(1) Definitions.
(a) Blockface. One side of a segment of a street that does not extend beyond any intersection with another street, or a portion thereof.
(b) Neighborhood Business District. An area within which sidewalk vending is regulated pursuant to this Section, which is designated pursuant to subsection 9-206(10).
(c) 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.
(d) Stand. Any showcase, table, bench, rack, handcarts, 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.
(e) 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.
(f) Street Vendor. Any person vending as defined under subsection 9-203(1)(a).
(g) Sidewalk Vendor Location. A specified location within a permitted blockface that is designated and marked by the Department where sidewalk vending may occur.
(h) Street Vendor Location. A specified location within a permitted blockface that is designated and marked by the Department where street vending may occur.
(i) Vendor Site. A specific location within a permitted blockface, that are designated and marked by the Department where sidewalk vending may occur. 460
(j) Department. Department of Licenses and Inspections.
(k) Private-Property Vendor. Any business, not formally associated with any of the non-profit institutions operating in the same Neighborhood Business District, which exhibits, displays, offers for sale or sells any food, beverages. goods, wares or merchandise from a movable structure no greater than thirty feet in any dimension and located on private property.
(2) Exceptions. 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;
(e) Sidewalk vending by the owner or tenant of the abutting building that takes place within three feet of said building.
(3) License. It shall be unlawful for any person to engage in the business of a sidewalk vendor or a street vendor within a neighborhood business district without first obtaining a license pursuant to regulations established by the Department. 461
(a) All licenses issued under this Section shall permit the licensee to conduct licensed operations only at the vendor site designated in the license and assigned by the Department, and only at that site. 462
(b) Every license shall be non-assignable and non-transferable.
(4) Identification and License Tags. Each person or his or her employee shall, while engaged in the business of vending under this Section, carry a license on his or her person. In addition to the license, the Department shall issue a neighborhood vending tag for the specific Neighborhood Business District in which sidewalk vending may take place.
(a) Licenses that are renewed shall permit the licensee to continue to vend from the same vendor site as designated in the license being renewed.
(b) Issuance of a license for a particular vendor site is not a guarantee that such vendor site will remain a permitted vending location for the duration of the license or any renewal periods. City Council may by ordinance remove a blockface from the list of designated blockfaces, or reduce the number of vendor sites permitted on such blockface. If City Council removes a blockface from the list of designated blockfaces, vendors licensed for such blockface must apply to the Department for a new blockface. If City 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, pursuant to the criteria set forth in subsection 9-206(6).
(6) Vendor Site Selection Process.
(a) Unless otherwise provided with respect to a particular Neighborhood Business District, applicants for vendor sites within a Neighborhood Business District shall be selected according to the number of years the applicant has conducted licensed vending operations within the Neighborhood Business District. The Department shall detail this process by regulation, including provision for lotteries to choose among applicants with equal seniority, and provision for waiting lists.
(b) If a person applies for more than one license within a Neighborhood Business District, such person may have his/her past vending operations considered for a single vendor site.
(7) Trash Removal and Clean Up.
(a) Licensees are responsible for keeping the sidewalk within fifteen feet of their stands clean from all trash generated by their vending operations, and for washing the sidewalk in the area occupied by their stand 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, refuse and waste, including but not limited to greasy cooking water, generated by their vending operations. No Licensee may place or deposit any trash, litter, garbage, refuse or any other wastes generated by his or her licensed operations on the sidewalk, in any public receptacle, or on any private property without the express permission of the property owner.
(8) Permitted Stand Designs and Required Stand Maintenance.
(a) Licensed sidewalk vendors may only use stands that have been inspected and approved by the Department and 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 sidewalk or street 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 to subsection 9-206(8)(a) shall include specifically approved designs. If a licensee wishes to use a design other than one of those specifically approved by regulations, 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 9-206(8)(a).
(c) Once a licensee's stand design is approved, the Department will photograph 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 9-206(8)(b).
(d) The Department shall also promulgate regulations requiring licensees to maintain their cart in clean and good working order so as to fulfill the purpose of this subsection 9-206(8).
(a) conduct him/herself or his/her 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) load or unload merchandise for a period exceeding twenty minutes;
(d) conduct licensed operations between eleven p.m. and six a.m.; and
(e) conduct sidewalk sales from a truck or park or maintain any truck in parking spaces adjacent to vendor site, except for brief periods, not to exceed 20 minutes: 466
(.1) as necessary to transport sidewalk stands; and
(.2) as necessary for deliveries, provided that deliveries shall take place only in legal parking spaces or designated loading zones;
(10) Designated Neighborhood Business Districts.
(a) Central Germantown Business District. The area bounded by the east side of Baynton street, the west side of Wissahickon avenue, the south side of Queen lane and the north side of High street. Within this district there shall be a maximum of fifty-five vendor sites permitted on the following blockfaces allocated as per regulations established by the Department.
(b) University City District. 468 The area bounded by the north side of Filbert street from Thirty-fourth to Forty-first streets, the west side of Forty-first street from Filbert street to Baltimore avenue, the south side of Baltimore avenue from Forty-first to Thirty-eighth streets, the west side of University avenue from Baltimore avenue to Civic Center boulevard, the south side of Civic Center boulevard, the south side of Convention avenue, the north side of South street from Convention avenue to Thirty-third street, the east side of Thirty-third street from South street to Walnut street, the south side of Walnut street from Thirty-third street to Thirty-first street, the east side of Thirty-first street from Walnut street to Chestnut street, the south side of Chestnut street from Thirty-first street to Thirty-second street, the east side of Thirty-second street from Walnut street to Sansom street (vacated), the south side of Sansom street (vacated) from Thirty-second street to Thirty-third street, the east side of Thirty-third street from Sansom street (vacated) to Chestnut street, the north side of Chestnut street from Thirty-third to Thirty-fourth streets, and the east side of Thirty-fourth street from Chestnut street to Filbert street.
Vending shall be permitted on the following blockfaces subject to the limits specified below:
(.a) the eastern side of Fortieth street between Locust and Spruce streets (up to five (5) street vending locations);
(.b) the northern side of Market street between Thirty-ninth and Fortieth streets (up to three (3) street vending locations and up to three (3) sidewalk vending locations);
(.c) the western side of Thirty-ninth street between Market and Filbert streets (up to two (2) sidewalk vending locations);
(.d) the eastern side of Thirty-ninth street between Market and Filbert streets (up to two (2) sidewalk vending locations);
(.e) the northern side of Market street between Thirty-sixth and Thirty-eighth streets (up to three (3) sidewalk vending locations);
(.f) the southern side of Market street between Thirty-sixth and Thirty-eighth streets (up to three (3) sidewalk vending locations);
(.g) the northern side of Market street between Thirty-fourth and Thirty-sixth streets (up to five (5) street vending locations and up to three (3) sidewalk vending locations);
(.h) the southern side of Market street between Thirty-fourth and Thirty-sixth streets (up to five (5) street vending locations and up three (3) sidewalk vending locations;
(.i) the western side of Thirty-eighth street between Sansom and Walnut streets (up to two (2) street vending locations and up to three (3) sidewalk vending locations);
(.j) the western side of Thirty-eighth street between Walnut and Locust streets (up to three (3) street vending locations and up to three (3) sidewalk vending locations);
(.k) the western side of Thirty-eighth street between Locust and Spruce streets (up to three (3) street vending locations and up to three (3) sidewalk vending locations);
(.l) the western side of Thirty-eighth street between Spruce street and Baltimore avenue (up to two (2) street vending locations and up to three (3) sidewalk vending locations);
(.m) the northern side of University boulevard between Woodland avenue and Thirty-eighth street (up to five (5) sidewalk vending locations);
(.n) the northern side of Spruce street between Thirty-seventh (vacated) and Thirty-eighth street (up to seven (7) sidewalk vending locations);
(.o) the northern side of Spruce street between Thirty-sixth street (vacated) and Thirty-seventh street (vacated) (up to seven (7) sidewalk vending locations);
(.p) the southern side of Spruce street between Thirty-sixth street (vacated) and Thirty-seventh street (vacated) (up to six (6) sidewalk vending locations);
(.q) the public plaza area in front of the Civic Center Museum Building located at Civic Center boulevard and Convention Center avenue (up to ten (10) sidewalk vending locations);
(.r) the western side of Convention Center avenue between South street and the access road to the University Museum garage (up to three (3) sidewalk vending locations);
(.s) the western side of Convention Center avenue between Civic Center boulevard and the access road to the Penn Tower garage (up to three (3) sidewalk vending locations);
(.t) the eastern side of Thirty-third street, between a point located two hundred fifty (250) feet south of the southeastern corner of Thirty-third and Walnut streets and another point located three hundred seventy- five feet south of the aforementioned corner (up to three (3) sidewalk vending locations);
(.u) The western side of Thirty-sixth Street between Market Street and Chestnut Street (up to one (1) sidewalk vending location). 469
Vending locations on the permitted block faces shall be designated by the Department, taking into account the restrictions set forth in (.f) and (.g).
Street and sidewalk vending shall be prohibited on all other blockfaces contained within the University City District.
(.2) The following special provisions shall apply only within the University City District, and these provisions shall supersede any conflicting general provisions set forth in this Section 9-206 or elsewhere:
(.a) Reserved.
(.b) The Department shall promulgate regulations devising procedures to choose among applicants for a particular blockface or location, including, but not limited to, preference based on seniority. Applicants for vendor sites in the University City District shall be selected by the Department in accordance with such regulations. Such regulations shall provide that there shall be a total of one hundred (100) vendor sites and that no vendor site will remain unlicensed unless there are no applicants for that site or its blockface.
(.c) Vendors licensed pursuant to subsection 9-206(10) may only use conveyances and stands that have been inspected and approved by the Department of Licenses & Inspections and are in conformance with design regulations promulgated by the Department. Such regulations shall require at a minimum that vending stands conform to the requirements of subsection 9-206(9), but may establish additional requirements. The Regulations shall also specify pursuant to subsection 9-206(8)(a)(.1) that extensions to accommodate coolers shall be permitted, up to a distance of two feet, along one side of the stand, provided that such extensions do not rest upon the sidewalk. Regulations for street vendor conveyances shall be promulgated by the Department. Such regulations shall be consistent with Section 9-203 and shall address the dimensions, appearance and other design aspects of street vendor conveyances with the purpose of protecting public safety and ensuring that conveyances placed on the public right-of-way are maintained in a neat, clean and orderly fashion.
(.d) All vendors shall discontinue use of electrical generators employing an internal combustion engine within one year after enactment of this ordinance. Vendors shall have the right to seek permission by enactment of an ordinance for installation of electrical hook-ups at any vendor site. Notice shall be provided to the owner of any properties abutting the proposed location of an electrical hook-up at the time an ordinance authorizing such a hook-up is introduced.
(.e) Vendors shall not park vending conveyances or stands at the vendor sites between the hours of 10:30 p.m. and 5:30 a.m. daily.
(.f) No licensee shall:
(i) conduct him/herself or his/her 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, sanitation or emergency vehicles;
(ii) leave any stand or conveyance unattended for any period greater than twenty (20) minutes in duration;
(iii) load or unload merchandise for a period exceeding twenty minutes;
(v) vend within ten (10) feet of the extension of legal building lines;
(vi) vend on the medians of divided highways;
(vii) vend within twenty-five (25) feet upstream (in the direction from which vehicular traffic in the nearest curbside lane approaches of any bus stop sign;
(viii) vend within ten (10) feet of subway entrances or exits;
(ix) vend within three (3) feet of mailboxes, telephones, benches, planters and trees;
(x) vend within fifteen (15) feet in the case of sidewalk vendors and thirty (30) feet in the case of street vendors, upstream of any pedestrian street crossing;
(xi) vend within fifteen (15) feet in the case of sidewalk vendors and thirty (30) feet in the case of street vendors, of any alley or driveway;
(xii) vend within five (5) feet in the case of sidewalk vendors and thirty (30) feet in the case of street vendors, of where curbs have been depressed to facilitate pedestrian or vehicular movement;
(xiii) vend in front of any loading dock or loading ramp;
(xiv) vend in a location other than their assigned location; or
(xv) conduct any commercial activity other than the sale of goods, wares and merchandise.
(.g) No sidewalk vendor shall:
(i) conduct sidewalk sales from a motor vehicle, or park or maintain any motor vehicle in parking spaces adjacent to the vendor site;
(ii) vend at any location which would reduce the unobstructed pedestrian right-of-way to less than six and one-half (6.5) feet, such width not to include the width of any grate;
(iii) vend on any portion of a sidewalk directly in front of any building entrance;
(iv) vend within ten (10) feet of a fire hydrant; or
(v) vend more than eighteen (18) 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.
(.h) Street vendors shall be subject to all provisions and restrictions applicable to street vendors generally, as provided in Section 9-203 or other applicable law, except that the specific provisions of this Section 9-206 shall control if they conflict with other provisions applicable to street vendors.
(.i) Street vendors shall remove all conveyances from the public right-of-way within thirty minutes of ceasing business operations each day.
(.1) Boundaries; Number and Location of Vendors. The North Front Street District shall consist of the 2300 block of North Front street. Within the North Front Street District, a maximum of four (4) vendor sites shall be permitted in the public right-of-way, with one such site located at each of the following locations: 2309 - 2311 North Front street; 2318 - 2324 North Front street; 2321 - 2325 North Front street; and 2342 - 2346 North Front street.
(.1) Definition of District. The 52nd Street Business District for Sidewalk Vending shall consist of both sides of 52nd street from Arch street on the north to Walnut street on the south.
(.2) Number and location of permitted sidewalk vendors. Within the 52nd Street Business District for Sidewalk Vending, a maximum of fifty-six (56) sidewalk vendor locations shall be permitted, with the number of sidewalk vendors along each blockface as follows:
(.a) Five (5) sidewalk vendor locations on the western side of 52nd street between Arch and Filbert streets;
(.b) Four (4) sidewalk vendor locations on the western side of 52nd street between Filbert and Market streets;
(.c) Ten (10) sidewalk vendor locations on the eastern side of 52nd street between Arch and Market streets;
(.d) Five (5) sidewalk vendor locations on the western side of 52nd street between Market and Ludlow streets;
(.e) Five (5) sidewalk vendor locations on the western side of 52nd street between Ludlow and Chestnut streets;
(.f) Eight (8) sidewalk vendor locations on the eastern side of 52nd street between Market and Chestnut streets;
(.g) Five (5) sidewalk vendor locations on the western side of 52nd street between Chestnut and Sansom streets;
(.h) Five (5) sidewalk vendor locations on the western side of 52nd street between Sansom and Walnut streets;
(.i) Four (4) sidewalk vendor locations on the eastern side of 52nd street between Chestnut and Sansom streets; and
(.j) Five (5) sidewalk vendor locations on the eastern side of 52nd street between Sansom and Walnut streets.
(.3) Permitted Vending Stand Dimensions and Design. Vending stands shall conform to the requirements of subsection 9-206(8), except that stands must meet the following exact dimensions: seventy-eight and five-sixteenth (78-5/16) inches in height; eighty-four (84) inches in length; and forty-eight (48) inches in width.
(.4) Selection of vendors. Applicants for vendor sites within this District shall be selected according to the number of years the applicant has conducted licensed vending operations within the 52nd Street Business District for Sidewalk Vending. The Department is authorized to promulgate regulations detailing the selection process including providing for lotteries to choose among applicants with equal seniority. The Department, by regulation, shall also provide for a waiting list in order to select other vendors who desire to conduct vending activity in the 52nd Street Business District for Sidewalk Vending should approved vending sites become available.
(.5) No Vendor shall:
(.a) conduct him/herself or his/her business in such a way as would restrict or interfere with the ingress or egress of pedestrians or the abutting owner or tenants, 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, sanitation or emergency vehicles;
(.b) vend within twenty-five (25) feet of another sidewalk vendor location;
(.c) also conduct sales as the owner or tenant of a property located within the District;
(.d) conduct sales utilizing more than two (2) sales people at a time or allow non-customers to congregate at or around the sidewalk vending location;
(.e) leave any stand or conveyance unattended at any time; except that after its business operations for each day have ceased, the stand may be left at its assigned location;
(.f) load or unload merchandise for a period exceeding twenty minutes;
(.g) conduct sales between the hours of 10:00 p.m. and 6:00 a.m.;
(.h) vend within ten (10) feet of the legal building lines;
(.i) vend within twenty-five (25) feet upstream (in the direction from which vehicular traffic in the nearest curbside lane approaches) of any bus stop sign;
(.j) vend within ten (10) feet of Elevated Train line entrances or exits;
(.k) vend within three (3) feet of mailboxes, telephones, benches, planters and trees;
(.l) vend within fifteen (15) feet upstream of any pedestrian street crossing;
(.m) vend within fifteen (15) feet of any alley or driveway;
(.n) vend within five (5) feet of where curbs have been depressed to facilitate pedestrian or vehicular movement;
(.o) vend in front of any loading dock or loading ramp;
(.p) vend in a location other than the assigned location;
(.q) conduct any commercial activity other than the sale of goods, wares and merchandise;
(.r) conduct sales from a motor vehicle, or park or maintain any motor vehicle in parking spaces adjacent to the vendor site except for brief periods not to exceed 20 minutes for the purpose of transporting vending stands and merchandise;
(.s) vend at any location which would reduce the unobstructed pedestrian right-of-way to less than six and one-half (6.5) feet, such width not to include the width of any grate;
(.t) vend on any portion of a sidewalk directly in front of any building entrance;
(.u) vend within ten (10) feet of a fire hydrant;
(.v) vend more than eighteen (18) 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;
(.w) conduct unauthorized sales of copyrighted or patented goods.
(.1) Boundaries, Number and Location of Vendors. The Morris Street District shall consist of the 1400 block of Morris street, south side, and 1421 West Passyunk avenue. Within the Morris Street District, a maximum of three (3) vendors shall be permitted in the public right of way, at the following locations: 1400 block of Morris street, two (2) vendors; 1421 West Passyunk avenue, one (1) vendor.
(f) Germantown Corridor Business District. 475 The area of Germantown avenue between York street and Butler street. Within this district there shall be a maximum of 22 vendor sites permitted on blockfaces allocated as per regulations established by the Department. Sidewalk sales shall be permitted only if the vendor or person exclusively exhibits, displays, offers for sale or sells goods, wares, or merchandise that are different in kind from those exhibited, displayed, offered for sale or sold by owners or tenants on the abutting property. Once a sidewalk vendor has been licensed and designated a specific vending location by the Department pursuant to this Section, any subsequent change in goods sold by an abutting store owner that thereby creates a direct conflict with goods sold by the sidewalk vendor shall not be considered a violation of this subsection.
(.1) The Oregon Avenue Business Corridor District shall consist of both sides of Oregon avenue from 3rd street to 15th street, both sides of 15th street from Packer avenue to Oregon avenue, both sides of Packer avenue from 15th street to 3rd street, both sides of 3rd street from Packer avenue to Oregon avenue, and both sides of Front street from Oregon avenue to Pattison avenue, and shall also include the 3300 block of south Galloway street.
(.2) Number and location of permitted vendors. Within this Neighborhood Business District a maximum of five sidewalk and/or street vendors shall be permitted in the public right-of-way, with one such site located at each of the following locations:
(.a) The southern side of Oregon avenue within 50 feet of 10th street.
(.b) The northern side of Oregon avenue within 50 feet of 10th street.
(.c) The northeast corner of 15th street and Packer street.
(.d) The eastern side of the 3300 block of south Galloway street.
(.e) The northwest corner of Front street and Pattison avenue.
(.3) Selection of vendors. Applicants for vendor sites within this district shall be selected according to the number of years the applicant has conducted vending operations within the Neighborhood Business District. The Department is authorized to promulgate regulations detailing a process to provide for a waiting list in order to select other vendors who desire to conduct vending activity in the designated area should one of the current sidewalk vendors vacate its approved vending location. For the purpose of establishing whether a vendor currently conducts vending activity at one of the approved locations, the applicant may offer as evidence any City issued certificates, permits, or licenses related to its current sidewalk vending operation.
(.4) Temporary vending permits. Notwithstanding the limitation on the number of sidewalk and street vendors in this district, a total of ten (10) additional sidewalk vendors may obtain temporary vending permits from the Department for the sale of Christmas trees, mothers' day flowers, and other seasonal events.
(.1) Definition of District. The Woodland Avenue Business District for Sidewalk Vending shall consist of both sides of Woodland Avenue from 48th Street on the east to 58th Street on the west.
(.2) Number and location of permitted sidewalk vendors. Within the Woodland Avenue Business District for Sidewalk Vending, a maximum of ninety (90) sidewalk vendor locations shall be permitted, with the number of sidewalk vendors along each blockface as follows:
(.a) Fourteen (14) sidewalk vendor locations on the south side of Woodland Avenue between 48th and 50th streets;
(.b) Four (4) sidewalk vendor locations on the north side of Woodland Avenue between 48th and 50th streets;
(.c) Eleven (11) sidewalk vendor locations on the south side of Woodland Avenue between 50th and 52nd streets;
(.d) Three (3) sidewalk vendor locations on the north side of Woodland Avenue between 50th and 52nd streets;
(.e) Nine (9) sidewalk vendor locations on the south side of Woodland Avenue between 52nd and 54th streets;
(.f) Thirteen (13) sidewalk vendor locations on the north side of Woodland Avenue between 52nd and 54th streets;
(.g) Five (5) sidewalk vendor locations on the south side of Woodland Avenue between 54th and 56th streets;
(.h) Twelve (12) sidewalk vendor locations on the north side of Woodland Avenue between 54th and 56th streets;
(.i) Eleven (11) sidewalk vendor locations on the south side of Woodland Avenue between 56th and 58th streets; and
(.j) Eight (8) sidewalk vendor locations on the north side of Woodland Avenue between 56th and 58th streets.
(.3) Special Provisions for Woodland Avenue Business District for Sidewalk Vending.
(.a) Beginning July 1, 2015, the Department is authorized to issue a single sidewalk vending license governing multiple sidewalk vending spaces as defined in this Section in the area defined in subsection 9-206(10)(h). Any such license shall be renewable annually as provided in subsection 9-206(5). Eligibility for such license shall be limited to business associations and non-profit organizations associated with that vending area and shall be awarded based on ability to manage the allocation of vending spaces. An applicant for such license shall provide the name and contact information of a person who may be contacted regarding compliance with this Section, and an address at which the organization will receive mail and accept service.
(.b) Such organizations 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 July 1, 2015, 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.
(.c) The organization 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. The amount of the fee charged and any administrative costs assessed shall be the same for each vendor in this District, and shall be approved in advance by the Department.
(.d) The organization shall provide by agreement with each vendor that the vendor shall comply with all provisions of this Section 9-206 and all other applicable laws.
(.e) The organization and each individual vendor shall each be responsible for compliance with this Section 9-206.
(.f) At least annually, in connection with the renewal of its license, the licensee organization shall provide a report to the Department, containing a list of the vendors currently licensed to vend in this District, and the amount of any fees proposed to be charged to vendors for the next license period.
(.a) vend within ten (10) feet of another sidewalk vendor location;
(.b) also conduct sales as the owner or tenant of a property located within the District;
(.c) conduct sales utilizing more than three (3) sales people at a time or allow non-customers to congregate at or around the sidewalk vending location;
(.d) leave any stand or conveyance unattended at any time;
(.e) conduct sales between the hours of 10:00 p.m. and 5:00 a.m.;
(.f) vend within ten (10) feet of the legal building lines;
(.g) vend within fifty (50) feet upstream (in the direction from which vehicular traffic in the nearest curbside lane approaches) of any bus stop sign;
(.h) vend within ten (10) feet of mailboxes, telephones, benches, planters and trees;
(.i) vend within ten (10) feet upstream of any pedestrian street crossing;
(.j) vend within ten (10) feet of any alley or driveway;
(.k) vend within ten (10) feet of where curbs have been depressed to facilitate pedestrian or vehicular movement;
(.l) vend in front of any loading dock or loading ramp;
(.m) conduct any commercial activity other than the sale of goods, wares, merchandise;
(.n) vend at any location which would reduce the unobstructed pedestrian right-of-way to less than six and one-half (6.5) feet, such width not to include the width of any grate;
(.o) vend on any portion of a sidewalk directly in front of any building entrance;
(.p) vend within fifteen (15) feet of a fire hydrant.
(.1) Boundaries. The area bounded by Diamond Street to the north; 10th Street to the East; Oxford Street to the South; and 16th Street to the West.
(.2) Number and locations of permitted vendors. Within the Temple University District a combined maximum of fifty (50) locations, for sidewalk vendors (as defined in Section 9-206) and street vendors (as defined in Section 9-203) shall be designated for vending in the public right-of-way. There shall be a limit of one (1) location per vendor/franchise owner in this district. Vending shall be permitted on the following blockfaces subject to the limits specified below:
(.a) the northern side of Norris street from a point three hundred fifty-five (355) feet east of the east side of Broad street for a distance of one hundred seventy-five (175) feet totaling no more than five (5) thirty- five (35) feet street vending locations numbered A1 through A5;
(.b) the western side of 13th street from a point thirty (30) feet north of the northern side of Norris street for a distance of sixty (60) feet totaling no more than three (3) twenty (20) feet sidewalk vending locations numbered B1 through B3;
(.c) the eastern side of 13th street from a point thirty (30) feet north of the northern side of Norris street for a distance of sixty (60) feet totaling no more than two (2) thirty (30) feet street vending locations numbered C1 and C2;
(.d) the northern side of Norris street from a point thirty-five (35) feet east of the eastern side of 13th street for a distance of one hundred twenty (120) feet totaling no more than four (4) thirty (30) feet street vending locations numbered D1 through D4;
(.e) the northern side of Norris street from a point two hundred seventy-five (275) feet east of the eastern side of 13th street for a distance of ninety (90) feet totaling no more than three (3) thirty (30) feet street vending locations numbered E1 through E3;
(.f) the western side of 12th street from a point forty-five (45) feet south of the southern side of Norris street for a distance of two hundred forty (240) feet totaling no more than six (6) forty (40) feet street vending locations numbered F1 through F6. Vendors shall not encroach onto the entrance to the Biology - Life Sciences Building;
(.g) the southern side of Montgomery avenue from a point 20 feet west of the western side of 12th street for a distance of 90 feet totaling no more than six (6) fifteen (15) feet sidewalk vending locations numbered G1 through G6;
(.h) the southern side of Montgomery avenue from a point one hundred ninety (190) feet west of the western side of 12th street for a distance of one hundred seventy-five (175) feet totaling no more than five (5) thirty-five (35) feet street vending locations numbered H1 through H5;
(.i) not used;
(.j) the southern side of Montgomery avenue from a point fifty (50) feet west of the western side of 13th street for a distance of one hundred seventy-five (175) feet totaling no more than five (5) thirty-five (35) feet street vending locations numbered J1 through J5;
(.k) the southern side of Montgomery avenue from a point three hundred forty (340) feet west of the western side of 13th street for a distance of two hundred ten (210) feet totaling no more than six (6) thirty-five (35) feet street vending locations numbered K1 through K6;
(.l) the western side of 13th street from a point twenty (20) feet south of the southern side of Montgomery avenue for a distance of seventy-five (75) feet totaling no more than five (5) fifteen (15) feet sidewalk vending locations numbered L1 through L5;
Vending locations on the permitted blockfaces shall be designated by the Department taking into account the following restrictions:
(.3) The following special provisions shall apply only within the Temple University District, and these provisions shall supersede any conflicting general provisions set forth in this Section 9-206 or elsewhere:
(.a) Vendor trucks and carts shall be limited in size as follows: (Note: Any nonconforming street vendors trucks currently vending in this District may remain until such time as the trucks are replaced.)
(i) Street Vendor trucks shall be limited in total length such that there shall be a minimum of five (5) feet between the end of the truck and the end of its assigned space; width shall be limited per Commonwealth of Pennsylvania Department of Transportation requirements.
(ii) Sidewalk Vendor carts shall conform to the restrictions of subsection 9-206(8)(a)(.1).
(.b) All vendor spaces within this district shall be controlled by the City of Philadelphia pursuant to this Section 9-206 and other applicable ordinances, and shall comply with applicable regulations of Temple University. Such spaces shall be non-assignable and non-transferable.
(.c) All vendors shall procure and display a current Temple University District vending license.
(.d) Vendors shall furnish and install permitted electric utility connections for required power. They shall be liable for all utility usage charges.
(.e) Portable generators of any kind are prohibited.
(.f) Potable water connections and sewer connections are prohibited.
(.g) Vendors shall remain in continuous operation; vendors may close for a period of up to one (1) month with written notification to the University and the City of Philadelphia Department of Licenses and Inspections Vendor Unit. Failure to make required notifications will result in removal (towing) of truck. All associated fees will be borne by the vendor.
(.h) All vendors shall maintain their vehicles/carts as required by City ordinance. In addition all trucks and carts shall be road worthy at all times and vendors shall move their trucks or carts when required by City ordinance or by order of the Streets Department.
(.i) All vendors shall be open a minimum of four (4) days per week year round.
(.j) All vendors shall relocate at the request of the University or City of Philadelphia; this request may be for maintenance or other good cause for a City or University purpose. Efforts will be made to relocate vendors to a temporary or new permanent location within the District.
(.k) Vendors shall provide receptacles and be responsible for removal of trash. No vendor shall use University trash receptacles or dumpsters.
(.l) Vendors shall not park private vehicles between trucks; all vehicles must be parked in legal street locations or available parking lots.
(.m) Vendor deliveries shall be between the hours of 6:00 am to 7:30 am and 6:30 pm to 8:30 pm. In no case shall deliveries block active city streets nor cause delays in traffic flow along said streets.
Street and sidewalk vending shall be prohibited on all other blockfaces contained within the Temple University District.
(.1) A special vendor district is hereby created, by this Section and by Section 9-203(8.1) of this Code, exclusively for sidewalk vendors and street vendors on North Twentieth street, west side, between West Clarkson avenue and Belfield avenue. The following provisions shall apply to such special district:
(.2) Sidewalk vending and 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.
(.3) The Department shall designate two (2) permitted sidewalk vendor locations within the special district. No sidewalk vendor may vend within the special district unless such vendor has been assigned by the Department to a particular location within the special district.
(.4) Sidewalk vendors shall vend at a distance of at least thirty (30) feet from other sidewalk vendors.
(.5) The Department shall determine which sidewalk vendors shall initially be assigned to the two (2) permitted locations within the special district, provided that priority shall be given to sidewalk 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 sidewalk vending locations within the special district which may later become available.
(.6) Sidewalk vendors within the special district shall be subject to all provisions applicable to sidewalk vendors generally, as provided in this Section and any other provision of this Code or other applicable law.
(.1) Boundaries. The Northeast District for Sidewalk Vending shall consist of the south side of Cottman avenue between Bustleton avenue and Bradford street and the east side of Bustleton avenue between Cottman avenue and Saint Vincent street.
(.2) Number and Location of Vendors. Within this district, a maximum of eight (8) sidewalk vending locations shall be permitted in the public right-of-way, with the number of sidewalk vendors along each blockface as follows:
(.a) Four (4) sidewalk vending locations on the south side of Cottman avenue between Bustleton avenue and Bradford street; and
(.b) Four (4) sidewalk vending locations on the east side of Bustleton avenue between Cottman avenue and Saint Vincent street.
(.3) Selection of Vendors. Applicants for vendor sites within this District shall be selected according to the number of years the applicant has conducted licensed vending operations within the District. The Department is authorized to promulgate regulations detailing a process to provide for a waiting list in order to select other vendors who desire to conduct vending activity in the District should an approved vending site become available. For the purpose of establishing whether a vendor currently conducts vending activity at one of the approved locations, the applicant may offer as evidence any City-issued certificates, permits, or licenses related to its current sidewalk vending operation.
(11) Consultation with neighborhood organizations. In implementing and enforcing the provisions of this Section, the Department shall consult with any organization(s) representing merchants, vendors and/or residents within the effected Neighborhood Business District.
(12) Penalties; License Suspension, Revocation and Loss of Assigned Location.
(a) The penalty for violation of any provision of this Section, in addition to the penalties contained in Section 9-105 and 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 result in a license suspension of up to thirty (30) days, or license revocation. Violations of subsection 9-206(7) shall result in a license suspension of up to one (1) week. An order of the Department revoking a license shall also 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 assigned locations pursuant to subsection 9-206(6) as if they were new applicants not previously licensed.
(b) In addition to the penalties provided above, the Department is authorized, when a uniformed police officer or a campus police officer, as defined under Section 2416 of the Administrative Code of 1929 (P.L. 177 No. 175), as amended, 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/her property can be reclaimed and shall be entitled to claim said property immediately upon payment of the cost of removal. 481
(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; or
(.2) fraud, misrepresentation or knowingly false statement in the course of carrying on licensed operations.
(d) Whenever a licensee's license is revoked under this subsection, the location to which the licensee had been assigned shall be reassigned in accordance with the procedures established to subsection 9-206(6)(a).
(13) Construction.
(a) 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, 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.
Notes
| 459 | Added and former Section 9-206 renumbered to Section 9-210, 1994 Ordinances, p. 734. Effective in 60 days. Amended, Bill No. 980022 (approved May 14, 1998), effective August 12, 1998. |
| 460 | This definition appeared as subsection (1)(f) when Section 9-206 was added to the Code in 1994. Bill No. 980022 (approved May 14, 1998), added new subsections beginning with (1)(f), without repealing former subsection (1)(f). To correct that error, the Code editor moved the definition of "Vendor Site" from (1)(f) to (1)(i), a subsection that was "reserved" in Bill No. 980022. |
| 461 | Amended, Bill No. 980022 (approved May 14, 1998), effective August 12, 1998. |
| 462 | Amended, Bill No. 980022 (approved May 14, 1998), effective August 12, 1998. |
| 463 | |
| 464 | Amended, Bill No. 980022 (approved May 14, 1998), effective August 12, 1998. |
| 465 | Amended, Bill No. 960085-A (approved December 21, 1999). |
| 466 | Amended and subsections (.1) and (.2) added, Bill No. 980022 (approved May 14, 1998), effective August 12, 1998. |
| 467 | Added, Bill No. 960085-A (approved December 21, 1999). |
| 468 | Added, Bill No. 980022 (approved May 14, 1998), effective August 12, 1998. |
| 469 | Added, Bill No. 180814 (approved October 31, 2018). |
| 470 | Enrolled bill read "conducted". Bill No. 980022 (approved May 14, 1998). |
| 471 | Amended, Bill No. 170164 (approved April 4, 2017). |
| 472 | Added, Bill No. 970551 (approved June 6, 1998), effective August 5, 1998. Enrolled bill designated this as subsection (b); renumbered as subsection (c) by Code editor. |
| 473 | Former subsection (d) added by Bill No. 970675 (approved June 24, 1998). Enrolled bill designated this as subsection (b); renumbered as subsection (d) by Code editor. Deleted, Bill No. 980721 (approved December 15, 1998). Enrolled bill designated deleted material as subsection (b); renumbered subsection (d) deleted by Code editor. Current subsection (d) added by Bill No. 110132 (approved July 19, 2011). |
| 474 | Added, Bill No. 990422 (approved December 21, 1999). |
| 475 | Added, Bill No. 040271 (approved May 6, 2004). |
| 476 | |
| 477 | Added, Bill No. 150439-A (approved September 29, 2015). |
| 478 | Added, Bill No. 150498 (approved September 8, 2015). |
| 479 | Added, Bill No. 171013 (approved January 3, 2018). |
| 480 | Added, Bill No. 230856 (approved December 20, 2023). |
| 481 | Amended, Bill No. 980022 (approved May 14, 1998), effective August 12, 1998. |
| 482 | Amended, Bill No. 980022 (approved May 14, 1998), effective August 12, 1998. |