(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). 16
(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. 17 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.
(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. 19
(c) The annual fee for a license is three hundred thirty dollars ($330) for each licensed location. 20
(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). 21
(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. 22
(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.
(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. 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.
(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.
(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. 28
(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. 29
(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.
Notes
15 | Source: 1952 Ordinances, p. 231. |
16 | Amended, Bill No. 130700 (approved December 4, 2013). |
17 | Amended, Bill No. 130700 (approved December 4, 2013). |
18 | 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). |
19 | Amended, Bill No. 170164 (approved April 4, 2017). |
20 | |
21 | Amended, Bill No. 130700 (approved December 4, 2013). |
22 | Amended, Bill No. 130700 (approved December 4, 2013). |
23 | Amended, Bill No. 130700 (approved December 4, 2013). |
24 | Amended, 1956 Ordinances, p. 356. |
25 | Added, Bill No. 960085-A (approved December 21, 1999). |
26 | Amended by deleting subsection (d), 1990 Ordinances, p. 715. |
27 | Added, Bill No. 130700 (approved December 4, 2013). |
28 | Amended, Bill No. 150171-A (approved May 5, 2015). |
29 | Amended, Bill No. 150171-A (approved May 5, 2015). |
30 | Added, Bill No. 150171-A (approved May 5, 2015). |
(1) Prohibited Conduct. No person shall play a hand organ or other musical instrument:
(a) upon any street between the hours of 10 p.m. and 9 a.m.;
(b) at any time in front of or within the square in which any hospital or other institution housing sick persons is located;
(c) in front of any school when it is in session;
(d) in front of any place of worship when services are being held.
Notes
31 | Source: 1897 Ordinances, p. 141. |
32 | Amended, Bill No. 758 (approved July 24, 1995), 1995 Ordinances, p. 1081. |
33 | Enrolled bill read "...for the subsequent offenses." Bill No. 758 (approved July 24, 1995), 1995 Ordinances, p. 1081. |
(1) Definitions. In this Section, the following definitions apply:
(a) Street Vendor. Any person travelling by foot, wagon, motor vehicle or any other type of conveyance from place to place, house to house or street to street or on property owned or controlled by the City of Philadelphia carrying, conveying, or transporting goods, wares or merchandise and offering and exposing them for sale, or making sales and delivering articles to purchasers; or who without travelling from place to place, sells or offers for sale products from a wagon, handcart, pushcart, motor vehicle, stand, conveyance or from his person who submits orders, and as a separate transaction, makes deliveries to purchasers. A "street vendor" shall include any "vendor", "peddler", "hawker", "huckster", "itinerant merchant", "mobile food vendor", "mobile food vehicle" or "transient vendor" but shall exclude any vendor licensed under Section 9-201 or Section 9-213. 35
(b) Goods, Wares, Merchandise shall include but not be limited to fruits, vegetables, garden truck, farm products or provisions, dairy products, fish, game, poultry, meat, plants, flowers, appliances, wearing apparel, jewelry, cosmetics and beauty aids, health products, medicines, household needs or furnishings, food of any kind, whether or not for immediate consumption, confections or drinks or any other article or thing whatsoever.
(c) Conveyance shall include any public or privately owned vehicle, method or means of transporting people, bicycle, motorized or non-motorized vehicle, handcart, pushcart, lunch wagon or any other device or thing whether or not mounted on wheels.
(d) Streets shall mean all that area legally open to public use as public streets, and sidewalks, roadways, highways, parkways, alleys and any other public way.
(e) Mobile Food Vendor. A self-contained food service operation, located in a readily movable motorized vehicle with wheels, or in a vehicle with wheels capable of being towed by a motorized vehicle, designed for the preparation, display and service of food and beverages to patrons; but not including pushcarts. 36
(f) Mobile Food Vehicle. A self-contained food service operation, located in a readily movable motorized vehicle with wheels or in a vehicle with wheels, capable of being towed by a motorized vehicle, designed for the preparation, display and service of food, beverages, or both to patrons. 37
(2) License. It shall be unlawful for any person to engage in the business of a street vendor unless he or she has first obtained a license from the Department of Licenses and Inspections. All licenses will be issued according to regulations established by the Department of Licenses and Inspections.
(a) Each license shall show the name and address of the licensee, the type of license issued, the kind of goods to be sold, the amount of the license fee, the date of issuance, the license number, an identifying description of any vehicle or conveyance used by the licensee plus, where applicable, the motor vehicle registration number and a photograph of the licensee not less than two inches square nor more than three inches square. Each license shall also show the expiration date of the license and the vendor's plate number which is issued by the City of Philadelphia.
(b) Every license to vend under this Section issued after the effective date of this Section shall thereafter be issued as of the first day of January of the current calendar year and shall be effective, unless suspended or revoked, until the thirty-first day of December of the same calendar year.
(3) Issuance. No license shall be issued unless:
(a) The applicant furnishes any relevant information the Department requires including but not limited to:
(.1) a physical description of the applicant, proof of identity and address, together with two photographs, of the applicant, not less than two inches square, nor more than three inches square;
(.2) a brief description of what is to be sold, and, whether produced, grown, made, manufactured or assembled by the applicant;
(.3) if employed by another the name and address of the person, firm, association, organization, company, or corporation;
(.4) if a motor vehicle is to be used, a description of it together with the motor vehicle registration number, license number;
(.5) where the applicant-vendor or his employee or attendant proposes to sell anything that is to be eaten or drunk such investigation or examination as the Department requires establishing that the applicant-vendor or his employee or attendant does not have any communicable diseases.
(b) The applicant pays the following fees: 38
(.1) 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; and 39
(.2) an annual license fee of three hundred thirty dollars ($330). 40
(4) Identification and License Plates. Each street vendor shall, while engaged in the business of vending under this Section be required to carry a license on his person. In addition to the license, the Department shall issue a license plate and an identification badge to each vendor. The license plate shall bear the word "Vendor", the year for which issued, the number of license plate issued by the City of Philadelphia, which shall correspond to the number which appears on the vendor's license, and the name of the licensee. The word "Vendor" and the license plate number shall be of uniform size and plainly discernible. The license plate shall be attached by the vendor to the conveyance used in a place which is clearly visible to the public. While engaging in the business of vending, every vendor shall wear a badge conspicuously on the right breast of the outer garment. The badge shall be of the shape, size and style prescribed by the Department of Licenses and Inspections having engraved or embossed thereon the word "Vendor", the number of the license and the words "City of Philadelphia". The color of the identification badge and license plate shall be changed at the beginning of each calendar year, however both shall be the same color for any one year. Identification badges, license plates and licenses shall be used only by the person to whom they were issued or his employee and may not under any circumstances be transferred to any other person.
(5) Business Address or Residence. The Department shall be notified of any change in business address or residence within 30 days, by notice either in writing or in person.
(6) Compliance. All licenses shall be conditioned on continued compliance with the provisions of Title 6 (Health Code) where applicable as well as with the provisions of this Section.
(a) stop, stand or park any vehicle, wagon, pushcart or any other conveyance upon any street for the purpose of selling, or sell on any street under any circumstances during the hours when parking, stopping or standing has been prohibited by signs or curb markings or is prohibited by the Pennsylvania Motor Vehicle Code, City Ordinance or The Philadelphia Code;
(b) stop, stand or park his vehicle or conveyance on a street nor permit it to remain there except on the roadway at the curb for the purpose of selling goods, wares, and merchandise therefrom; 42
(c) stop, stand, park, place nor allow his conveyance closer than thirty feet from any other conveyance being used by any other vendor;
(d) 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 to create or become a nuisance, or increase traffic congestion or delay, or constitute a hazard to traffic, life or property, or an obstruction to adequate access to fire, police, or sanitation vehicles;
(e) sell any goods, wares or merchandise within districts or on streets which have been or shall be hereafter so designated by the City Council in Section 9-205 or otherwise;
(f) sell food, drinks, ice cream or confections of any kind for immediate consumption unless he has available for public use his own litter receptacle, which shall be clearly marked and maintained for his patrons' use nor shall any vendor leave any location without first picking up, removing and disposing of all trash or refuse remaining from sales made by him;
(g) use a handcart or pushcart the dimensions of which exceed four feet in width, eight feet in length and eight feet in height;
(h) use any conveyance, device or thing whatsoever which, when fully loaded with merchandise, cannot be easily moved and maintained under control by the licensee, his employee or attendant;
(i) set up, maintain or permit the use of any tables, crates, cartons, racks, devices or thing of any kind or description to increase the selling or display capacity of his conveyance, cart or vehicle;
(j) sell any merchandise or any other article or thing whatsoever on any street where sidewalk sales are prohibited under any ordinances of this City or City Code provision;
(k) leave any conveyance unattended at any time or store, park, or leave same overnight on any city sidewalk or street or at any vending location permitted under subsection (10)(b) hereof, unless the Department approves a Mobile Food Vendor to remain overnight in connection with a special event sponsored by the City; 43
(l) engage in the business of vending between twelve midnight and seven a.m.;
(m) sell any merchandise or any other article or thing whatsoever on any property owned or controlled by the City of Philadelphia, except for streets, unless permission has been expressly granted by the City of Philadelphia; 44
(o) stop, stand or park their vehicle, service, or conveyance for the purpose of selling any goods, wares, services, and merchandise on the following roadways: 46
(.1) Cedar Park avenue from 6900 - 7100 on both sides.
(.2) 1600 and 1700 blocks of Callowhill street on both sides.
(.3) Sixteenth street between Vine street and Hamilton street on both sides.
(.4) The south side of Spring Garden street between Broad street and 16th street. 47
(.5) Spring Garden street, from 16th street to 18th street. 48
(.6) West Olney avenue, from Church Lane to Ogontz avenue. 49
(.7) East Passyunk avenue, from Federal street to Broad street, both sides. Reed street, from East Passyunk avenue to the point 100 feet east of East Passyunk avenue, both sides. Reed street, from East Passyunk avenue to the point 115 feet west of East Passyunk avenue, both sides. S. 10th street, from Reed street to the point 60 feet north of Reed street, both sides. S. 10th street, from East Passyunk avenue to the point 140 feet south of East Passyunk avenue, both sides. S. 11th street, from East Passyunk avenue to Tasker street, both sides. S. 11th street, from Tasker street to the point 30 feet south of Tasker street, both sides. Tasker street, from S. 11th street to East Passyunk avenue, both sides. Morris street, from East Passyunk avenue to the point 100 feet east of East Passyunk avenue, both sides. Morris street, from East Passyunk avenue to the point 65 feet west of East Passyunk avenue, both sides. S. 12th street, from Morris street to the point 175 feet south of Morris street, both sides. S. 13th street, from East Passyunk avenue to the point 100 feet north of East Passyunk avenue, both sides. S. 13th street, from East Passyunk avenue to Mifflin street, both sides. S. 13th street, from Mifflin street to the point 40 feet south of Mifflin street, both sides. Mifflin street, from S. 13th street to the point 175 feet west of S. 13th street, both sides. Juniper street, from East Passyunk avenue to the point 100 feet south of East Passyunk avenue, both sides. McKean street, from Broad street to Juniper street, both sides. Broad street, from Mifflin street to Snyder avenue, both sides. 50
(.8) Market street, both sides, from 33rd street to 34th street. 51
(.9) The Fifty-Fourth Ward, which encompasses the area bounded by Cottman Avenue, Roosevelt Boulevard, and then Castor Avenue. 51.1
(p) A special street vendor district is created on Callowhill street between Fifteenth and Sixteenth streets. The following provisions shall apply to such special district: 52
(.1) The Department shall designate two (2) permitted street vendor locations for the placement of one truck per vendor within the special district. No street vendor may vend within the special district unless such vendor has been assigned by the Department to a particular location within the special district, which permitted location is non-transferable and may only be used by the specific vendor assigned to that location.
(.2) The Department shall determine which street vendors shall be assigned to the two (2) permitted locations within the special district by giving priority to street vendors according to the length of time they have conducted licensed street vending operations in the immediate vicinity of the district. The two (2) vending assignments shall only be granted to businesses that have no affiliation with one another. In the event either of the locations is permanently vacated by a vendor, the Department may assign a new vendor to a location within the district off of a waiting list maintained by the Department.
(.3) Any street vendor licensed to vend in the special district must, in addition to fulfilling all other requirements for the licensing of street vendors generally, agree to such conditions regarding handbilling and verbal solicitation for the purpose of advertising or recommending the vendor's product or services within two blocks of the street vendor's location as may be required by the Department of Licenses and Inspections.
(.4) Vendors within the special district shall meet the requirements of subsections (8)(c) and (8)(d) of this Section.
(q) Sell any fireworks. 53
(8) A special street vendor district is hereby created on Thirty-second street between Market street and Chestnut street. The following provisions shall apply to such special district: 54
(a) The Department shall designate ten (10) permitted street vendor locations within the special district. No street vendor may vend within the special district unless such vendor has been assigned by the Department to a particular location within the special district.
(b) The Department shall determine which street vendors shall be assigned to the ten (10) permitted locations within the special district by giving priority to street vendors according to the length of time they have conducted licensed street vending operations within the special district. If two (2) or more street vendors have equal seniority, the Department shall determine priority by lottery. Any street vendor displaced from the special district by this process shall be placed on a waiting list for any locations within the special district which may later become available. The Department may provide by regulation for other persons to apply for positions on the waiting list, and for a lottery system to rank such other persons who may be added to the waiting list.
(d) Street vendors within the special district shall be subject to all provisions applicable to street vendors generally, as provided in this Section and any other provision of this Code or other applicable law.
(8.1) A special street vendor district is hereby created exclusively for street vendors on North Twentieth street between West Clarkson avenue and Belfield avenue. The following provisions shall apply to such special district: 56
(a) Street vending shall be permitted only from Monday through Saturday, and only between the hours of 8:00 a.m. and 5:00 p.m.
(b) The Department shall designate eight (8) permitted street vendor locations within the special district. Street vendors shall be located on the west side of North 20th street between West Clarkson avenue and Belfield avenue. No street vendor may vend within the special district unless such vendor has been assigned by the Department to a particular location within the special district.
(c) A street vendor shall be at least five (5) feet from other street vendors.
(d) The Department shall determine which street vendors shall initially be assigned to the eight (8) permitted locations within the special district, provided that priority shall be given to street vendors located on West Olney avenue from Church Lane to Ogontz avenue as of September 25, 2017. Thereafter, the Department shall maintain a waiting list for any locations within the special district which may later become available.
(e) Street vendors within the special district shall be subject to all provisions applicable to street vendors generally, as provided in this Section and any other provision of this Code or other applicable law.
(f) Vending other than by street vendors permitted under this subsection 9-203(8.1) is prohibited within the special district.
(a) Street vending shall be permitted on the following streets only from Monday through Saturday, and only between the hours of 10:00 a.m. and 4:00 p.m., with the additional limitations set forth below:
(.1) The east side of North 58th street, between Callowhill street and Vine street, for up to two (2) vending locations;
(.2) The east side of North 77th street, between City Line avenue and Overbrook avenue, for one (1) vending location;
(.3) The west side of the 300 block of North 63rd street for one (1) vending location;
(.4) The east side of the 2400 block of Bryn Mawr avenue for one (1) vending location;
(.5) The east side of North 54th street, between Columbia avenue and Lebanon avenue, for one (1) vending location;
(.6) The east side of North 13th street, between West Olney avenue and West Tabor road, for one (1) vending location; and 58
(.7) The west side of the 5000 block of Wissahickon avenue. 59
(b) The Department shall designate the exact location for each individual vendor. No street vendor may vend on any street listed in subsection (9)(a) of this Section unless such vendor has been assigned by the Department to a particular location on that street. Such permitted location is non-transferable and may only be used by the specific vendor assigned to that location.
(c) The Department shall promulgate regulations devising procedures to choose among applicants for a particular location, including but not limited to, preference based upon seniority. Applicants for vendor sites shall be selected by the Department in accordance with such regulations.
(d) Street vendors permitted under subsection (9)(a) shall be subject to all provisions applicable to street vendors generally, as provided in this Section and any other provision of this Code or other applicable law, except that such vendors shall be exempt from the provisions of subsection 9-203(7)(e) and subsection 9-205(8)(p)(.328) to the extent that those subsections prohibit street vending on the streets designated in subsection 9-203(9)(a).
(e) Street vending shall be permitted on the following streets only from Monday through Sunday, and only between the hours of 9:00 a.m. and 9:00 p.m.: 60
(.1) 49th street, both sides, from Parkside avenue to Jefferson street.
(a) Mobile Food Vendors may operate on privately-owned property, with the permission of the property owner or lessee, subject to the following requirements.
(.1) The Mobile Food Vendor and the owner or lessee of the property have obtained all applicable licenses and permits.
(.2) The Mobile Food Vendor refrains from conduct prohibited under subsection 9-203(7).
(.3) The Mobile Food Vendor displays, at all times on the vehicle, a current license to vend in accordance with subsection 9-203(2), and the name of the owner or operator of the Mobile Food Vendor.
(.4) The Mobile Food Vendor displays, at all times, in a location visible to patrons, the name and contact information for the property owner or lessee who has given permission for the operation of the Mobile Food Vendor on the property.
(.5) Signs. No signs, except the following, shall be permitted:
(.a) Signs permanently attached to the mobile food vending vehicle; and
(.b) One portable non-digital menu sign, no more than 12 square feet, located on the ground in the customer service area, provided that any portable menu sign shall be removed at the end of operating hours.
(.6) Lighting. If the Mobile Food Vendor operates after dark, the owner or lessee of the property or the Mobile Food Vendor shall provide appropriate lighting in accordance with the following requirements:
(.a) The lighting shall be limited to an overall average level of illumination of two horizontal foot-candles; and
(.b) The illumination shall be oriented to prevent glare on surrounding areas.
(.7) Accessory outdoor seating is permitted, with the property owner's permission, provided it does not encroach upon the public right-of-way.
(.9) Mobile Food Vendor and any accessory outdoor seating shall not remain on a property more than one hour before and one hour after the permitted hours of operation.
(.10) No amplified sound or loudspeakers shall be permitted.
(.11) At least one trash receptacle and one recycling receptacle shall be provided, for use by patrons, in a location that does not interfere with pedestrian or vehicular traffic.
(.12) At the end of each day of operation, the operator of the Mobile Food Vendor shall collect and remove all trash and debris generated on the property by its operation or patrons.
(.13) No generators shall be operated on the exterior of the Mobile Food Vendor, unless they are permanently mounted on the truck.
(.14) The Mobile Food Vendor shall not interfere with visibility at any driveway or intersection, or with pedestrian or vehicular ingress and egress with respect to the property.
(.15) The Mobile Food Vendor shall serve pedestrians only; drive-through and drive-in service is prohibited.
(.16) Sites shall be maintained accessible to persons with disabilities.
(b) Permitted Locations. Mobile Food Vendors shall be permitted to operate on privately-owned property in the following areas:
Reserved.
(c) Prohibited Locations and Operations.
(.1) No Mobile Food Vendor shall operate on a historic site, as designated under Chapter 14-1000 of this Code or by the National Register of Historic Places.
(.2) A Mobile Food Vendor shall not operate on any portion of a parking lot, where the vending vehicle would reduce the number of parking spaces to fewer than the required minimum for that lot, or where it would block any of the following: a parking aisle, access to loading or service areas, emergency access, or a fire lane. Further, such vendor shall not locate its vehicle within fifteen (15) feet in all directions from any fire hydrant, fire department connection, driveway entrance, alley, handicapped parking space, or vegetation.
(d) Where the provisions of this subsection 9-203(10) conflict with other provisions of this Chapter, the provisions of this subsection shall apply.
(11) Special Requirements for Mobile Food Vehicles that Use Propane or Compressed Natural Gas. 63 In addition to all other requirements of this Section and any other applicable laws and regulations, a mobile food vehicle using propane or compressed natural gas shall comply with the following requirements:
(a) Models. Only U.S. DOT-approved models of propane and natural gas tanks (49 C.F.R. 178) shall be used on mobile food vehicles. Tanks shall be labeled properly with prominent safety placards, in accordance with U.S. DOT regulations (49 C.F.R. 178). Tanks shall be equipped with a regulator as prescribed by the National Fire Protection Association Code ("NFPA"). No quick-connect devices (as defined in NFPA 58) shall be permitted except on chassis-mounted tanks, and then only if they are equipped with a manual shut-off.
(b) Mounting and Placement of Tanks. The mounting and placement of propane and natural gas tanks shall withstand impact equal to four times the weight of the filled propane or natural gas container, in accordance with NFPA 58. Tanks shall be secure and conform with NFPA standards relating to the safe mounting of tanks. Propane and natural gas tanks shall be installed upon the vehicles in one of the following ways:
(.1) Outside mounted in a semi-enclosed cabinet, with vents at the bottom to facilitate the diffusion of vapors, vapor-tight to the interior of the vehicle, with a weather-protected regulator and a leak indicator in accordance with NFPA standards;
(.2) Outside mounted, secured on top and bottom and stabilized (for example, with a strap), vapor- tight to the interior of the vehicle, mounted no less than 28 inches above the ground with a weather-protected regulator; or
(.3) Chassis-mounted, in accordance with NFPA 58.
No propane or natural gas tanks shall be installed on the roof or stored inside the vehicle.
(c) Propane and natural gas tanks shall be equipped with an overfill protective device and turned off while the mobile food vehicle is in motion, any time the vehicle is unattended, and when the vehicle is stored overnight.
(d) All propane and natural gas piping shall be constructed and installed in accordance with NFPA standards and shall be made of steel, copper or brass. Plastic piping is prohibited.
(e) A mobile food vehicle shall carry no more than a total of 120 pounds of propane or natural gas.
(f) A person who has successfully completed a propane and natural gas handling and safety course, approved by the Department of Labor and Industry to be in compliance with propane industry standards, shall be present at all times during which the mobile food vehicle is being operated. Such person shall have a certificate of successful completion of the course readily available, upon the request of any agency or department of the City.
(g) Mobile food vehicles shall have their propane or natural gas systems inspected by a propane professional every ninety (90) days. After the inspection, the professional shall produce a maintenance report with the results of the inspection. This report shall be kept in the vehicle, at all times for a minimum of one (1) year, and shall be readily available, upon the request of any agency or department of the City. If the report identifies an unsafe condition in the operation of the propane or natural gas tanks, the operator of the mobile food vehicle shall take all action necessary and appropriate to remedy the unsafe condition and to obtain a maintenance report indicating the tanks are in safe working order prior to the resumption of business operations. No mobile food vehicle shall operate its propane or natural gas system more than ninety (90) days after the date of its last maintenance report.
(h) If a leak, fire or other safety incident occurs, the mobile food vehicle operator shall seek immediate maintenance, and the vehicle shall not be returned to service until it has been inspected and certified as safe, by a licensed propane company operator. The incident, inspection and safe certification shall be made a part of the maintenance report, and this report shall be submitted to the Fire Department, or such other Department as the Mayor may designate, within five (5) business days of receipt.
(i) Propane and natural gas tank refilling or exchange shall be performed only by a licensed propane and natural gas company operator or by a mobile food vendor who has completed a training course pertaining to refilling and exchange, that has been approved by the Department of Labor and Industry. All refills and exchanges shall take place at facilities approved by the Department of Labor and Industry. Refills and exchanges shall not take place on City streets or at other mobile food vending sites.
(j) All maintenance records and refills and exchanges of tanks for mobile food vehicles shall be kept by the mobile food vehicle owner.
(k) Mobile food vehicle owners shall be responsible for testing their propane and natural gas systems for leaks with a Underwriters Laboratories ("UL")-Classified and Mine Safety and Health Administration-certified combustible gas detector at each instance of refill or exchange. Such testing shall be completed and recorded before the vehicle leaves the refill and exchange facility.
(l) The Fire Department, or such other Department as the Mayor may designate, is authorized to inspect propane and natural gas systems, at anytime, for compliance with the provisions of this subsection and any other applicable provisions of law.
(b) In addition to the penalties contained in Section 9-105, any license issued under this Section may be suspended or 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 the business of vending;
(.3) conducting the business of vending in such a manner as to create a public nuisance, cause a breach of the peace or constitute a danger to the public health, safety, welfare or morals or interfering with the rights of abutting property owners.
(13) Construction. 66 No part of this Section or the Section itself shall be construed to be in amplification or derogation of the rights or responsibilities of abutting property owners. Any remedy, rights or obligations 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.
(14) Severability. 67 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
34 | Source: 1925 Ordinances, p. 292; amended, 1941 Ordinances, p. 409; amended, 1975 Ordinances, pp. 548 and 1640; repealed and amended, 1976 Ordinances, p. 193. |
35 | Amended, 1993 Ordinances, p. 127; amended, Bill No. 050384 (approved June 29, 2005); amended, Bill No. 150056-A (approved May 5, 2015); amended, Bill No. 140644 (approved June 2, 2015). Section 2 of Bill No. 140644 provides: "This Ordinance shall take effect immediately, provided that any provision, requiring authorization of the General Assembly, shall take effect six months after such authorization." |
36 | Added, Bill No. 150056-A (approved May 5, 2015). |
37 | |
38 | Amended, 1988 Ordinances, p. 339; amended, 1992 Ordinances, p. 550; amended, Bill No. 170164 (approved April 4, 2017). |
39 | Amended, Bill No. 090777-A (approved February 17, 2010). |
40 | Amended, Bill No. 080853 (approved December 8, 2008). |
41 | Amended, Bill No. 960085-A (approved December 21, 1999). |
42 | Added, Bill No. 725 (approved May 25, 1995). Enrolled bill neglected to italicize all new language. Amended, Bill No. 020169 (approved May 15, 2002). |
43 | Amended, Bill No. 150056-A (approved May 5, 2015). |
44 | Added, 1993 Ordinances, p. 127. |
45 | Added, Bill No. 960085-A (approved December 21, 1999). |
46 | |
47 | |
48 | Added, Bill No. 080654 (approved November 19, 2008). |
49 | Added, Bill No. 170905 (approved December 12, 2017). |
50 | |
51 | |
51.1 | |
52 | Added, Bill No. 020169 (approved May 15, 2002). |
53 | Added, Bill No. 181004 (approved June 26, 2019). |
54 | Added, 1994 Ordinances, p. 677. |
55 | |
56 | Added, Bill No. 170905 (approved December 12, 2017). |
57 | Added, Bill No. 090812 (approved January 13, 2010). |
58 | Added, Bill No. 150267 (approved June 30, 2015). |
59 | Added, Bill No. 150661 (approved December 23, 2015). |
60 | |
61 | Added, Bill No. 150056-A (approved May 5, 2015). |
62 | Enrolled bill read "203(10)(b)". |
63 | |
64 | Amended, 1990 Ordinances, p. 715; renumbered, 1994 Ordinances, p. 677; renumbered, Bill No. 090812 (approved January 13, 2010). Bill No. 150056-A added a new subsection (10) but failed to renumber subsequent subsections; renumbered by Code editor. Renumbered, Bill No. 140644 (approved June 2, 2015). See note 35 for effective date provisions. Enrolled bill renumbered as subsection (11); renumbered by Code editor. |
65 | |
66 | Renumbered, 1994 Ordinances, p. 677; renumbered, Bill No. 090812 (approved January 13, 2010). Bill No. 150056-A added a new subsection (10) but failed to renumber subsequent subsections; renumbered by Code editor. Renumbered, Bill No. 140644 (approved June 2, 2015). See note 35 for effective date provisions. Enrolled bill renumbered as subsection (12); renumbered by Code editor. |
67 | Renumbered, 1994 Ordinances, p. 677; renumbered, Bill No. 090812 (approved January 13, 2010). Bill No. 150056-A added a new subsection (10) but failed to renumber subsequent subsections; renumbered by Code editor. Renumbered, Bill No. 140644 (approved June 2, 2015). See note 35 for effective date provisions. Enrolled bill renumbered as subsection (13); renumbered by Code editor. |
(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.
(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: 70
(.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; 71
(.2) 1523 and 1529 Spruce street; 72
(.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.; 73
(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. 75
(3) License. 76 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.
(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. 78 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.
(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.
(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.
(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: 81
STREET | FROM: | TO: | SIDE | NUMBER OF LOCATIONS |
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 |
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. 82
(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). 83
(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. 84
(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. 85
(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.
(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.
(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; 88
(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.
(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.;
(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). 92
(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
(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. 95
(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
68 | 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. |
69 | Added and subsequent subsections renumbered, Bill No. 180079 (approved May 2, 2018). |
70 | Amended, Bill No. 180079 (approved May 2, 2018). |
71 | Added Bill No. 020117 (approved April 17, 2002). |
72 | Added Bill No. 040151 (approved May 6, 2004). |
73 | |
74 | Added, Bill No. 050384 (approved June 29, 2005). |
75 | Added, Bill No. 180555 (approved September 19, 2018). |
76 | Amended, 1991 Ordinances, p. 1488; amended, Bill No. 180079 (approved May 2, 2018). |
77 | |
78 | |
79 | |
80 | 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). |
81 | 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). |
82 | |
83 | Former subsections (d) through (f) deleted and former subsection (g) amended and renumbered as (c), Bill No. 180079 (approved May 2, 2018). |
84 | Added, Bill No. 180079 (approved May 2, 2018). |
85 | Amended, Bill No. 180079 (approved May 2, 2018). |
86 | Added, Bill No. 180079 (approved May 2, 2018). |
87 | Renumbered, Bill No. 180079 (approved May 2, 2018). |
88 | Amended, 1991 Ordinances, p. 1488; amended, Bill No. 070227 (approved May 24, 2007). |
89 | Amended, Bill No. 960085-A (approved December 21, 1999); renumbered, Bill No. 180079 (approved May 2, 2018). |
90 | Added, Bill No. 960085-A (approved December 21, 1999). |
91 | Renumbered, Bill No. 180079 (approved May 2, 2018). |
92 | Amended, Bill No. 180079 (approved May 2, 2018). |
93 | Amended, Bill No. 180079 (approved May 2, 2018). |
94 | Renumbered and former subsection (14) deleted, Bill No. 180079 (approved May 2, 2018). |
95 | Amended, Bill No. 180079 (approved May 2, 2018). |
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