-204 are made available by the Department to the public. The Council shall be officially notified of such designated date immediately upon its announcement by the Commissioner and may cause such date to be postponed by resolution enacted after hearing by a majority of its members." See 1991 Ordinances, p. 1479. See also Section 2 of Bill No. 1653-A, 1992 Ordinances, p. 1488. Amended, Bill No. 050384 (approved June 29, 2005). Enrolled Bill No. 050384 deleted subsection (13) but neglected to renumber; remaining subsections renumbered by Code editor.
65
   Added and subsequent subsections renumbered, Bill No. 180079 (approved May 2, 2018).
66
   Amended, Bill No. 180079 (approved May 2, 2018).
67
   Added Bill No. 020117 (approved April 17, 2002).
68
   Added Bill No. 040151 (approved May 6, 2004).
69
   Added, Bill No. 050511 (became law July 8, 2005). Section 2 of Bill No. 050511 provides: "The provisions of this Ordinance shall expire on September 15, 2005."
70
   Added, Bill No. 050384 (approved June 29, 2005).
71
   Added, Bill No. 180555 (approved September 19, 2018).
72
   Amended, 1991 Ordinances, p. 1488; amended, Bill No. 180079 (approved May 2, 2018).
73
   Amended, Bill No. 080853 (approved December 8, 2008); amended, Bill No. 090777-A (approved February 17, 2010); amended, Bill No. 110758 (approved December 21, 2011), effective May 1, 2012; amended, Bill No. 170164 (approved April 4, 2017); amended, Bill No. 180079 (approved May 2, 2018).
74
   Amended, Bill No. 040400 (approved July 1, 2004). Section 3 of Bill No. 040400 provides: "This Ordinance shall take effect immediately and the provisions of this Ordinance shall expire one year after this Ordinance became law." Amended, Bill No. 180079 (approved May 2, 2018).
75
   Amended, Bill No. 080853 (approved December 8, 2008); amended, Bill No. 170164 (approved April 4, 2017); amended, Bill No. 180079 (approved May 2, 2018).
76
   Amended, Bill No. 041004 (approved February 10, 2005); amended as to 8th street, Bill No. 050141 (approved May 4, 2005); amended as to 10th street, Bill No. 060141 (approved April 20, 2006); amended as to 5th street, Bill No. 090748 (approved January 13, 2010); amended as to 5th street, Bill No. 130388 (approved July 11, 2013); amended as to 5th street, Bill No. 130588 (approved October 23, 2013); amended, Bill No. 130951 (approved February 19, 2014); amended, Bill No. 140387 (approved June 27, 2014); amended, Bill No. 140486 (approved November 12, 2014).
77
   Amended, Bill No. 140751 (approved April 28, 2015); amended, Bill No. 150148 (approved April 28, 2015); amended, Bill No. 150218 (approved June 2, 2015); amended, Bill No. 150346 (approved December 23, 2015); amended, Bill No. 160673 (approved November 1, 2016); amended, Bill No. 170113 (approved April 17, 2017); amended, Bill No. 170722 (approved October 25, 2017).
78
   Former subsection (b) deleted, Bill No. 150148 (approved April 28, 2015); former subsection (c) amended and renumbered as (b), Bill No. 180079 (approved May 2, 2018).
79
   Former subsections (d) through (f) deleted and former subsection (g) amended and renumbered as (c), Bill No. 180079 (approved May 2, 2018).
80
   Added, Bill No. 180079 (approved May 2, 2018).
81
   Amended, Bill No. 180079 (approved May 2, 2018).
82
   Added, Bill No. 180079 (approved May 2, 2018).
83
   Renumbered, Bill No. 180079 (approved May 2, 2018).
84
   Amended, 1991 Ordinances, p. 1488; amended, Bill No. 070227 (approved May 24, 2007).
85
   Amended, Bill No. 960085-A (approved December 21, 1999); renumbered, Bill No. 180079 (approved May 2, 2018).
86
   Added, Bill No. 960085-A (approved December 21, 1999).
87
   Renumbered, Bill No. 180079 (approved May 2, 2018).
88
   Amended, Bill No. 180079 (approved May 2, 2018).
89
   Amended, Bill No. 180079 (approved May 2, 2018).
90
   Renumbered and former subsection (14) deleted, Bill No. 180079 (approved May 2, 2018).
91
   Amended, Bill No. 180079 (approved May 2, 2018).