Skip to code content (skip section selection)
Compare to:
Philadelphia Overview
The Philadelphia Code
PHILADELPHIA HOME RULE CHARTER
THE PHILADELPHIA CODE
TITLE 1. GENERAL PROVISIONS
TITLE 2. CITY-COUNTY CONSOLIDATION
TITLE 3. AIR MANAGEMENT CODE
TITLE 4. THE PHILADELPHIA BUILDING CONSTRUCTION AND OCCUPANCY CODE
TITLE 4.1. ELECTRICAL CODE
TITLE 4.2. PROPERTY MAINTENANCE CODE
TITLE 5. FIRE PREVENTION CODE
TITLE 6. HEALTH CODE
TITLE 7. HOUSING CODE
TITLE 8. PLUMBING CODE
TITLE 9. REGULATION OF BUSINESSES, TRADES AND PROFESSIONS
CHAPTER 9-100. GENERAL PROVISIONS
CHAPTER 9-200. COMMERCIAL ACTIVITIES ON STREETS
CHAPTER 9-300. COMMUNICATION
CHAPTER 9-400. CARRIERS
CHAPTER 9-500. BOILERS, FUEL, HEAT AND REFRIGERATION
CHAPTER 9-600. SERVICE AND OTHER BUSINESSES
CHAPTER 9-700. AMUSEMENT BUSINESSES
CHAPTER 9-800. LANDLORD AND TENANT
CHAPTER 9-900. PROFESSIONS
CHAPTER 9-1000. TRADES
CHAPTER 9-1100. FAIR PRACTICES ORDINANCE: PROTECTIONS AGAINST UNLAWFUL DISCRIMINATION
CHAPTER 9-1200. CONDOMINIUM AND COOPERATIVE CONVERSIONS
CHAPTER 9-1300. INSPECTION BUSINESSES
CHAPTER 9-1400. WEIGHTS AND MEASURES
CHAPTER 9-1500. NOTIFICATION OF INTENTION TO CLOSE OR RELOCATE OPERATIONS
CHAPTER 9-1600. PROHIBITION AGAINST UNLAWFUL EVICTION PRACTICES
CHAPTER 9-1700. REQUIRED POLICY FOR EMPLOYERS WITHIN THE CITY OF PHILADELPHIA REGARDING ASPECTS OF TRANSMISSION OF HUMAN IMMUNODEFICIENCY VIRUS
CHAPTER 9-1800. PROTECTING PHILADELPHIA'S RESTAURANTS DURING THE COVID-19 PANDEMIC
CHAPTER 9-1900. FIRE INSURANCE ESCROW ACCOUNTS: MUNICIPAL CERTIFICATE REQUIRED PRIOR TO PAYMENT OF FIRE LOSS CLAIMS
CHAPTER 9-2000. SALE OF MALT OR BREWED BEVERAGES
CHAPTER 9-2100. CIGARETTE VENDING MACHINES
CHAPTER 9-2200. EXPEDITERS
CHAPTER 9-2300. PROTECTION OF DISPLACED SERVICE EMPLOYEES
CHAPTER 9-2400. PROHIBITION AGAINST PREDATORY LENDING PRACTICES
CHAPTER 9-2500. FIRE SUPPRESSION SYSTEM WORKERS
CHAPTER 9-2600. PLANNED EVENT PERMITS
CHAPTER 9-2700. SALES OF ALCOHOL; VERIFICATION OF AGE
CHAPTER 9-2800. UNIVERSITIES, PROPERTY OWNERS OR MANAGERS AND STUDENTS
CHAPTER 9-2900. TAKE-OUT SALE OF MALT AND BREWED BEVERAGES
CHAPTER 9-3000. SHEET METAL TECHNICIAN
CHAPTER 9-3100. USE OF MERCURY IN DENTISTRY
CHAPTER 9-3200. ENTITLEMENT TO LEAVE DUE TO DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR STALKING
CHAPTER 9-3300. USE AND INSPECTION OF TOWER AND MOBILE CRANES IN CONSTRUCTION
CHAPTER 9-3400. ENERGY CONSERVATION
CHAPTER 9-3500. FAIR CRIMINAL RECORD SCREENING STANDARDS
CHAPTER 9-3600. AGENTS AND SHERIFF'S SALES
CHAPTER 9-3700. BOUNCERS
CHAPTER 9-3800. ELECTRIC FENCES
CHAPTER 9-3900. PROPERTY LICENSES AND OWNER ACCOUNTABILITY
CHAPTER 9-4000. AUTOMATED PURCHASING MACHINES
CHAPTER 9-4100. PROMOTING HEALTHY FAMILIES AND WORKPLACES
CHAPTER 9-4200. DONATION BINS
CHAPTER 9-4300. WAGE THEFT COMPLAINTS
CHAPTER 9-4400. RESPONSIBLE BUSINESS OPERATIONS
CHAPTER 9-4500. PROTECTIONS FOR DOMESTIC WORKERS
CHAPTER 9-4600. FAIR WORKWEEK EMPLOYMENT STANDARDS
CHAPTER 9-4700. WRONGFUL DISCHARGE FROM PARKING EMPLOYMENT
CHAPTER 9-4800. RESPONSIBILITIES CONCERNING BED BUG INFESTATION
CHAPTER 9-4900. PROHIBITION ON USE OF CERTAIN BAGS BY RETAIL ESTABLISHMENTS
CHAPTER 9-5000. EMPLOYEE PROTECTIONS IN CONNECTION WITH COVID-19 EMERGENCY HEALTH ORDER
CHAPTER 9-5100. FOOD DELIVERY SERVICES
CHAPTER 9-5200. RESIDENTIAL PROPERTY WHOLESALERS
CHAPTER 9-5300. TRAVEL AND HOSPITALITY WORKER RECALL AND RETENTION
CHAPTER 9-5400. RETENTION OF HOTEL WORKERS
CHAPTER 9-5500. PROHIBITION ON TESTING FOR MARIJUANA AS A CONDITION FOR EMPLOYMENT
CHAPTER 9-5600. WORKFORCE AND CAREER PATHWAYS INFORMATION SHEET
CHAPTER 9-5700. LEASING OF COMMERCIAL PROPERTY
CHAPTER 9-5800. TANGLED TITLE DISCLOSURE
CHAPTER 9-5900. PROHIBITION ON CERTAIN GAMING AND SKILL-BASED DEVICES
CHAPTER 9-6000. EMPLOYEE COMMUTER TRANSIT BENEFIT PROGRAMS
CHAPTER 9-6100. MOTOR VEHICLE SALVAGING, DISMANTLING, RECYCLING, OR REPAIRING
CHAPTER 9-6200. TRESPASSING IN RETAIL ESTABLISHMENTS
CHAPTER 9-6300. CONSUMER PROTECTION ORDINANCE
CHAPTER 9-6400. OPERATION AND MAINTENANCE OF ELECTRIC VEHICLE CHARGING STATIONS
TITLE 10. REGULATION OF INDIVIDUAL CONDUCT AND ACTIVITY
TITLE 11. STREETS
TITLE 12. TRAFFIC CODE
TITLE 13. WATER AND SEWER
TITLE 14. ZONING AND PLANNING
TITLE 15. PARKS AND RECREATION
TITLE 16. PUBLIC PROPERTY
TITLE 17. CONTRACTS AND PROCUREMENT
TITLE 18. COMMERCE AND AVIATION
TITLE 19. FINANCE, TAXES AND COLLECTIONS
TITLE 20. OFFICERS AND EMPLOYEES
TITLE 21. MISCELLANEOUS
TITLE 22. PUBLIC EMPLOYEES RETIREMENT CODE
Loading...
§ 9-205. Sidewalk Sales. 96
   (1)   Definitions. In this Section, the following definitions apply:
      (a)   Stands. Any stand, showcase, table, bench, rack, cart, stall or any other fixture or device whatever which is used for the purpose of displaying, exhibiting, carrying, transporting, storing or offering for sale, or the selling of any goods, wares or merchandise upon the sidewalk.
      (b)   Goods, Wares and Merchandise shall include but not be limited to vegetables, produce, garden truck, fruits, plants, flowers, pretzels, or food, drinks, ice cream, dairy products, cakes, pies, pastries or candy sold for immediate consumption, leather goods, cosmetics, beauty aids, hair pieces, wearing apparel of any kind, jewelry, ornaments, art work, decorative items, tobacco, or tobacco products, except paperbound or clothbound books, magazines, periodicals or newspapers only when sold or offered for sale in accordance with and subject to Section 9-212, relating to newsstands. 97
      (c)   Sidewalk. All that area legally open to the public use as a pedestrian public way between the curb line and the legal building line of the abutting property or, in case of a park, playground, or recreation center, between the curb line and the boundary of the park, playground, or recreation center. 97.1
      (d)   Vendor. Any person who exhibits, displays, offers for sale or sells any goods, wares or merchandise from any stand while on the sidewalks or other property owned or controlled by the City of Philadelphia. Vendor shall also include any "peddler", "hawker", "huckster", "itinerant merchant" or "transient vendor" whose activities or conduct are not covered by Section 9-201 or 9-203. 98
   (2)   Exemptions. The provisions of this Section shall not apply to:
      (a)   Goods, wares, or merchandise temporarily deposited on the sidewalk in the ordinary course of delivery, shipment or transfer.
      (b)   The placing and maintenance of stands or sales devices for the sale, display or offering for sale newspapers, magazines, and periodicals. 99
      (c)   The display and sale of Christmas trees pursuant to a permit issued by the Department during the three weeks prior to December 25.
      (d)   Sidewalk sales by owners and tenants of properties at the locations listed in subsection (e). Such vending shall be permitted and shall be exempt from the provisions of Section 9-205, including, but not limited to, the license requirement of subsection 9-205(3), provided: 100
         (.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.
      (e)   Subsection (d) shall apply to owners and tenants of properties at the following locations: 101
         (.1)   Both sides of Girard avenue between Frankford avenue and Susquehanna avenue.
         (.2)   Both sides of north Second street, between Spring Garden street and Girard avenue. 102
         (.3)   Both sides of Twenty-second street between Lehigh avenue and Allegheny avenue. 103
      (f)   Farmers' Markets licensed pursuant to Section 9-213. 104
      (g)   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. 105
      (h)   Vending on the sidewalk on or adjacent to any City park, playground, or recreation center under the jurisdiction or management of the Department of Parks and Recreation, which is prohibited unless approved by a permit issued by the Department of Parks & Recreation.  105.1
   (3)   License. It shall be unlawful for any person to engage in the business of sidewalk selling unless he or she has first obtained a license from the Department of Licenses and Inspections.
      (a)   Each license issued 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 and a photograph of the licensee not less than two inches square nor more than three inches square.
      (b)   Every license to engage in the business of sidewalk sales shall 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.
   (4)   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;
         (.3)   if employed by another, the name and address of the person, firm, association, organization, company or corporation;
         (.4)   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 vendor pays an application fee for an initial license and an annual license fee in accordance with subsection 9-203(3)(b). 106
      (c)   In the case where the business owner is engaged in the use of sidewalk selling on his or her own business property, their sidewalk sale license will be eliminated. This amendment is not to supersede any ordinance placed on business owners who are restricted to have any sidewalk sales. This Amendment is not to include any license a business owner must attain when concerning a food handling license. 107
   (5)   Identification and License Plate.
      (a)   Each vendor while engaged in the business of sidewalk selling shall, while 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 words "Sidewalk Sales", the year for which issued, the number of the license plate which shall correspond to the number which appears on the vendor's license, and the name of the licensee. The words "Sidewalk Sales" and the license plate number shall be of uniform size and plainly discernible. The license plate shall be attached by the vendor to the stand 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 words "Sidewalk Sales", the number of the license and the words "City of Philadelphia". The color of the identification badge and the 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.
      (b)   The Department shall be notified of any change of business address or residence within thirty 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.
   (7)   All licenses will be issued according to regulations established by the Department of Licenses and Inspections.
   (8)   Prohibited Conduct. No vendor or person shall:
      (a)   engage in the business of vending unless his stand is mounted on at least two wheels which have a diameter of not less than eight inches;
      (b)   use a stand which is propelled by an internal-combustion engine;
      (c)   station, place, set up or maintain his stand on the sidewalk or allow it to remain there except at the curb line for the purpose of selling goods, wares or merchandise therefrom;
      (d)   station, place, set up or maintain his stand or allow it to remain on any sidewalk if to do so would place him closer than thirty feet to any other vendor who is vending on the sidewalk if not separated by a public street;
      (e)   conduct himself or his business in such a way as would:
         (.1)   substantially restrict, obstruct, interfere with or impede the pedestrian right-of-way;
         (.2)   substantially restrict, obstruct, interfere with or impede the ingress or egress from the abutting property;
         (.3)   create or become a nuisance;
         (.4)   increase traffic congestion, cause or increase traffic delay or hazards;
         (.5)   cause, create or constitute a danger to life, health or property;
      (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 stand or combination thereof the dimensions of which exceed four feet in width, eight feet in length and eight feet in height;
      (h)   use any stand which, when fully loaded with merchandise, cannot be easily moved and maintained under control by the licensee, his employee or attendant;
      (i)   use, set up, attach, place or permit the use of any table, crate, carton, rack, device or structure of any kind to increase the selling or display capacity of his stand;
      (j)   leave any stand unattended at any time or store, place or leave same overnight on any sidewalk or public way of the City;
      (k)   sell any merchandise or other articles or thing whatsoever on any property owned or controlled by the City of Philadelphia, except for sidewalks, unless permission has been expressly granted by the City of Philadelphia; 108
      (l)   engage in the business of vending between twelve midnight and seven a.m.;
      (m)   Station, place set-up or maintain his stand or his goods, wares, or merchandise, or allow them to remain on any part of the sidewalk for sale or display or be sold if to do so would place the vendor or his goods, wares or merchandise closer than ten feet from the intersection of the legal building line, produced, of intersecting streets or sidewalks, or reduce the unobstructed pedestrian right-of-way to less than six feet; 109
         (.1)   The Department of Streets may from time to time by regulation change the width of the pedestrian right-of-way space required, as circumstances require;
      (n)   engage in the business of vending at any location where the curbs have been depressed to facilitate pedestrian or vehicular movement;
      (o)   be permitted to have more than one licensed stand on any street where vending is permitted;
      (p)   exhibit, display, offer for sale or sell any goods, wares, or merchandise or place or allow any stand to remain on the sidewalks of the following streets or any other location 110 which the Council shall from time to time ordain:
         (.1)   Arch street, between Front street and the Schuylkill River;
         (.2)   Armat street, between Germantown avenue and Lena street;
         (.3)   Broad street, between Vine street and Pine street;
         (.4)   Chelten avenue, between Wissahickon avenue and Chew street;
         (.5)   Chestnut street, between Front street and the Schuylkill River;
         (.6)   Frankford avenue, between Cheltenham avenue and Adams avenue, provided that: 111
            (.a)   sidewalk sales shall be permitted on both sides of the 4100 block of Frankford Avenue, from 8 a.m. until 5 p.m., Monday through Friday; and
            (.b)   owners of business properties on Frankford avenue between Adams avenue and Brill street may engage in sidewalk sales within three (3) feet of the building line in front of their business if they comply with all provisions of this Section 9-205 (including, but not limited to, the license requirements of subsection (3)), except that such business owners shall be exempt from the following provisions: subsection (8)(c), relating to placement of stands at the curb line; subsection (8)(d), relating to proximity to other licensed vendors; subsection (8)(o), relating to the number of stands; and that part of subsection (8)(m) which prohibits the placements of stands within ten feet of the intersection as defined therein;
         (.7)   Reserved; 112
         (.8)   Germantown avenue, between Coulter street and Washington lane;
         (.9)   Greene street, between Coulter street and Washington lane;
         (.10)   Market street, between Front street and the Schuylkill River;
         (.11)   Pratt street, between Griscom street and Darrah street;
         (.12)   Walnut street, between Front street and the Schuylkill River;
         (.13)   Wayne avenue, between Coulter street and Washington lane;
         (.14)   Woodlawn avenue, between Germantown avenue and Kenyon street;
         (.15)   Within the area bounded by the Schuylkill River, the right-of-way of the Penn Central Railway and Spring Garden street;
         (.16)   South side of Market street, between Fifty-first street and Fifty-third street; east and west sides of Fifty-second street, between Market street and Spruce street;
         (.17)   Columbia avenue, between Tenth street and Broad street; 113
         (.18)   North and south sides of Baltimore avenue, between Forty-sixth street and Fifty-second street; east and west sides of Forty-ninth street, between Baltimore avenue and Florence avenue; north side of Catherine street, between Forty-ninth street and Fiftieth street;
         (.19)   Juniper street, between Filbert street and Walnut street;
         (.20)   Within the area bounded by and including both sides of E. Tioga street, Kensington avenue, E. Ontario street, Potter street, "I" street, E. Westmoreland street, "F" street, Kensington avenue, E. Monmouth street, and Emerald street, except that sidewalk sales shall be permitted, by the owner or tenant of a building, on the sidewalk immediately adjacent to such building, up to a distance of three (3) feet from the building line, provided such sales are accessory to the business conducted by the owner or tenant in the abutting building and a free and clear distance of at least six (6) feet is maintained for pedestrian travel. Such building owners or their tenants shall comply with all provisions of Section 9-205, including but not limited to, the license requirements of subsection (3); 114
         (.21)   North side of Market street, between Fifty-first street and Fifty-third street; east and west sides of Fifty-second street, between Market street and Haverford avenue;
         (.22)   West side of Ogontz avenue, between Spencer street and Church lane;
         (.23)   Both sides of Ontario street, between Seventeenth street and Eighteenth street;
         (.24)   North and south sides of Pratt street, between Darrah and Penn streets;
         (.25)   Broad street, from the south side of I-95 to the Philadelphia Naval Base;
         (.26)   Within the area bounded by Oregon avenue, I-95, Front street as extended to I-95 and Twentieth street as extended to I-95, including both sides of any street bounding this area; 115
         (.27)   Deleted; 116
         (.28)   Both sides of Fifth street, between Duncannon avenue and Champlost avenue;
         (.29)   Both sides of Alney avenue, between Fourth street and Sixth street;
         (.30)   Germantown avenue, both sides, from Cresheim Valley drive to Chestnut Hill avenue;
         (.31)   Bethlehem pike, both sides, from Germantown avenue to Newton street;
         (.32)   Cresheim Valley drive within the area of Fairmount Park;
         (.33)   Mermaid lane, both sides, between Crefeld street and Devon street;
         (.34)   Moreland avenue, both sides, between Crefeld street and Devon street;
         (.35)   Springfield avenue, both sides, between Crefeld street and Winston road;
         (.36)   Benezet street, both sides, between Germantown avenue and Winston road;
         (.37)   Willow Grove avenue, both sides, between Crefeld street and Winston road;
         (.38)   Wooddale avenue, both sides, between Germantown avenue and Winston road;
         (.39)   Abington avenue, both sides, between Roanoke street and Ardleigh street;
         (.40)   Both sides of Hartwell lane, Southampton avenue, Gravers lane, Highland avenue and Evergreen avenue, between Shawnee street and Ardleigh street;
         (.41)   Rex avenue, both sides, between Germantown avenue and Shawnee street;
         (.42)   Chestnut Hill avenue, both sides, between Shawnee street and Bethlehem pike;
         (.43)   Both sides of Woodland avenue, between Sixtieth street and Sixty-seventh street, except that sidewalk sales shall be permitted by business owners on the sidewalk abutting their business properties; 117
         (.44)   Venango street, both sides, from Broad street to Thirteenth street; 118
         (.45)   Tioga street, both sides from Broad street to Thirteenth street; 119
         (.46)   Erie avenue, both sides, from Broad street to Thirteenth street; 120
         (.47)   Triangular area bounded by Germantown avenue, Erie avenue and Broad street; 121
         (.48)   Victoria street, both sides, from Germantown avenue to Elser street; 122
         (.49)   Deleted; 123
         (.50)   Germantown avenue, both sides from Washington lane to Cresheim Valley drive; 124
         (.51)   Twenty-second street, both sides, from Somerset street to Indiana avenue; 125
         (.52)   Cambria street, both sides, from Twenty-first street to Twenty-third street; 126
         (.53)   Indiana avenue, both sides, from Twenty-first street to Twenty-third street; 127
         (.54)   Deleted; 128
         (.55)   Both sides of Conshohocken avenue between City avenue and Belmont avenue; 129
         (.56)   Front street, between Spruce street and South street; 130
         (.57)   Lombard street, between Front street and Third street; 131
         (.58)   Pine street, between Front street and Third street; 132
         (.59)   Second street, between Spruce street and South street; 133
         (.60)   Frankford avenue, both sides, from Tyson avenue to Sheffield street; 134
         (.61)   Cottman avenue, both sides, from Charles street to Leon street; 135
         (.62)   Sixtieth street, Sixty-first street, Sixty-second street, Sixty-third street, Sixty-fourth street, Sixty- fifth street, and Sixty-sixth street, between Greenway avenue and Paschall avenue; 136
         (.63)   Both sides of Tabor road, between Fourth street and Sixth street; 137
         (.64)   Both sides of Chew street, between Fourth street and Sixth street; 138
         (.65)   Greene street, both sides, from Coulter street to Hansberry street; 139
         (.66)   Queen lane, both sides, from Germantown avenue to Wayne avenue; 140
         (.67)   Penn street, both sides, from Germantown avenue to Wayne avenue; 141
         (.68)   Coulter street, both sides, from Germantown avenue to Wayne avenue; 142
         (.69)   Both sides of Haverford avenue between Sixty-seventh street and Sixty-eighth street; 143
         (.70)   Island avenue between Elmwood and Bartram avenues; 144
         (.71)   Lindbergh boulevard between Fifty-eighth and Eighty-eighth streets; 145
         (.72)   Mario Lanza boulevard between Lindbergh boulevard and Eighty-sixth street; 146
         (.73)   Island avenue between Bartram and Penrose avenues; 147
         (.74)   Ryan avenue, both sides, from Frankford avenue to Rowland avenue; 148
         (.75)   Leon street, both sides, from Tyson avenue to Sheffield avenue; 149
         (.76)   Both sides of South street, between Front street and Eighth street; 150
         (.77)   South Broad street, between Wharton street and McKean street; 151
         (.78)   Second street, between Market street and Walnut street; 152
         (.79)   Chestnut street, between Front street and Third street; 153
         (.80)   Deleted; 154
         (.81)   Deleted; 155
         (.82)   East side of Fifth street, between Market street and Chestnut street; 156
         (.83)   The Tenth Councilmanic District; 157
         (.84)   Both sides of Point Breeze avenue, between Federal street and Tasker street; 158
         (.85)   Both sides of Wharton street, between Twentieth street and Twenty-first street; 159
         (.86)   Both sides of Reed street, between Twenty-first street and Twenty-second street; 160
         (.87)   Both sides of Dickinson street, between Twenty-first street and Twenty-second street; 161
         (.88)   Both sides of Tasker street, between Twenty-first street and Twenty-second street; 162
         (.89)   South side of Oregon avenue between Front and Randolph street; 163
         (.90)   The east side of Tenth street from Locust street to Walnut street; the west side of Ninth street from Locust street to Walnut street; the south side of Walnut street from Ninth street to Tenth street; and the north side of Locust street from Ninth street to Tenth street; 164
         (.91)   Second street, both sides, building line to curb line, from Lombard street to South street; 165
         (.92)   Front street, both sides, from Pine street to South street; 166
         (.93)   Deleted; 167
         (.94)   Deleted; 168
         (.95)   Deleted; 169
         (.96)   Ogontz avenue, 7300 - 7500 blocks, odd side; 170
         (.97)   Harrison street, both sides, between Horrocks and Leiper streets; 171
         (.98)   Wakeling street, both sides, between Horrocks and Penn streets; 172
         (.99)   Allengrove street, both sides, between Horrocks and Oakland streets; 173
         (.100)   Oxford avenue, both sides, between Penn and Dyre streets; 174
         (.101)   Oakland street, both sides, between Foulkrod and Dyre streets; 175
         (.102)   The east side of Twelfth street between Market and Arch streets; 176
         (.103)   Both sides of Eleventh street between Filbert and Arch streets; 177
         (.104)   Seventieth street between Essington and Elmwood avenues; 178
         (.105)   Eighty-first street between Bartram avenue and Cobbs Creek at the City limit; 179
         (.106)   Deleted; 180
         (.107)   Third street, east side, from Lombard street to South street; 181
         (.108)   West side of Ninth street, between Walnut street and Moravian streets; 182
         (.109)   Port Royal avenue, from Henry avenue to a point one thousand one hundred feet east thereof, both sides; 183
         (.110)   Cathedral road between Ridge avenue and Brierdale road, both sides; 184
         (.111)   Vine street, both sides, building line to curb line, between Broad street and Sixth street; 185
         (.112)   Deleted; 186
         (.113)   Solly avenue between Roosevelt boulevard and Bradford street, both sides; 187
         (.114)   Deleted; 188
         (.115)   1600 block East Upsal street, both sides; 189
         (.116)   Godfrey avenue, both sides, between Rising Sun and Newtown avenues; 190
         (.117)   Fourth street, both sides, between Market street and Chestnut street; 191
         (.118)   Tacony Creek Park, bounded by Cheltenham avenue, Hammond street, Crescentville road and Newtown road; 192
         (.119)   American street, both sides, between Pine street and South street; 193
         (.120)   Thirteenth street, both sides, from Moore street to Mifflin street; 194
         (.121)   East Passyunk avenue, both side, between Tasker street and McKean street; 195
         (.122)   Moore street, both sides from Twelfth street to Thirteenth street; 196
         (.123)   McKean street, both sides, from Thirteenth street to Broad street; 197
         (.124)   Juniper street, both sides from McKean street to Passyunk avenue; 198
         (.125)   Twelfth street, both sides, between Morris street and Moore street; 199
         (.126)   Dock street, both sides, between Front street and Second street; 200
         (.127)   Both sides of Welsh road, from Roosevelt boulevard, to Leonard street; 201
         (.128)   Both sides of Lehigh avenue, between Nineteenth street and Twenty-third street; 202
         (.129)   Both sides of Somerset street, between Twentieth street and Twenty-first street; 203
         (.130)   Both sides of Lehigh avenue, between Nineteenth street and Twenty-third street; 204
         (.131)   Both sides of Somerset street, between Nineteenth street and Twenty-third street; 205
         (.132)   Both sides of Twentieth street, between Sedgley avenue and Cambria street; 206
         (.133)   Both sides of Twenty-first street, between Lehigh avenue and Cambria street; 207
         (.134)   Both sides of Twenty-second street, between Glenwood avenue and Somerset street; 208
         (.135)   Both sides of Welsh road, from Leonard street to Blue Grass road; 209
         (.136)   Deleted; 210
         (.137)   Deleted; 211
         (.138)   Deleted; 212
         (.139)   Deleted; 213
         (.140)   Ontario street, north side, between Broad street and Germantown avenue; 214
         (.141)   Broad street, east side, from the northeast corner of Ontario street to a point three hundred twelve feet north thereof; 215
         (.142)   Thirteenth street, both sides, between Catharine and Christian streets; 216
         (.143)   The south side of Pine street between Thirteenth and Camac streets; 217
         (.144)   Deleted; 218
         (.145)   Cayuga street, both sides, between "I" street and Castor avenue; 219
         (.146)   Belmont avenue, both sides, between City Line avenue and Parkside avenue; 220
         (.147)   Ford road, both sides, between Belmont avenue and Conshohocken avenue; 221
         (.148)   Third street, the west side, between Lombard street and South street; 222
         (.149)   Third street, both sides, between South street and Bainbridge street; 223
         (.150)   Orianna street, both sides, between South street and Bainbridge street; 224
         (.151)   Fourth street, both sides, between Lombard street and Bainbridge street; 225
         (.152)   Leithgow street, both sides, between Lombard street and Bainbridge street; 226
         (.153)   Fifth street, both sides, between Lombard street and Bainbridge street; 227
         (.154)   Randolph street, both sides, between Lombard street and Bainbridge street; 228
         (.155)   Sixth street, both sides, between Lombard street and Bainbridge street; 229
         (.156)   Passyunk avenue, both sides, between South street and Bainbridge street; 230
         (.157)   American street, both sides, between South street and Bainbridge street; 231
         (.158)   Both the east side of Eleventh street and the west side of Tenth street between Chestnut and Walnut streets; 232
         (.159)   Decatur road between Comly road and Academy road, both sides; 233
         (.160)   Deleted; 234
         (.161)   Pickering avenue, between Mt. Airy avenue and Gowen avenue, both sides; 235
         (.162)   Both sides of Twelfth street between Chestnut and Sansom streets; 236
         (.163)   Both sides of Eleventh, Twelfth and Thirteenth streets, between Bainbridge and Carpenter streets; 237
         (.164)   Both sides of Girard avenue between Frankford and Susquehanna avenues; 238
         (.165)   James street, between Orthodox street and Pratt street, both sides; 239
         (.166)   Wakeling street, between Cottage street and Tacony street, both sides; 240
         (.167)   Both sides of Thirteenth street between Christian and Carpenter streets; 241
         (.168)   Both sides of Haverford avenue between City Line avenue and Brookhaven road; 242
         (.169)   East side of Thirty-eighth street from Spruce street to a point four hundred twenty feet north of Spruce street; and the north side of Spruce street from Thirty-eighth street to a point one hundred seventy feet east of Thirty-eighth street; 243
         (.170)   North side of Walnut street, from Thirty-fourth street to a point six hundred feet west of Thirty- fourth street; the west side of Thirty-fourth street from Walnut street to the south side of Sansom street; and both sides of Sansom street between Thirty-fourth and Thirty-sixth streets; 244
         (.171)   Ramona avenue from Fisher's lane to Wyoming avenue, both sides; 245
         (.172)   Wyoming avenue from "H" street to Castor avenue, both sides; 246
         (.173)   Castor avenue from Wyoming avenue to Cayuga street, both sides; 247
         (.174)   "I" street from Cayuga street to Ramona avenue, both sides; 248
         (.175)   "H" street from Ramona avenue to Wyoming avenue, both sides; 249
         (.176)   Wadsworth avenue, from Michener avenue to Cheltenham avenue, both sides; 250
         (.177)   Sixth street, both sides, between Sansom and Walnut streets; 251
         (.178)   Seventh street, both sides, between Sansom and Walnut streets; 252
         (.179)   The area bordered by and including: the west side of Sixth street through the west side of Ninth street and the north side of Lombard street through the south side of Bainbridge street, and the following streets contained therein: 253
            (.a)   Seventh street, between Lombard street and Bainbridge street;
            (.b)   Eighth street, between Lombard street and Bainbridge street;
            (.c)   Rodman street, between Sixth street and Ninth street;
            (.d)   South street, between Sixth street and Ninth street; and
            (.e)   Kater street, between Sixth street and Ninth street;
         (.180)   Deleted; 254
         (.181)   500 Block of South Second street, between Lombard and South streets on Second street; 255
         (.182)   Water street from Jackson street to McKean street; Swanson street from Jackson street to McKean street; and Snyder avenue from Water street to Vandalia street; 256
         (.183)   Passyunk avenue between Reed street and Dickinson street (1400 block East Passyunk avenue); 257
         (.184)   Reed street between Tenth street and Eleventh street (1000 block of Reed street); 258
         (.185)   7200 block Walnut lane (both sides); 259
         (.186)   1900 block Walnut lane (both sides); 260
         (.187)   2100 block Seventy-second avenue (both sides); 261
         (.188)   7100 block North Twentieth street (both sides); 262
         (.189)   1900 block Middleton street (north side); 263
         (.190)   2400 block of Aramingo avenue; 264
         (.191)   West side of Eighteenth street, between Arch street and the Benjamin Franklin parkway; 265
         (.192)   Cherry street, between Eighteenth and Nineteenth streets; 266
         (.193)   The Central Waterfront Area: the area bounded by: The south side of Spring Garden street, projected to the Pierhead line of the Delaware River; the Pierhead line of the Delaware River to the North side of Reed street; the North side of Reed street to the East side of the Route I-95 right-of-way; the East side of the Route I-95 right-of-way to the South side of Spring Garden street including adjacent areas extending approximately one block due west of the western limit of the Delaware avenue right-of-way and one block due east of the eastern limit of the Delaware avenue right-of-way; 267
         (.194)   Ogontz avenue (both sides) from the 7100 block to the (but not including) 7900 block; 268
         (.195)   Deleted; 269
         (.196)   Frankford avenue from Sheffield street to Stanwood street both sides and on Rhawn street from Leon street to Walker street both sides; 270
         (.197)   Deleted; 271
         (.198)   Stenton avenue (both sides) from Broad street to Ivy Hill road; 272
         (.199)   Osler circle, both sides, Curie boulevard, both sides, the northwest side of Civic Center boulevard and the east side of University avenue from Civic Center boulevard to Curie boulevard; 273
         (.200)   The area within the Ninth District from Ivy Hill road to Broad street (both sides) and from Cheltenham avenue to Stenton avenue, excluding the 8000 block of Ogontz avenue: 274
            (.a)   In the 8000 block of Ogontz avenue two vendors may occupy blockface, according to seniority; 275
         (.201)   Fifth street, east side from Lombard street to a point fifty feet north of the north side of South street. Sidewalk Sales shall be permitted on the east side of Fifth street between South street and a point fifty feet north of the north side of South street; 276
         (.202)   East and west sides of North Broad street from Somerville avenue to Stenton avenue; 277
         (.203)   North and south side of Olney avenue between Thirteenth street and Fifteenth street; 278
         (.204)   East and west sides of Old York road between Somerville avenue and Stenton avenue; 279
         (.205)   North and south sides of Tabor road between Eleventh street and Old York road; 280
         (.206)   North and south sides of Chew avenue between Thirteenth street and Fifteenth street; 281
         (.207)   East and west sides of Park avenue between Grange avenue and Tabor road; 282
         (.208)   Fourth street, east side, between Ranstead street (projected) and Market street. Sidewalk Sales shall be permitted on the east side of Fourth street between Chestnut street and Ranstead street (projected); 283
         (.209)   Fourth street, west side, between Ludlow street and Chestnut street. Sidewalk Sales shall be permitted on the west side of Fourth street between Market street and Ludlow street; 284
         (.210)   2300 block of South Broad street (east side); 1300 block of Ritner street; 1300 block of Wolf street; 285
         (.211)   Deleted; 286
         (.212)   Deleted; 287
         (.213)   Deleted; 288
         (.214)   West side of Thirty-sixth street from Chestnut street to a point two hundred forty-eight feet south of Chestnut street; 289
         (.215)   Easterly side of Front street from the southerly side of Erie avenue to the centerline of the Philadelphia, Bustleton and Trenton Branch of the connecting railway; 290
         (.216)   Southerly side of Erie avenue between Front street and "B" street; 291
         (.217)   Easterly, southerly and westerly sides of "A" street; 292
         (.218)   Westerly side of "B" street between Erie avenue and Venango street; 293
         (.219)   East side of Eighteenth street, between Arch street and Cherry street; 294
         (.220)   South side of Cherry street, between Seventeenth and Eighteenth streets; 295
         (.221)   Deleted; 296
         (.222)   Deleted; 297
         (.223)   Both sides of every street or towpath contained within the area bordered by and including Green lane on the north, Cresson street on the east, Shurs lane on the south and the Schuylkill River on the west; 298
         (.224)   Deleted; 299
         (.225)   Deleted; 300
         (.226)   Deleted; 301
         (.227)   Both sides of Ridge avenue between Shurs lane/Walnut lane and Paoli avenue, except that owners or tenants of the properties abutting the portion of Ridge avenue thus affected by this subsection shall be exempt from its provisions; 302
         (.228)   1100, 1200, 1300, 1400, 1500 blocks of South Broad street, east and west sides; 303
         (.229)   Deleted; 304
         (.230)   Sidewalk sales will be permitted on that portion of the east side of Fifth street beginning seven feet from the east side of Fifth street for a distance of twenty-five feet and on that portion of the north side of Chew avenue beginning seventeen feet from the north side of Chew avenue for a distance of nineteen feet, twelve feet from each curb; 305
         (.231)   The area bounded by Twenty-fifth street on the east, Thirtieth street on the west, Poplar street on the south and Thompson street on the north; 306
         (.232)   2300 block of South Broad street, west side; 307
         (.233)   On Henry avenue from Indian Queen lane to Roberts avenue; 308
         (.234)   Sidewalk sales will be permitted on that portion of the west side of Fifth street beginning ten feet from the west side of Fifth street for a distance of thirty-seven feet and on that portion of the south side of Chew avenue beginning nine feet from the south side of Chew avenue for a distance of twelve feet, twelve feet from each curb; 309
         (.235)   On Queen lane from Wissahickon avenue to Fox street; 310
         (.236)   Thirty-three hundred (3300) block of Henry avenue; 311
         (.237)   Sidewalk Sales shall be permitted by business owners on their business property from East Passyunk avenue both sides between Tasker street to McKean street; 312
         (.238)   The area bounded on the northwest side of Cathedral road, the northeast side of Ridge avenue, the southeast side of Port Royal avenue and the southwest side of Hagys Mill road; 313
         (.239)   Parkside avenue from Belmont avenue to Wynnefield avenue (both sides); 314
         (.240)   Sidewalk Sales shall be permitted by business owners on their business property along Frankford avenue, both sides between Unity street and Foulkrod street; 315
         (.241)   The area bounded by Girard avenue on the north, Poplar street on the south, Front street on the east and Third street on the west; 316
         (.242)   The area bordered by and within both sides of Sixtieth street between Nassau road and the right- of-way for the SEPTA regional rail line; both sides of Nassau road between Sixtieth street and Fifty-seventh street; both sides of Fifty-seventh street between Nassau road and the right-of-way for the SEPTA regional rail line; and, the right-of-way for the SEPTA regional rail line between Fifty-seventh street and Sixtieth street; 317
         (.243)   Washington avenue, from Twentieth street to Twenty-second street; 318
         (.244)   Twenty-second street, from Washington avenue to Ellsworth street; 319
         (.245)   Front street between Dock street and Walnut street, both sides; 320
         (.246)   Dock street north side between Christopher Columbus boulevard and Front street; 321
         (.247)   Eleventh street, west side, between Arch street and Race street; 322
         (.248)   Twelfth street, both sides, between Market street and Race street; 323
         (.249)   Thirteenth street, both sides, between Market street and Race street; 324
         (.250)   Arch street, both sides, between Eleventh street and Thirteenth street; 325
         (.251)   Race street, both sides, between Eleventh street and Thirteenth street; 326
         (.252)   1300 Castle street (both sides); 327
         (.253)   Godfrey avenue, both sides Front street to Crescentville road; Front street, both sides Olney avenue to Cheltenham; Spencer avenue both sides from Front street to "A" street; on "A" street both sides from Spencer street to Champlost avenue; on Champlost avenue, both sides from "A" street to Crescentville road; on Crescentville road, both sides Champlost avenue to Cheltenham avenue; on Hammond street, from Nedro to Champlost; 328
         (.254)   Reserved;
         (.255)   6000 block of Rising Sun avenue, both sides; 329
         (.256)   6000 block of Hasbrook street, both sides; 330
         (.257)   400 block of Comly street, both sides; 331
         (.258)   400 block of Lardner street, both sides; 332
         (.259)   Chestnut street from Thirty-first street to Thirty-third street; 333
         (.260)   Market street from Thirty-first street to Thirty-third street; 334
         (.261)   Thirty-second street east side from Market street to Chestnut street; 335
         (.262)   1800 through 2500 blocks of East Lehigh avenue, both sides; 336
         (.263)   2000 through 2500 blocks of Frankford avenue, both sides; 337
         (.264)   Deleted; 338
         (.265)   The area on the east side of Frankford avenue to Rowland avenue from Tyson avenue to Stanwood street and on the east side of Frankford avenue to Torresdale avenue from Tyson avenue to Stanwood street; 339
         (.266)   The area on Comly street, both sides, from Keystone to Milnor street; 340
         (.267)   The area bordered by the Tacony Creek on the south side, Sanger street on the north side, Newtown road on the west side and Bingham street on the east side; 341
         (.268)   Rising Sun avenue both sides within a one block radius from Adams avenue to Longshore avenue; 342
         (.269)   Sidewalk Sales shall be permitted by business owners on their business property on Washington avenue, both sides, from Twenty-second street to Twenty-fourth street and on Twenty-second street, both sides, from Washington avenue to Carpenter street; 343
         (.270)   The area bounded by Henry avenue on the southwest side, Abbottsford avenue and McMichael street on the west side, Fox street on the north side and Roberts avenue on the east side, except that sidewalk sales are permitted on the 3200 block of Fox street on the east side; 344
         (.271)   The area on the 1600 blocks of Bridge street, Granite street and Pratt street, both sides; 345
         (.272)   Sidewalk Sales shall be permitted by business owners on their business property located at 2545 Island avenue; 346
         (.273)   2400 and 2500 blocks of South Sixty-sixth street, both sides, and the 2400 and 2500 blocks of South Sixty-seventh street, both sides; 347
         (.274)   400 block and 1800 block of East Somerset street;
         (.275)   2800 block of "D" street;
         (.276)   500 block and 1800 block of East Hart lane;
         (.277)   1800 block of East Monmouth street;
         (.278)   500 block and 1800 block of East Cambria street;
         (.279)   2900 block of "E" street;
         (.280)   600 block of East Indiana street;
         (.281)   1800 block of East Orleans street;
         (.282)   3000 block of "F" street;
         (.283)   700 block and 1800 block of East Clearfield street;
         (.284)   3100 block of "G" street;
         (.285)   800 block of East Clementine street;
         (.286)   1800 block of East Lippincott street;
         (.287)   1800 block of East Wishart street;
         (.288)   3200 block of Shelborne street;
         (.289)   3100 and 3200 blocks of Jasper street;
         (.290)   Deleted; 348
         (.291)   Deleted; 349
         (.292)   900 block and 1800 block of East Westmoreland street;
         (.293)   3300 block of "I" street;
         (.294)   1800 block of East Cornwall street;
         (.295)   1800 block of East Wensley street;
         (.296)   1800 block of East Thayer street;
         (.297)   900 block and 1800 block of East Ontario street;
         (.298)   3400 block of "J" street;
         (.299)   Sidewalk Sales shall be permitted by business owners and operators on the sidewalk immediately adjacent to their building line up to a distance of three (3) feet from said building line on Kensington avenue, both sides, from Lehigh avenue to Tioga street and on East Allegheny avenue, both sides, in the 800 and 1800 blocks, provided that a free and clear distance of eight (8) feet be maintained for pedestrian travel; 350
         (.300)   Erie avenue between Seventh street and Marshall street; 351
         (.301)   Deleted; 352
         (.302)   Rising Sun avenue, both sides, from Longshore avenue to Cottman avenue; 353
         (.303)   Oxford avenue, both sides, from Magee avenue to Rhawn street; 354
         (.304)   The area bounded by and within the east and west sides of Fifty-first street, between Parkside avenue and Columbia avenue; the north and south sides of Columbia avenue, between Fifty-first street and Fifty- second street; the east side of Fifty-second street between Columbia avenue and Parkside avenue; and the south side of Parkside avenue, between Fifty-first street and Fifty-second street; 355
         (.305)   The area bordered by and within the east and west sides of Sixty-third street, between Woodbine avenue and Lancaster avenue; the north and south sides of Malvern avenue, between Sixty-third street and Wynnewood road; the east and west sides of Wynnewood road, between Malvern avenue and Woodbine avenue; and, the north and south sides of Woodbine avenue between Sixty-third street and Wynnewood road; 356
         (.306)   Sidewalk sales shall be permitted by business owners in front of their business property located at 1930 West Passyunk avenue. Such business owners shall comply with all provisions of this Section 9-205, including but not limited to the license requirements of subsection (3), except that they shall be exempt from the following provisions: subsection (8)(c), relating to placement of stands at the curb line; subsection (8)(o), relating to the number of stands; and that part of subsection (8)(m) which prohibits the placement of stands within ten feet of the intersection as defined therein; 357
         (.307)   The 3000 block of Market street, south side; 358
         (.308)   Sidewalk sales shall be permitted by business owners or operators on the sidewalk immediately adjacent to their business property from Lansdowne avenue both sides between Fifty-ninth street to Sixty-third street. The provisions of subsection 9-205(8)(d) shall not apply; 359
         (.309)   Linden avenue, both sides, from Frankford avenue to Academy road; 360
         (.310)   State road, both sides, from Rhawn street to Linden avenue; 361
         (.311)   Frankford avenue, both sides, from Harbison avenue to Tyson avenue; 362
         (.312)   2300 block of South Sixty-sixth street, both sides, and the 2300 block of South Sixty-seventh street, both sides; 363
         (.313)   Deleted; 364
         (.314)   Both sides of the 1500 block of Bridge street; 365
         (.315)   Both sides of the 1500 block of Pratt street; 366
         (.316)   Deleted; 367
         (.317)   At any of the following locations (except that owners of business properties in such locations may engage in sidewalk sales within 40' of the building line in front of their businesses if they comply with all provisions of the Section 9-205, including, but not limited to, the license requirements of subsection (3), except that such business owners shall be exempt from the following provisions: subsection (8)(c), relating to placement of stands at the curb line; subsection (8)(d), relating to proximity to other licensed vendors; subsection (8)(o), relating to the number of stands; and that part of subsection (8)(m) which prohibits the placements of stands within ten feet of the intersection as defined therein): 368
            (.a)   the 100 block of West York street;
            (.b)   the 1800 block of East York street;
            (.c)   the 2300 block of North Jasper street;
            (.d)   the 100 block of West Dauphin street;
            (.e)   the 2300 block of North Nope street;
            (.f)   the 2400 block of North Front street; and
            (.g)   Kensington avenue, from York street to Lehigh avenue;
         (.318)   The area bounded by Washington avenue on the north side, Twelfth street on the east side, Oregon avenue on the south side and Seventeenth street on the west side, except that vending shall be permitted at the northwest corner of Thirteenth street and Oregon avenue and on Broad street within twenty-five (25) feet of the southwest corner of Broad and Shunk streets; 369
         (.319)   Frankford avenue, both sides, from Wakeling street to Bridge street; 370
         (.320)   Torresdale avenue, both sides, from Harbison to Cheltenham avenue; 371
         (.321)   Both sides of the 200 block of West Lehigh avenue; 372
         (.322)   Both sides of the 900 through 1600 blocks of E. Cayuga street; both sides of the 900 through 1700 blocks of E. Hunting Park avenue; both sides of the 900 through 1600 blocks E. Bristol street; both sides of the 900 through 1600 blocks of E. Luzerne street; both sides of the 900 through 1600 blocks of E. Lycoming street; both sides of the 900 through 1600 blocks of E. Erie avenue; both sides of the 3700 through 4300 blocks of Castor avenue; 373
         (.323)   Deleted; 374
         (.324)   Both sides of the 2700 block of North American street; 375
         (.325)   Baltimore avenue, 5700 block Mall side; 376
         (.326)   Fifty-eighth street from Baltimore avenue to Hoffman street, both sides; 377
         (.327)   Deleted; 378
         (.328)   The Fifty-Second Ward which encompasses the area bordered by and within the Schuylkill River and Girard avenue, west on Girard avenue to Parkside avenue, northwest on Parkside avenue to Belmont avenue, south on Belmont avenue to Girard avenue, west on Girard avenue to Lancaster avenue, northwest on Lancaster avenue to Fifty-ninth street, north on Fifty-ninth street to Upland Way, west and then northwest on Upland Way to Overbrook avenue, north on Overbrook avenue to City avenue, northeast on City avenue to the Schuylkill River, and south along the Schuylkill River to Girard avenue; except that vending shall be permitted at the northeast corner of Belmont and Girard Avenues; 379
         (.329)   Glenwood avenue, both sides, from Broad street to Sixteenth street; 380
         (.330)   Broad street, westerly side, from Glenwood avenue to Indiana avenue; 381
         (.331)   Unit block of South Thirtieth street, westside; 382
         (.332)   Godfrey avenue from Fifth street to Broad street, both sides; 383
         (.333)   Fifth street, from Godfrey avenue to Olney avenue, both sides; 384
         (.334)   2300 and 2400 blocks of Dickinson street; 385
         (.335)   2200 and 2300 blocks of Cross street; 386
         (.336)   2300 blocks of Wilder street; 387
         (.337)   2300 block of Gerritt street; 388
         (.338)   2200 block of Greenwich street; 389
         (.339)   1400 block of South Twenty-first street; 390
         (.340)   1400 - 1600 blocks of South Twenty-third street; 391
         (.341)   1400 and 1500 blocks of South Twenty-fourth street; 392
         (.342)   1400 and 1500 blocks of South Twenty-fifth street; 393
         (.343)   1400 and 1500 blocks of South Ringgold street; 394
         (.344)   1400 and 1500 blocks of South Taylor street; 395
         (.345)   2200 block of Tasker street; 396
         (.346)   The area bounded by and within Wissahickon avenue from School House lane to the Roosevelt Boulevard Extension, the Roosevelt Boulevard Extension from Wissahickon avenue to Scotts lane, Scotts lane from the Roosevelt Boulevard Extension to Ridge avenue, Ridge avenue from Scotts lane to the Roosevelt Boulevard Extension, the Roosevelt Boulevard Extension from Ridge avenue to the Schuylkill River, the Schuylkill River from the Roosevelt Boulevard Extension to the Wissahickon Creek, the Wissahickon Creek from the Schuylkill River to Ridge avenue, Ridge avenue from the Wissahickon Creek to School House lane, and School House lane from Ridge avenue to Wissahickon avenue, except that sidewalk sales are permitted on the 5000 block of Wissahickon avenue on the west side; and except that sidewalk sales shall be permitted by building owners or their tenants where the sale items are accessory to their business operation and are contiguous to the business property. Such building owners or their tenants shall comply with all provisions of Section 9-205 including, but not limited to, the license requirements of subsection (3), except that such building owners or their tenants shall be exempt from the following provisions: subsection (8)(c), relating to placement of stands at the curb line; subsection (8)(d), relating to proximity to other licensed vendors; subsection (8)(d), relating to the number. of stands; and that part of subsection (8)(m) which prohibits the placement of stands within ten feet of the intersection as defined therein; 397
         (.347)   2200 block of Swanson street, both sides; 398
         (.348)   The 1600, 1700, 1800 and 1900 blocks of North Front street; 399
         (.349)   The 1700 block of North Frankford avenue; 400
         (.350)   Palmer street, between Front street and Frankford avenue; 401
         (.351)   North side of Callowhill street, between Seventeenth and Eighteenth streets; 402
         (.352)   East side of Eighteenth street, between Callowhill street and Spring Garden street; 403
         (.353)   Baltimore avenue, 5600 to 5700 block, northside; 404
         (.354)   The area bordered by and including both sides of Olney avenue, Cheltenham avenue, Broad street and Fifth street, except that sidewalk sales shall be permitted on the south side of West Nedro avenue from Tenth street to a point seventy-seven feet east from Tenth street; 405
         (.355)   Chester avenue, 5400 to 5500 block, both sides; 406
         (.356)   South 54th street, 1500 to 1600 block, both sides; 407
         (.357)   Both sides of Fox street, between Allegheny avenue and Twenty-second street; 408
         (.358)   Both sides of Twenty-second street, between Indiana avenue and Allegheny avenue; 409
         (.359)   Both sides of Allegheny avenue, between Fox street and Twenty-first street; 410
         (.360)   Both sides of Toronto street, between Fox street and Twenty-first street; 411
         (.361)   The 1600 block of Callowhill street; 412
         (.362)   Chester avenue, both sides, between 52nd and 54th streets; 413
         (.363)   Kingsessing avenue, both sides, between 53rd and 54th streets; 414
         (.364)   53rd street, both sides, between Chester and Kingsessing avenues; 415
         (.365)   54th street, both sides, between Chester and Kingsessing avenues; 416
         (.366)   Franklin Town boulevard between Eighteenth street and Callowhill street; 417
         (.367)   The area bordered by Chew avenue, Stenton avenue, Mount Airy avenue and Johnson street; 418
         (.368)   Within the area beginning on the north corner at the intersection of 65th street and Elmwood avenue, thence extending southeastward along 65th street to Eastwick avenue; thence extending southward along Eastwick avenue to Lindbergh boulevard; thence extending southward along Lindbergh boulevard to 70th street; thence extending southward along 70th street to Holstein avenue; thence extending southward by Holstein avenue to Bartram avenue; thence extending westward along Bartram avenue to 86th street; thence extending northwestward along 86th street (extended) to the city boundary; thence extending northward along the city boundary to Elmwood avenue (extended); thence extending northeastward along Elmwood avenue (extended to the first mentioned point and place of beginning; including both sides of any street bounding this area, with the exception of vending of fresh fruits and vegetables in the vicinity of the northeast corner of the intersection of Lindbergh boulevard and 84th street; 419
         (.369)   Chestnut street between Fifty-fifth and Fifty-eighth streets; 420
         (.370)   Market street between Fifty-fifth and Fifty-eighth streets; 421
         (.371)   Fifty-sixth street, between Walnut and Arch streets; 422
         (.372)   Fifty-seventh streets, between Walnut and Arch streets; 423
         (.373)   Ludlow street, between Fifty-seventh and Fifty-eighth streets; 424
         (.374)   The south side of Spring Garden street between 15th street and 16th street, and the south side of Spring Garden street between Broad street and a point 133 feet west of Broad street; 425
         (.375)   Both sides of Stokley street, between Hunting Park avenue and Westmoreland street; 426
         (.376)   Southern side of Hunting Park avenue between Stokley street and 30th street; 427
         (.377 )   The area bounded by and within 60th street, Elmwood avenue, 67th street and Kingsessing avenue; including both sides of any street bounding or within this area; 428
         (.378)   On Broad street between Jefferson street and Norris street on both sides and on Cecil B. Moore avenue between 18th street and 12th street on both sides; 429
         (.379)   The east side of 17th street between Spring Garden street and Callowhill street, as well as the west side of 17th street, from Spring Garden street to within five feet of the southern most end of the stairway entrance to Community College of Philadelphia's Winnet Student Life Building; 430
         (.380)   Spring Garden street, from 16th street to 18th street; 431
         (.381)   Western side of Broad street, between Westmoreland street and Venango street; 432
         (.382)   Southern side of Venango street, between Broad street and Carlisle street; 433
         (.383)   Both sides of Tioga street, between Broad street and Carlisle street; 434
         (.384)   Both sides of Ontario street, between Broad street and Carlisle street; 435
         (.385)   Both sides of Aramingo avenue, between Lehigh avenue and Duncan street and within a one block radius on all streets which intersect with Aramingo avenue between Lehigh avenue and Duncan street; 436
         (.386)   Within the area bounded by Broad street, Oxford street, 13th street and Jefferson street, including both sides of any street bounding this area; 437
         (.387)   Both sides of north Second street, between Spring Garden street and Girard avenue with the exception that owners and tenants may engage in sidewalk vending in accordance with subsection 9-205(2)(d) and (e). 438
         (.388)   Both sides of Broad Street, between Washington Avenue and Bainbridge Street. 439
         (.389)   The west side of Castor Avenue from Oxford Avenue to Cottman Avenue. 440
         (.390)   Both sides of Castor avenue, between Glenwood avenue and Aramingo avenue. 441
         (.391)   Both sides of Amber street, between Tioga street and Castor avenue. 442
         (.392)   Both sides of Butler street, between Frankford avenue and Aramingo avenue. 443
         (.393)   Both sides of Frankford avenue, between Venango street and Butler street. 444
         (.394)   Both sides of Allegheny avenue, between Kensington avenue and Bath street. 445
         (.395)   The south side of West Allegheny Avenue between N. 2nd Street and N. 5th Street; and the north side of West Allegheny Avenue between N. 2nd Street and N. 3rd Street. 446
         (.396)   East side of the 5800 - 6500 block of Castor Avenue between Oxford Avenue to Magee Avenue. 447
         (.397)   West Olney avenue, from Church Lane to Ogontz avenue. 448
         (.398)   Both sides of Haverford Avenue between Brookhaven Road and Lansdowne Avenue. 449
         (.399)   Both sides of 77th Street between City Avenue and Overbrook Avenue. 450
         (.400)   East side of 57th Street, between Haverford Avenue and Vine Street. 451
         (.401)   North side of Vine street, between 56th Street and 57th Street. 452
         (.402)   West side of 56th Street, between Haverford Avenue and Vine Street. 453
         (.403)   City Avenue, between Haverford Avenue and 77th Street. 454
      (q)   sell any noisemaking horn or object within a five (5) block distance of any point on a parade route through City streets during such a parade, or within the three (3) hour period immediately preceding the scheduled commencement thereof; 455
      (r)   exhibit, display, offer for sale, sell or hold for sale any goods, wares or merchandise that have applied to the goods themselves and/or their labels, signs, prints, packages, wrappers, receptacles or associated advertisements any reproduction, counterfeit, copy or associated advertisement any reproduction, counterfeit, copy or colorable imitation of any name or mark, whether registered or unregistered, in a manner likely to cause confusion or mistake or to deceive as to the source or origin of such goods, wares or merchandise, within the meaning of the Pennsylvania Trademark Act, 54 Pa. C.S. § 1123, or any successor statutes or that consist of non- conforming recorded devices within the meaning of 18 Pa. C.S. § 4116 or any successor statutes. Any goods, wares or merchandise held in violation of this subsection shall be subject to immediate seizure by the Department, if a uniformed police officer is present, for the purpose of holding such goods, wares or merchandise as evidence for prosecution under 18 Pa. C.S. § 4116 or § 4119 or any related or successor statute. Such items shall be held by the Department pending a hearing, to be held within forty-eight (48) hours of any request by the owner of such items, to determine if said items were held in violation of this subsection; 456
      (s)   sell any fireworks. 457
   (9)   Penalties. 458
      (a)   The penalty for violation of any provision of this Section or any other applicable Section of The Philadelphia Code, Philadelphia Traffic Regulations or Ordinances of City Council is, in addition to any other sanctions provided, a fine not exceeding one hundred dollars ($100) for each offense together with revocation or suspension of the vendor's license. Each violation shall be evidenced by a separate written notice presented at time of citation for offense. A hearing on each violation shall be required before any fines, suspensions or revocations can occur. Each day of violation shall be deemed a separate offense.
      (b)   In addition to the penalties provided in subsection (9)(a), the Department of Licenses and Inspections 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 vendor who uses the sidewalk of any street in violation of this Section and refuses to immediately comply with this Section upon written notice of violation and an order to vacate the sidewalk. The vendor shall immediately be notified of the place where his property can be reclaimed and the vendor shall be entitled to immediately claim his property upon payment of the costs of removal.
      (c)   In addition to the penalties contained in subsections (9)(a) and (b), 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 under this Section;
         (.3)   conducting the business of vending under this Section 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.
   (10)   Construction. 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.
   (11)   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

96
   Repealed and new Section added, 1975 Ordinances, p. 1648; repealed and new Section added, 1976 Ordinances, p. 200; amended, 1976 Ordinances, pp. 726, 1086 and 1087.
97
   Amended, Bill No. 000166 (approved June 16, 2000).
97.1
   Amended, Bill No. 240240 (approved June 5, 2024).
98
   Amended, 1993 Ordinances, p. 127.
99
   Amended, 1988 Ordinances, p. 339; amended, 1992 Ordinances, p. 550; amended, 1993 Ordinances, p. 510; amended, 1995 Ordinances, p. 1412 (approved December 28, 1995); amended, Bill No. 960628 (approved January 22, 1997); amended, Bill No. 000166 (approved June 16, 2000).
100
   Added, Bill No. 030139 (approved April 8, 2003).
101
   Added, Bill No. 030139 (approved April 8, 2003).
102
   Added, Bill No. 100310 (approved June 23, 2010).
103
   Added, Bill No. 180179 (approved May 2, 2018).
104
   Added, Bill No. 040400 (approved July 1, 2004). Section 3 of Bill No. 040400 provides: "This Ordinance shall take effect immediately and the provisions of this Ordinance shall expire one year after this Ordinance became law." Amended, Bill No. 050384 (approved June 29, 2005). Bill No. 050384 implicitly repealed the "sunset" provision of Bill No. 040400 ("provisions ... shall expire....") insofar as Bill No. 040400 added this subsection (f).
105
   Added, Bill No. 180555 (approved September 19, 2018).
105.1
   Added, Bill No. 240240 (approved June 5, 2024).
106
   Amended, 1988 Ordinances, p. 339; amended, 1992 Ordinances, p. 550; amended, 1992 Ordinances, p. 617; renumbered and amended, Bill No. 170164 (approved April 4, 2017).
107
   Added, 1992 Ordinances, p. 617; renumbered, Bill No. 170164 (approved April 4, 2017).
108
   Amended, 1993 Ordinances, p. 127.
109
   Amended, 1981 Ordinances, p. 81; amended, 1985 Ordinances, p. 1279; amended, 1993 Ordinances, p. 510; amended, Bill No. 000166 (approved June 16, 2000).
110
   Bill No. 1122 (approved July 25, 1995), 1995 Ordinances, p. 1215, read "...the sidewalks on the following streets or any location...."
111
   Amended, Bill No. 990003 (approved December 31, 1999); amended, Bill No. 120614 (approved July 11, 2013).
112
   Amended, Bill No. 040271 (approved May 6, 2004).
113
   Amended, 1979 Ordinances, p. 147.
114
   Amended, Bill No. 110081 (approved June 8, 2011).
115
   Amended, Bill No. 010108 (approved April 18, 2001). A subsequent bill, Bill No. 010091, was approved November 15, 2001, but Bill No. 010091 amended this subsection as it existed prior to Bill No. 010108. Bill No. 010091 is thus omitted by the Code editor as being of no effect.
116
   Deleted, Bill No. 110081 (approved June 8, 2011). Section 2 of Bill No. 110081 instructed to renumber subsequent subsections; numbering retained at the discretion of the Code editor.
117
   Amended, 1977 Ordinances, p. 1061; amended, 1992 Ordinances, p. 753.
118
   Added, 1978 Ordinances, p. 66.
119
   Added, 1978 Ordinances, p. 66.
120
   Added, 1978 Ordinances, p. 66.
121
   Added, 1978 Ordinances, p. 66.
122
   Added, 1978 Ordinances, p. 66.
123
   Added, 1978 Ordinances, p. 67; amended, 1991 Ordinances, p. 314; deleted, Bill No. 110081 (approved June 8, 2011). Section 2 of Bill No. 110081 instructed to renumber subsequent subsections; numbering retained at the discretion of the Code editor.
124
   Added, 1978 Ordinances, p. 859.
125
   Added, 1978 Ordinances, p. 859.
126
   Added, 1978 Ordinances, p. 859.
127
   Added, 1978 Ordinances, p. 859.
128
   Added, 1978 Ordinances, p. 954; deleted, Bill No. 110081 (approved June 8, 2011). Section 2 of Bill No. 110081 instructed to renumber subsequent subsections; numbering retained at the discretion of the Code editor.
129
   Added, 1978 Ordinances, p. 820.
130
   Added, 1978 Ordinances, p. 1237; amended, 1983 Ordinances, p. 1457.
131
   Added, 1978 Ordinances, p. 1237.
132
   Added, 1978 Ordinances, p. 1237.
133
   Added, 1978 Ordinances, p. 1237; amended, 1983 Ordinances, p. 1457.
134
   Amended, 1986 Ordinances, p. 287.
135
   Added, 1978 Ordinances, p. 1331.
136
   Added, 1978 Ordinances, p. 1371.
137
   Added, 1978 Ordinances, p. 1513.
138
   Added, 1978 Ordinances, p. 1513.
139
   Added, 1979 Ordinances, p. 1725.
140
   Added, 1979 Ordinances, p. 1725.
141
   Added, 1979 Ordinances, p. 1725.
142
   Added, 1979 Ordinances, p. 1725.
143
   Added, 1979 Ordinances, p. 2170.
144
   Added, 1980 Ordinances, p. 67.
145
   Added, 1980 Ordinances, p. 67; amended, 1984 Ordinances, p. 980.
146
   Added, 1980 Ordinances, p. 67; amended, 1984 Ordinances, p. 980.
147
   Added, 1980 Ordinances, p. 67.
148
   Added, 1980 Ordinances, p. 684.
149
   Added, 1980 Ordinances, p. 684.
150
   Added, 1980 Ordinances, p. 852.
151
   Added, 1980 Ordinances, p. 852.
152
   Added, 1980 Ordinances, p. 852.
153
   Added, 1980 Ordinances, p. 852.
154
   Added, 1981 Ordinances, p. 75; deleted, Bill No. 110081 (approved June 8, 2011). Section 2 of Bill No. 110081 instructed to renumber subsequent subsections; numbering retained at the discretion of the Code editor.
155
   Added, 1981 Ordinances, p. 75; deleted, Bill No. 110081 (approved June 8, 2011). Section 2 of Bill No. 110081 instructed to renumber subsequent subsections; numbering retained at the discretion of the Code editor.
156
   Added, 1982 Ordinances, p. 805.
157
   Added, 1983 Ordinances, p. 46; amended, 1985 Ordinances, p. 92; amended, Bill No. 030250 (approved July 31, 2003); amended, Bill No. 190255-A (became law June 20, 2019). Section 2 of Bill No. 190255-A provides: "This Ordinance shall be effective immediately, provided that with respect to vending on Bustleton Avenue between Bleigh Avenue and Cottman Avenue, this Ordinance shall be effective October 1, 2019."
158
   Added, 1983 Ordinances, p. 1455.
159
   Added, 1983 Ordinances, p. 1455.
160
   Added, 1983 Ordinances, p. 1455.
161
   Added, 1983 Ordinances, p. 1455.
162
   Added, 1983 Ordinances, p. 1455.
163
   Added, 1983 Ordinances, p. 1457.
164
   Added, 1983 Ordinances, p. 1457.
165
   Added, 1983 Ordinances, p. 1476; amended, 1985 Ordinances, p. 466.
166
   Added, 1983 Ordinances, p. 1476.
167
   Added, 1984 Ordinances, p. 246; deleted, Bill No. 190255-A (became law June 20, 2019).
168
   Added, 1984 Ordinances, p. 624; deleted, Bill No. 190255-A (became law June 20, 2019).
169
   Added, 1984 Ordinances, p. 624; deleted, Bill No. 190255-A (became law June 20, 2019).
170
   Added, 1984 Ordinances, p. 724.
171
   Added, 1984 Ordinances, p. 732.
172
   Added, 1984 Ordinances, p. 732.
173
   Added, 1984 Ordinances, p. 732.
174
   Added, 1984 Ordinances, p. 732.
175
   Added, 1984 Ordinances, p. 732.
176
   Added, 1984 Ordinances, p. 979.
177
   Added, 1984 Ordinances, p. 979.
178
   Added, 1984 Ordinances, p. 980.
179
   Added, 1984 Ordinances, p. 980.
180
   Added, 1984 Ordinances, p. 982; deleted, Bill No. 190255-A (became law June 20, 2019).
181
   Added, 1984 Ordinances, p. 983.
182
   Added, 1984 Ordinances, p. 991; amended, 1985 Ordinances, p. 1272.
183
   Added, 1984 Ordinances, p. 1024.
184
   Added, 1984 Ordinances, p. 1024.
185
   Added, 1984 Ordinances, p. 1086.
186
   Added, 1985 Ordinances, p. 94; deleted, Bill No. 190255-A (became law June 20, 2019).
187
   Added, 1985 Ordinances, p. 94.
188
   Added, 1985 Ordinances, p. 94; deleted, Bill No. 190255-A (became law June 20, 2019).
189
   Added, 1985 Ordinances, p. 95.
190
   Added, 1985 Ordinances, p. 452.
191
   Added, 1985 Ordinances, p. 465.
192
   Added, 1985 Ordinances, p. 1119.
193
   Added, 1985 Ordinances, p. 1137.
194
   Added, 1985 Ordinances, p. 1138.
195
   Added, 1985 Ordinances, p. 1139.
196
   Added, 1985 Ordinances, p. 1140.
197
   Added, 1985 Ordinances, p. 1141.
198
   Added, 1985 Ordinances, p. 1142.
199
   Added, 1985 Ordinances, p. 1143.
200
   Added, 1985 Ordinances, p. 1279.
201
   Added, 1986 Ordinances, p. 16.
202
   Added, 1986 Ordinances, p. 35
203
   Added, 1986 Ordinances, p. 36.
204
   Added, 1986 Ordinances, p. 270.
205
   Added, 1986 Ordinances, p. 271.
206
   Added, 1986 Ordinances, p. 269.
207
   Added, 1986 Ordinances, p. 268.
208
   Added, 1986 Ordinances, p. 267.
209
   Added, 1986 Ordinances, p. 303.
210
   Added, 1986 Ordinances, p. 730; deleted, Bill No. 190255-A (became law June 20, 2019).
211
   Added, 1986 Ordinances, p. 730; deleted, Bill No. 190255-A (became law June 20, 2019).
212
   Added, 1986 Ordinances, p. 730; deleted, Bill No. 190255-A (became law June 20, 2019).
213
   Added, 1986 Ordinances, p. 736; deleted, Bill No. 190255-A (became law June 20, 2019).
214
   Added, 1986 Ordinances, p. 819.
215
   Added, 1986 Ordinances, p. 819.
216
   Added, 1986 Ordinances, p. 741.
217
   Added, 1986 Ordinances, p. 745.
218
   Added, 1986 Ordinances, p. 746; deleted, Bill No. 190255-A (became law June 20, 2019).
219
   Added, 1986 Ordinances, p. 827.
220
   Added, 1986 Ordinances, p. 830.
221
   Added, 1986 Ordinances, p. 830.
222
   Added, 1986 Ordinances, p. 838.
223
   Added, 1986 Ordinances, p. 838.
224
   Added, 1986 Ordinances, p. 838.
225
   Added, 1986 Ordinances, p. 838.
226
   Added, 1986 Ordinances, p. 838.
227
   Added, 1986 Ordinances, p. 838.
228
   Added, 1986 Ordinances, p. 838.
229
   Added, 1986 Ordinances, p. 838.
230
   Added, 1986 Ordinances, p. 838.
231
   Added, 1986 Ordinances, p. 838.
232
   Added, 1986 Ordinances, p. 838.
233
   Added, 1986 Ordinances, p. 868.
234
   Added, 1986 Ordinances, p. 996; deleted, Bill No. 190255-A (became law June 20, 2019).
235
   Added, 1986 Ordinances, p. 996.
236
   Added, 1987 Ordinances, p. 19.
237
   Added, 1987 Ordinances, p. 1.
238
   Added, 1987 Ordinances, p. 11.
239
   Added, 1987 Ordinances, p. 4.
240
   Added, 1987 Ordinances, p. 4.
241
   Added, 1987 Ordinances, p. 228.
242
   Added, 1987 Ordinances, p. 229.
243
   Added, 1987 Ordinances, p. 699.
244
   Added, 1987 Ordinances, p. 701; amended, 1988 Ordinances, p. 297.
245
   Added, 1987 Ordinances, p. 702.
246
   Added, 1987 Ordinances, p. 702.
247
   Added, 1987 Ordinances, p. 702.
248
   Added, 1987 Ordinances, p. 702.
249
   Added, 1987 Ordinances, p. 702.
250
   Added, 1987 Ordinances, p. 1172.
251
   Added, 1987 Ordinances, p. 1465.
252
   Added, 1987 Ordinances, p. 1465.
253
   Added, 1987 Ordinances, p. 1509.
254
   Added, 1987 Ordinances, p. 1467; deleted, Bill No. 190255-A (became law June 20, 2019).
255
   Added, 1988 Ordinances, p. 33.
256
   Added, 1988 Ordinances, p. 293.
257
   Added, 1988 Ordinances, p. 949.
258
   Added, 1988 Ordinances, p. 949.
259
   Added, 1989 Ordinances, p. 16.
260
   Added, 1989 Ordinances, p. 16.
261
   Added, 1989 Ordinances, p. 16.
262
   Added, 1989 Ordinances, p. 16.
263
   Added, 1989 Ordinances, p. 16.
264
   Added, 1989 Ordinances, p. 49.
265
   Added, 1989 Ordinances, p. 53.
266
   Added, 1989 Ordinances, p. 53.
267
   Added, 1989 Ordinances, p. 56.
268
   Added, 1989 Ordinances, p. 112.
269
   Added, 1989 Ordinances, p. 257; deleted, Bill No. 190255-A (became law June 20, 2019).
270
   Added, 1989 Ordinances, p. 265.
271
   Added, 1989 Ordinances, p. 1270; deleted, Bill No. 110081 (approved June 8, 2011). Section 2 of Bill No. 110081 instructed to renumber subsequent subsections; numbering retained at the discretion of the Code editor.
272
   Added, 1989 Ordinances, p. 1271.
273
   Added, 1989 Ordinances, p. 1372.
274
   Added, 1989 Ordinances, p. 2160; amended, Bill No. 080834 (approved December 22, 2008).
275
   Added, Bill No. 1122 (approved July 25, 1995), 1995 Ordinances, p. 1215. Former subsection (.b) added, Bill No. 1122 (approved July 25, 1995), 1995 Ordinances, p. 1215; subsection (.b) deleted , Bill No. 080834 (approved December 22, 2008).
276
   Added, 1989 Ordinances, p. 2184.
277
   Added, 1990 Ordinances, p. 9.
278
   Added, 1990 Ordinances, p. 9.
279
   Added, 1990 Ordinances, p. 9.
280
   Added, 1990 Ordinances, p. 9.
281
   Added, 1990 Ordinances, p. 9.
282
   Added, 1990 Ordinances, p. 9.
283
   Added, 1990 Ordinances, p. 67. Compare subsection (.117).
284
   Added, 1990 Ordinances, p. 67. Compare subsection (.117).
285
   Added, 1990 Ordinances, p. 152.
286
   Added, 1990 Ordinances, p. 230; deleted, Bill No. 190255-A (became law June 20, 2019).
287
   Added, 1990 Ordinances, p. 231; deleted, Bill No. 190255-A (became law June 20, 2019).
288
   Added, 1990 Ordinances, p. 232; deleted, Bill No. 190255-A (became law June 20, 2019).
289
   Added, 1990 Ordinances, p. 761.
290
   Added, 1990 Ordinances, p. 793.
291
   Added, 1990 Ordinances, p. 793.
292
   Added, 1990 Ordinances, p. 793.
293
   Added, 1990 Ordinances, p. 793.
294
   Added, 1990 Ordinances, p. 858.
295
   Added, 1990 Ordinances, p. 858.
296
   Added, 1990 Ordinances, p. 859; deleted, Bill No. 190255-A (became law June 20, 2019).
297
   Added, 1990 Ordinances, p. 884; deleted, Bill No. 190255-A (became law June 20, 2019).
298
   Added, 1990 Ordinances, p. 977.
299
   Added, 1990 Ordinances, p. 979; deleted, Bill No. 190255-A (became law June 20, 2019).
300
   Added, 1990 Ordinances, p. 1018; deleted, Bill No. 190255-A (became law June 20, 2019).
301
   Added, 1990 Ordinances, p. 1019; deleted, Bill No. 190255-A (became law June 20, 2019).
302
   Added, 1991 Ordinances, p. 163.
303
   Added, 1991 Ordinances, p. 186.
304
   Added, 1991 Ordinances, p. 832; deleted, Bill No. 190255-A (became law June 20, 2019).
305
   Added, 1991 Ordinances, p. 834.
306
   Added, 1991 Ordinances, p. 961.
307
   Added, 1991 Ordinances, p. 1365.
308
   Added, 1991 Ordinances, p. 1443.
309
   Added, 1991 Ordinances, p. 836.
310
   Added, 1991 Ordinances, p. 1445.
311
   Added, 1991 Ordinances, p. 1499.
312
   Added, 1992 Ordinances, p. 206.
313
   Added, 1992 Ordinances, p. 738.
314
   Added, 1992 Ordinances, p. 749.
315
   Added, 1992 Ordinances, p. 820.
316
   Added, 1993 Ordinances, p. 26.
317
   Added, 1993 Ordinances, p. 516; amended, Bill No. 960678 (approved February 7, 1997).
318
   Added, 1993 Ordinances, p. 1030.
319
   Added, 1993 Ordinances, p. 1030.
320
   Added, 1993 Ordinances, p. 1083.
321
   Added, 1993 Ordinances, p. 1083.
322
   Added, 1993 Ordinances, p. 1084.
323
   Added, 1993 Ordinances, p. 1084.
324
   Added, 1993 Ordinances, p. 1084.
325
   Added, 1993 Ordinances, p. 1084.
326
   Added, 1993 Ordinances, p. 1084.
327
   Added, 1993 Ordinances, p. 14.
328
   Added, 1994 Ordinances, p. 675.
329
   Added, 1994 Ordinances, p. 927.
330
   Added, 1994 Ordinances, p. 927.
331
   Added, 1994 Ordinances, p. 927.
332
   Added, 1994 Ordinances, p. 927.
333
   Added, 1994 Ordinances, p. 928.
334
   Added, 1994 Ordinances, p. 928.
335
   Added, 1994 Ordinances, p. 928.
336
   Added, Bill No. 836 (approved January 6, 1995), 1995 Ordinances, p. 2.
337
   Added, Bill No. 836 (approved January 6, 1995), 1995 Ordinances, p. 2.
338
   Added, Bill No. 729 (approved February 16, 1995), 1995 Ordinances, p. 49; deleted, Bill No. 190255-A (became law June 20, 2019).
339
   Added, Bill No. 915 (approved February 17, 1995), 1995 Ordinances, p. 108.
340
   Added, Bill No. 841 (approved July 24, 1995), 1995 Ordinances, p. 1129.
341
   Added, Bill No. 673 (approved July 25, 1995), 1995 Ordinances, p. 1078.
342
   Added, Bill No. 1139 (approved July 25, 1995), 1995 Ordinances, p. 1239.
343
   Added, Bill No. 1033 (approved July 29, 1995), 1995 Ordinances, p. 1142.
344
   Added, Bill No. 391 (approved December 12, 1995), 1995 Ordinances, p. 1301; amended, Bill No. 010068 (approved April 18, 2001).
345
   Added, Bill No. 842 (approved December 28, 1995), 1995 Ordinances, p. 1395.
346
   Added, Bill No. 972 (approved December 28, 1995), 1995 Ordinances, p. 1530.
347
   Added, Bill No. 1067 (approved December 28, 1995), 1995 Ordinances, p. 1531.
348
   Deleted, Bill No. 110081 (approved June 8, 2011). Section 2 of Bill No. 110081 instructed to renumber subsequent subsections; numbering retained at the discretion of the Code editor.
349
   Deleted, Bill No. 110081 (approved June 8, 2011). Section 2 of Bill No. 110081 instructed to renumber subsequent subsections; numbering retained at the discretion of the Code editor.
350
   Subsections (.274) through (.299) added, Bill No. 1153 (approved December 28, 1995), 1995 Ordinances, p. 1532.
351
   Added, Bill No. 1158 (approved December 28, 1995), 1995 Ordinances, p. 1403.
352
   Added, Bill No. 1179 (approved December 28, 1995), 1995 Ordinances, p. 1535; deleted, Bill No. 190255-A (became law June 20, 2019).
353
   Added, Bill No. 1197 (approved December 28, 1995), 1995 Ordinances, p. 1418.
354
   Added, Bill No. 1197 (approved December 28, 1995), 1995 Ordinances, p. 1418.
355
   Added, Bill No. 1226 (approved December 28, 1995), 1995 Ordinances, p. 1452.
356
   Added, Bill No. 1227 (approved December 28, 1995), 1995 Ordinances, p. 1549.
357
   Added, Bill No. 10 (approved July 5, 1996), 1996 Ordinances, p. 542.
358
   Added, Bill No. 75 (approved July 5, 1996), 1996 Ordinances, p. 484.
359
   Added, Bill No. 960329 (approved July 8, 1996), 1996 Ordinances, p. 686 (enrolled bill read "Landsowne avenue").
360
   Added, Bill No. 960597 (approved February 7, 1997).
361
   Added, Bill No. 960677 (approved February 7, 1997).
362
   Added, Bill No. 960700 (approved April 1, 1997).
363
   Added, Bill No. 960769 (approved June 25, 1997).
364
   Added, Bill No. 970332 (approved June 25, 1997); deleted, Bill No. 190255-A (became law June 20, 2019).
365
   Added, Bill No. 980174 (approved May 14, 1998).
366
   Added, Bill No. 980175 (approved May 14, 1998).
367
   Added, Bill No. 960517 (approved June 6, 1998); deleted, Bill No. 190255-A (became law June 20, 2019).
368
   Added, Bill No. 970550 (approved June 6, 1998).
369
   Added, Bill No. 970676 (approved June 6, 1998); amended, Bill No. 980721 (approved December 15, 1998).
370
   Added, Bill No. 980163 (approved June 6, 1998).
371
   Added, Bill No. 980164 (approved June 6, 1998).
372
   Added, Bill No. 980314 (approved June 23, 1998).
373
   Added, Bill No. 980121 (approved June 24, 1998).
374
   Added, Bill No. 980388 (approved June 25, 1998); deleted, Bill No. 190255-A (became law June 20, 2019).
375
   Added, Bill No. 980552 (approved December 30, 1998).
376
   Added, Bill No. 980640 (approved December 30, 1998)
377
   Added, Bill No. 980640 (approved December 30, 1998).
378
   Added, Bill No. 980645 (approved December 15, 1998); amended, Bill No. 010009 (approved April 18, 2001); amended, Bill No. 150074 (approved March 24, 2015); amended, Bill No. 190905 (approved December 30, 2019); deleted, Bill No. 230856 (approved December 20, 2023).
379
   Added, Bill No. 980655 (approved December 15, 1998); amended, Bill No. 190705 (approved October 23, 2019).
380
   Added, Bill No. 980890 (approved May 10, 1999). Enrolled bill read "Sisteenth street".
381
   Added, Bill No. 980890 (approved May 10, 1999).
382
   Added, Bill No. 990157 (approved May 10, 1999).
383
   Added, Bill No. 990182 (approved June 28, 1999).
384
   Added, Bill No. 990533 (approved December 21, 1999).
385
   Added, Bill No. 000162 (approved May 16, 2000).
386
   Added, Bill No. 000162 (approved May 16, 2000).
387
   Added, Bill No. 000162 (approved May 16, 2000).
388
   Added, Bill No. 000162 (approved May 16, 2000).
389
   Added, Bill No. 000162 (approved May 16, 2000).
390
   Added, Bill No. 000162 (approved May 16, 2000).
391
   Added, Bill No. 000162 (approved May 16, 2000).
392
   Added, Bill No. 000162 (approved May 16, 2000).
393
   Added, Bill No. 000162 (approved May 16, 2000).
394
   Added, Bill No. 000162 (approved May 16, 2000).
395
   Added, Bill No. 000162 (approved May 16, 2000).
396
   Added, Bill No. 000162 (approved May 16, 2000).
397
   Added, Bill No. 000401 (approved August 11, 2000); amended, Bill No. 010067 (approved April 18, 2001).
398
   Added, Bill No. 000770 (approved April 4, 2001).
399
   Added, Bill No. 010212 (approved June 14, 2001).
400
   Added, Bill No. 010212 (approved June 14, 2001).
401
   Added, Bill No. 010212 (approved June 14, 2001).
402
   Added, Bill No. 020496-A (approved February 26, 2003).
403
   Added, Bill No. 020496-A (approved February 26, 2003).
404
   Added, Bill No. 030333 (approved July 31, 2003).
405
   Added, Bill No. 030337 (approved July 31, 2003); amended, Bill No. 030671 (approved December 18, 2003); amended, Bill No. 110553 (approved October 19, 2011). Bill No. 110553 made no reference to the changes made by Bill No. 030671, so language has been conformed by Code editor.
406
   Added, Bill No. 030554 (became law December 4, 2003).
407
   Added, Bill No. 030554 (became law December 4, 2003).
408
   Added, Bill No. 030646 (became law December 4, 2003).
409
   Added, Bill No. 030646 (became law December 4, 2003).
410
   Added, Bill No. 030646 (became law December 4, 2003).
411
   Added, Bill No. 030646 (became law December 4, 2003).
412
   Added, Bill No. 020169 (approved May 15, 2002). Enrolled bill numbered this as subsection (.351); renumbered by Code editor because subsection (.351) already existed.
413
   Added, Bill No. 040006 (approved March 11, 2004).
414
   Added, Bill No. 040006 (approved March 11, 2004).
415
   Added, Bill No. 040006 (approved March 11, 2004).
416
   Added, Bill No. 040006 (approved March 11, 2004).
417
   Added, Bill No. 040067 (approved March 11, 2004).
418
   Added, Bill No. 040766 (approved October 27, 2004).
419
   Added, Bill No. 040866 (approved January 25, 2005); amended, Bill No. 190939 (approved December 30, 2019).
420
   Added, Bill No. 040364 (approved June 21, 2004).
421
   Added, Bill No. 040364 (approved June 21, 2004).
422
   Added, Bill No. 040364 (approved June 21, 2004).
423
   Added, Bill No. 040364 (approved June 21, 2004).
424
   Added, Bill No. 040364 (approved June 21, 2004).
425
   Added, Bill No. 060057 (approved April 20, 2006); amended, Bill No. 190782 (approved December 4, 2019).
426
   Added, Bill No. 060800 (approved January 23, 2007).
427
   Added, Bill No. 060800 (approved January 23, 2007); amended, Bill No. 150860 (approved December 23, 2015).
428
   Added, Bill No. 070866 (approved November 29, 2007).
429
   Added, Bill No. 070958 (approved December 13, 2007).
430
   Added, Bill No. 080086 (approved March 26, 2008).
431
   Added, Bill No. 080654 (approved November 19, 2008).
432
   Added, Bill No. 090406 (approved June 24, 2009).
433
   Added, Bill No. 090406 (approved June 24, 2009).
434
   Added, Bill No. 090406 (approved June 24, 2009).
435
   Added, Bill No. 090406 (approved June 24, 2009).
436
   Added, Bill No. 090666 (approved November 4, 2009).
437
   Added, Bill No. 090877 (approved January 13, 2010).
438
   Added, Bill No. 100310 (approved June 23, 2010).
439
   Added, Bill No. 100757 (approved January 5, 2011).
440
   Added, Bill No. 100783 (approved June 8, 2011); amended, Bill No. 190255-A (became law June 20, 2019).
441
   Added, Bill No. 160405 (approved June 28, 2016).
442
   Added, Bill No. 160405 (approved June 28, 2016).
443
   Added, Bill No. 160405 (approved June 28, 2016).
444
   Added, Bill No. 160405 (approved June 28, 2016).
445
   Added, Bill No. 160404 (approved June 28, 2016).
446
   Added, Bill No. 160948 (approved December 20, 2016).
447
   Added, Bill No. 170014 (approved April 17, 2017).
448
   Added, Bill No. 171013 (approved January 3, 2018).
449
   Added, Bill No. 180102 (approved May 2, 2018).
450
   Added, Bill No. 180866 (approved December 11, 2018).
451
   Added, Bill No. 181061 (approved April 10, 2019); amended, Bill No. 200087 (approved March 11, 2020).
452
   Added, Bill No. 181061 (approved April 10, 2019); amended, Bill No. 200087 (approved March 11, 2020).
453
   Added, Bill No. 181061 (approved April 10, 2019). Enrolled bill numbered this as (.399); renumbered by Code editor. Amended, Bill No. 200087 (approved March 11, 2020).
454
   Added, Bill No. 190209 (approved June 5, 2019). Enrolled bill numbered this as (.400); renumbered by Code editor.
455
   Added, 1989 Ordinances, p. 2180.
456
   Added, Bill No. 960085-A (approved December 21, 1999); amended, Bill No. 181004 (approved June 26, 2019).
457
   Added, Bill No. 181004 (approved June 26, 2019).
458
   Amended, Bill No. 758 (approved July 24, 1995), 1995 Ordinances, p. 1081.
§ 9-206. Sidewalk Vendors in Neighborhood Business Districts. 459
   (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;
      (d)   Sidewalk vending in Center City, which is regulated pursuant to Section 9-204 or sidewalk vending outside of a Neighborhood Business District, which is regulated pursuant to Section 9-205;
      (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.
   (5)   License Issuance and Renewal. Licenses shall be issued and renewed, and fees shall be paid, in accordance with subsection 9-203(3) or regulations established by the Department. 463
      (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).
      (e)   Stands from which food or beverages are sold must also be in compliance with all applicable provisions of the Health and Fire Codes, including but not limited to Section 6-301 of the Health Code ("Food Safety Certification"). 464
   (9)   Prohibited Conduct. No vendor or person shall:  465
      (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;
      (f)   violate the provisions of subsection 9-205(8)(r), relating to the Pennsylvania Trademark Act or non-conforming recording devices; and any violations shall be subject to the enforcement provisions of subsection 9-205(8)(r), in addition to any other enforcement provisions provided by law. 467
   (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.
         (.1)   Within the University City District a combined one hundred (100) locations, including locations for both 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.
         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;
               (iv)   conduct 470 licensed operations between the hours of 10:00 p.m. and 6:00 a.m.;
               (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.
            (.j)   Street vendors assigned to locations in the University City District shall pay, in addition to the license and renewal fee imposed under subsection 9-206(5), an annual fee of three thousand dollars ($3,000). 471
      (c)   North Front Street. 472
         (.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.
      (d)   52nd Street Business District for Sidewalk Vending. 473
         (.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.
      (e)   Morris street. 474
         (.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.
      (g)   Oregon Avenue Business Corridor District. 476
         (.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.
      (h)   Woodland Avenue Business District for Sidewalk Vending. 477
         (.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.
         (.4)   In addition to any restrictions provided in this Section 9-206 (which shall be superseded by any conflicting provisions of this subsection 9-206(10)(h)(.4)), no Vendor shall:
            (.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.
      (i)   Temple University District. 478
         (.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.
      (j)   North 20th Street. 479
         (.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.
         (.7)   Vending other than by sidewalk vendors permitted under this subsection 9-206(10)(j), or by street vendors permitted under subsection 9-203(8.1), is prohibited within the special district.
      (k)   Northeast District for Sidewalk Vending.  480
         (.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.
      (b)   This Section supersedes any prohibitions against street or sidewalk vending set forth in Section 9-205 that are inconsistent with the permitted vending blockfaces and vendor sites specified herein. 482

 

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
   Amended, Bill No. 080853 (approved December 8, 2008); amended, Bill No. 170164 (approved April 4, 2017).
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
   Added, Bill No. 090569 (approved November 4, 2009); amended, Bill No. 090875 (approved December 23, 2009).
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.
§ 9-207. Motor Vehicle Repair, Sale or Temporary Placement on City Streets. 483
   (1)   Prohibitive Conduct. No person who owns, operates or controls or who is employed in the business of repairing motor vehicles shall use any portion of City sidewalks or streets, including parking spaces, for the repair, sale or temporary placement of motor vehicles. The prohibitions of this Section apply whether or not the person engaged in such conduct is lawfully authorized or licensed to repair vehicles.
   (2)   Exemptions. The provisions of this Section shall not apply to emergency road service performed more than 500 feet from premises used for the repair of motor vehicles.
   (3)   Penalty. The penalty for violation of this Section shall be a fine of three hundred dollars ($300) per vehicle, per day, plus costs.

 

Notes

483
   Added, 1963 Ordinances, p. 1102; amended, Bill No. 758 (approved July 24, 1995), 1995 Ordinances, p. 1081; Caption and Section amended, Bill No. 210672 (approved January 18, 2022).
§ 9-208. Sidewalk Cafés. 484
   (1)   Definitions.
      (a)   Establishment. Any place or premises, whether public or private, where any person conducting any enterprise, occupation, vocation or business, whether or not for profit and whether temporarily or permanently located.
      (b)   Food. Every substance intended for human consumption, whether in solid or liquid form, excluding any substance the sale of which is regulated by the Pennsylvania Liquor Control Board.
      (c)   Restaurant. Any establishment where food is handled or sold, provided that said establishment is located in a permanent structure.
      (d)   Sidewalk Café. An open-air space on the public sidewalk directly abutting, adjacent and contiguous to a restaurant or any premises licensed by the Pennsylvania Liquor Control Board, pursuant to regulations (40 Pa. Code Chapter 7, Subchapter B, § 7.21) of the Board, to conduct business on the above-mentioned premises, where food is served at tables and chairs. 485
      (e)   Outdoor Entertainment. Entertainment, including but not limited to, music, television, and performances that are provided by a business with a sidewalk café permit, streetery, temporary street closure, or temporary lot closure for their patrons outside. Outdoor Entertainment shall exclude adult cabarets.  486
   (2)   Location. Notwithstanding any provision of Section 9-205, a sidewalk café may be maintained (i) within the area bounded by the Delaware River, the south houseline of South street, the center line of Third street, the south houseline of Bainbridge street, the Schuylkill River and the north houseline of Fairmount avenue; (ii) on Broad street, between Bainbridge street and the north houseline of Washington avenue; (iii) within the area bounded by the south side of Shurs lane to the north side of Green lane and the east side of Cresson street to the Schuylkill River; (iv) on East Passyunk avenue, both sides, between Broad street and Federal street; (v) on Ninth street, both sides, between Christian street and Federal street; (vi) on Germantown avenue, both sides, from Washington lane to Creshiem Valley road; (vii) on Germantown avenue, both sides, from Creshiem Valley road to Rex avenue; (viii) on Bethlehem pike, both sides, from Germantown avenue to Newtown street; (ix) on Ridge avenue, both sides, from Rochelle avenue to Domino lane; (x) on Frankford avenue, both sides, from Harbison avenue to Sheffield avenue; (xi) on Cottman avenue, both sides, from Erdrick street to Leon street; (xii) on Ryan avenue, both sides, from Frankford avenue to Leon street; (xiii) on Robbins street, both sides, from Frankford avenue to Mulberry street; (xiv) on Sackett street, both sides, from Frankford avenue to Levick street; (xv) within the area bounded by the west side of Frankford avenue, the north side of Levick street, the east side of Hawthorne street and the south side of Hellerman street; (xvi) on Torresdale avenue, both sides, from Knorr street to Tyson avenue; (xvii) on Princeton avenue, both sides, from Marsden street to Tulip street; (xviii) within the area bounded by the east side of Roosevelt boulevard, the south side of Saint Vincent street, the west side of Brous avenue, and the north side of Tyson avenue; (xix) on Cottman avenue, both sides, from Roosevelt boulevard to Brous avenue; and (xx) on the south side of Cottman avenue, from to Brous avenue to Barnard avenue; provided that the conditions of this Section are complied with. 487
   (3)   License, Indemnification and Other Conditions. 488 No person shall erect, construct or maintain a sidewalk café, either where permitted by subsection (2) or where permitted pursuant to special ordinance, unless he has obtained a sidewalk café license from the Department of Licenses and Inspections. No license shall be issued unless:
      (a)   Such person submits the materials required pursuant to subsection (4) to the Department and the Department determines that the location at which the sidewalk café is proposed is a permitted location, either pursuant to this Section or pursuant to special ordinance, and determines that the restaurant to which the proposed sidewalk café is accessory has all other necessary licenses and permits;
      (b)   The Department of Streets has determined, and advises the Department of Licenses and Inspections, that the proposed café meets the placement requirements of subsection (6);
      (c)   The licensee agrees in writing, in a form satisfactory to the City Solicitor, to remove the sidewalk café after written notice has been given by the Department of Licenses and Inspections that either:
         (.1)   the Department of Streets has determined that the sidewalk café no longer meets the placement requirements of subsection (6); the sidewalk café must be removed to accommodate a municipal or municipally sponsored public project; or the Streets Department has granted a temporary permit to close the sidewalk; or
         (.2)   the Department of Licenses and Inspections has determined that the sidewalk café is no longer being used as such; the restaurant to which the café is accessory has been temporarily or permanently closed for violation of any City, state or federal law and/or regulation; or the sidewalk café is being operated in violation of any ordinance, rule or regulation of the City of Philadelphia;
      (d)   The licensee agrees in writing in form satisfactory to the City Solicitor to indemnify and hold harmless the City, its officers, employees and agents from and against any and all loss resulting from injury to, or death to persons or damage to property arising out of, resulting from, or in any manner caused by the presence, location, use, operation, installation, maintenance, replacement or removal of, such sidewalk café, or by the acts or omissions of the employees or agents of the licensee in connection with such café. The licensee shall also agree to release the City from any and all claims relating to its sidewalk café, including, but not limited to, loss of business and/or value of the sidewalk café when it is ordered removed or when street, sidewalk or utility construction occurs;
      (e)   The licensee agrees in writing in form satisfactory to the City Solicitor to obtain and maintain in full force and effect, at the licensee's own expense, an insurance policy naming the City of Philadelphia as an additional insured. The policy shall afford comprehensive general liability insurance including contractual liability insurance covering the licensee's indemnification and hold harmless obligations under subsection (d) above and shall provide that the Law Department be notified upon the expiration of coverage in the event the policy is cancelled or the applicant fails to renew the café license. Within ten (10) days of the approval of the sidewalk café license application, and each year thereafter, the licensee shall submit a certificate of insurance in accordance with the agreement and maintain a copy on the premises for review;
      (f)   The licensee obtains a bond with corporate surety in amount approved by the Streets Department and in form satisfactory to the Law Department to cover indemnification of the City for the cost of removal of any part of the sidewalk café, restoration of the public right-of-way, and all incidental costs; and
      (g)   The licensee pays an annual fee of one hundred eighty dollars ($180). Such fee shall be in addition to any fees for other permits and licenses necessary for the operation of the restaurant to which the sidewalk café is accessory. All sidewalk café licenses shall be issued for a one-year period established by the Department of Licenses and Inspections. 489
   (4)   License Applications. 490
      (a)   Applications for sidewalk café licenses shall be made on forms provided by the Department of Licenses and Inspections. Applicants must submit the following with the application:
         (.1)   The name of the applicant, the relationship of the applicant to the restaurant to which the café is accessory (owner, manager, etc.) and the street address of the property where the sidewalk café is proposed. If the applicant is other than the owner of the building abutting the location of the proposed sidewalk café, the applicant must provide written authorization from the property owner stating that the property owner has no objection to the sidewalk café;
         (.2)   Four copies of a plan drawn to minimum scale of 1/4" = 1' showing:
            (.a)   Dimensions of the proposed sidewalk café boundaries, including the building line of the existing building;
            (.b)   Existing sidewalk widths;
            (.c)   The location of all transit stops within fifteen (15) feet of the property line and its abutting sidewalk; and
            (.d)   All sidewalk obstructions, including, but not limited to: poles, parking meters, telephone stands, trees, cellar doors, etc. within ten (10) feet of the outer edge of the proposed sidewalk café;
         (.3)   Three color photographs, at least 5" x 7", showing the complete area of the building facade. This will necessitate three different photo angles;c
         (.4)   A non-refundable application fee of one hundred eighty dollars ($180). When a license is granted, the application fee shall be credited towards the first year's license fee. 491
      (b)   The applicant shall be provided with the current form of the written agreements required pursuant to subsection (4) at the time the application is made.
      (c)   Approval or disapproval of a license to operate a sidewalk café must be issued within thirty (30) days after the applicant complies with all the requirements as set forth in this Section.
      (d)   A recipient of a Sidewalk Café permit, or a recipient of a streetery permit or temporary street closure permit, pursuant to regulations, shall be eligible to provide Outdoor Entertainment until December 31, 2021, so long as all other provisions of the Philadelphia Code are adhered to, including the following:  492
         (.1)   This provision shall apply retroactively to any applicant that had prior approval for a sidewalk café permit, streetery-street closure, or temporary lot closure.
         (.2)   Permittees must notify the City, through the streetery@phila.gov email address, that an Outdoor Entertainment performance is scheduled seventy-two (72) hours in advance of the Outdoor Entertainment performance taking place. The Streets Department may, by regulation, extend the notification requirement for significant geographic areas of the City when there is a determination that a longer notification period is necessary to ensure that the health and public safety of this significant geographic area of the City is sufficiently considered and addressed. In this notification, permittees must certify that:
            (.a)   they have read, understand, and will comply with the City's COVID safety guidelines relating to entertainment, dining, and leisure, and;
            (.b)   they will comply with any regulations promulgated by the City pursuant to this legislation.
         (.3)   Performers must wear a face mask at all times during an Outdoor Entertainment performance unless:
            (.a)   all performers stand more than twenty (20) feet from members of the public; or
            (.b)   performers perform behind a plexiglass barrier that will sufficiently prevent respiratory droplets from travelling from any performer to a member of the public.
         (.4)   All equipment must be removed at the conclusion of each Outdoor Entertainment performance.
         (.5)   A permittee that receives more than one violation notice for failure to maintain an Americans with Disabilities Act-compliant pedestrian path, shall be prohibited from providing Outdoor Entertainment.
         (.6)   There shall be no more than two (2) Outdoor Entertainment performances per City block, at any given time.
         (.7)   Until June 15, 2021, Outdoor Entertainment performances shall require a footway closure permit from the Streets Department, issued at the discretion of the Streets Commissioner.
         (.8)   After June 15, 2021, Outdoor Entertainment performances shall no longer require a footway closure permit from the Streets Department, however, the City reserves the right to deny the right to conduct Outdoor Entertainment performances on the basis of right-of- way conflicts, public safety concerns, history of violations, or history of complaints. Such denials will be provided in writing with the cause identified.
         (.9)   The Streets Department may, by regulation, restrict the hours that Outdoor Entertainment performances may occur for significant geographic areas of the City when there is a determination that shorter Outdoor Entertainment performance hours are necessary to ensure that the health and public safety of this significant geographic area of the City is sufficiently considered and addressed.
   (5)   Posting Requirement. 493
      (a)   Within five (5) days of the filing of an initial application for a sidewalk café license, the applicant shall give public notice of the application by posting at a conspicuous location in the front window or on the front door of the restaurant to which the sidewalk café will be accessory a form approved by the Streets Department. The applicant is responsible for assuring that such notice is posted continuously for a minimum of ten (10) consecutive days, and no license shall issue prior to the completion of at least ten (10) days of public notice.
   (6)   Placement Requirements. 494
      (a)   All parts of a sidewalk café shall be easily removable.
      (b)   On streets with a confirmed sidewalk width of thirteen (13) feet or less, at least five (5) feet of clear sidewalk space shall be maintained at all times to provide pedestrian access. On streets with a confirmed sidewalk width of more than thirteen (13) feet, at least one-half the confirmed sidewalk width shall be maintained at all times to provide pedestrian access.
      (c)   The clear sidewalk space shall be measured from the curb line, or, if closer to the sidewalk café, from the nearest obstruction on a line parallel to the curb line, to the outside edge of any chair, table or collapsible railing as shown on the plans approved by the Department of Streets. For the purpose of determining clear sidewalk space, trees, steps, street light poles, sign poles, fire hydrants, parking meters, or other objects located on the sidewalk surface shall be considered as obstructions.
      (d)   Ventilation grates cannot be covered and cannot be included as clear sidewalk space.
      (e)   The licensee shall be responsible for keeping all visitors, patrons, employees, and café fixtures, including, without limitation, tables, chairs, and heaters, from occupying or encroaching into the required clear sidewalk space.
      (f)   Sidewalk cafés located at street intersections shall provide corner clearance by providing a ten (10) foot clear space from the point of tangency of the curb line.
      (g)   No part of the sidewalk café shall be within fifteen (15) feet of a transit stop.
      (h)   The sidewalk café shall be at the same elevation as the existing sidewalk surface.
      (i)   The required clear egress space shall be maintained between the exit door(s) of the structure and the clear sidewalk space.
      (j)   The placement or maintenance of a sidewalk café shall not impede or endanger pedestrian travel, or obstruct or interfere with the installation or maintenance of underground utilities.
      (k)   Collapsible or removable handrails shall only be permitted where the ground receptacle can be capped. The anchors for such handrails cannot exceed a depth below grade of the sidewalk of four (4) inches. The collapsible or removable handrails shall be removed during periods of the year when the sidewalk café is not in use. The Department of Streets may require an applicant to maintain removable or collapsible handrails or guards when it determines handrails or guards are necessary to prevent encroachment into the clear sidewalk area that is required pursuant to this Section.
      (l)   Provided that the clear sidewalk space is maintained as otherwise required in this subsection, an applicant may also occupy an area adjacent to the curb line after 7:00 p.m., provided that the following conditions are met:
         (.1) the café must be located adjacent to a traffic lane regulated for use only for parking and/or loading (i.e. the lane cannot be a traffic lane after 7:00 p.m.);
         (.2) only movable tables and/or chairs shall be permitted and must be placed at least one and one-half (1.5) feet from the curb line;
         (.3) chairs must be placed in positions parallel to the curb line; and
         (.4) the minimum clear sidewalk space required pursuant to this subsection must be maintained at all times except employees of the licensee are permitted to serve tables at the curb lines of cafés in compliance with other provisions of this subsection.
   (7)   Maintenance of Sidewalk Cafés. 495
      (a)   Licensee shall maintain the sidewalk café in accordance with all City, state and federal laws, as well as any rules and regulations which pertain to the use of the sidewalk café including, but not limited to, any and all City Code rules and regulations as may be required by the Department of Fire, Police, Health, Streets and Licenses and Inspections.
      (b)   All food served from sidewalk cafés in the following locations shall be served on non-disposable containers, and no sidewalk café shall be maintained in the following locations unless such café is directly abutting a restaurant where more than twenty-five percent (25%) of the interior gross floor area is used for seating:
         (.1)   Chestnut street from Broad street to Eighteenth street; and
         (.2)   Walnut street from Broad street to Eighteenth street.
      (c)   The issuance of a license pursuant to this Section does not permit any conduct otherwise prohibited by this Code, including otherwise prohibited outdoor cooking and outdoor storage of flammable materials. 496
      (d)   A license granted pursuant to this Section does not create any vested property right in the sidewalk area to which the license applies. 497
      (e)   No sidewalk café, located within the following area, shall be operated or maintained between the hours of 12 midnight and 8 a.m.: 498
         (.1)   the area bounded by the south side of Shurs lane to the north side of Green lane and the east side of Cresson street to the Schuylkill River.
   (8)   Remedies. 499
      (a)   Any officer authorized to enforce this Code shall, upon making a determination that the owner or operator of a sidewalk café is in violation of this Section or a sidewalk café license, provide the owner or operator a violation notice.
      (b)   Such notice shall specify whether the placement of the sidewalk café must be modified to come into compliance with this Section or whether the sidewalk café must be entirely removed and shall provide a time in which compliance is required.
      (c)   If the owner or operator fails to comply as directed in the notice, the City may institute court proceedings either for collection of penalties as provided in this Section or seeking a court order to force compliance or both.
      (d)   If the owner or operator of the restaurant fails to comply as directed in the notice, or fails to comply with his or her written agreements under subsection (4), the Department of Licenses and Inspections is authorized to abate the violation, including by removing furniture or other property from the sidewalk, by itself or by contract, and restoring the sidewalk to its original condition. The Department of Licenses and Inspections shall be further authorized to charge the costs of such removal and restoration, including administrative costs, to the violator and the Law Department may take action to collect such costs by lien or any other method. If removed property is not claimed in writing within thirty (30) days, the City is authorized to dispose of said property.
      (e)   Penalties. 500 The penalty for violation of this Section or any condition of a license or of a regulation issued pursuant to this Section shall be a fine not exceeding three hundred dollars ($300) per day.
      (f)   Repeat Offenders. 501 Any person who commits, on more than one occasion, a violation of this Section or any condition of a license or of a regulation issued pursuant to this Section, shall be guilty of a separate offense of Repeat Violation, and for each such Repeat Violation, shall be subject to a fine of not more than three hundred dollars ($300), or imprisonment for not more than ninety (90) days, or both. A person shall be guilty of a Repeat Violation regardless whether the second or subsequent violation occurs before or after a judicial finding of a first or previous violation. Each violation, after the first, shall constitute a separate Repeat Violation offense.
   (9)   The Department of Streets and the Department of Licenses and Inspections may issue whatever rules or regulations they deem necessary or desirable to effectuate the purposes of this Section. With respect to rules or regulations as to the extent of encroachments upon and obstructions of the streets, for the protection or facilitation of pedestrian traffic, such rules or regulations shall not permit encroachments upon or obstructions of the streets greater than those specified in Title 11 of The Philadelphia Code. 502
   (10)   Special Provisions for Existing Sidewalk Cafés and Pending Sidewalk Café Applicants. 503 The following special provisions shall apply only within the First and Fourth Councilmanic Districts:
      (a)   Any sidewalk café operating under the provisions of a license granted before the date Bill No. 030254-A became law may continue to operate under the provisions of that license for the remaining term of that license. Renewal of licenses for such sidewalk cafés will be governed by the provisions of this Section as amended by Bill No. 030254-A, except that no such sidewalk café shall be denied renewal because it fails to meet the "clear sidewalk space" requirements of subsection (6). Any such sidewalk café that does not meet the "clear sidewalk space" requirement must continue to operate in accordance with the plan submitted when the sidewalk café was licensed prior to the date Bill No. 030254-A became law, and if such a sidewalk café wishes to operate in accordance with a different plan, such plan must be approved in accordance with all provisions of this Section, including the "clear sidewalk space" requirements of subsection (6).
      (b)   If a special ordinance authorizing a sidewalk café was passed by Council before the date Bill No. 030254-A became law, but a license had not yet been issued for such sidewalk café as of such date, such sidewalk café shall be licensed under the provisions of this Section as it existed prior to the amendments set forth in Bill No. 030254-A. Once such license is issued, the provisions of subsection (10)(a) shall apply to such sidewalk café.
   (11)   Special Provisions Within the Italian Market. 504
      (a)   A sidewalk café on Ninth Street, between Christian Street and Federal Street, may be located entirely or partially within an available space in which a curb market cart may be located under Section 9-201. Subsection 9-208(6)(h), which requires a sidewalk café to be at the same elevation as the sidewalk, shall not apply to such sidewalk cafés, but all other provisions of this Section shall apply.

 

Notes

484
   Added, 1979 Ordinances, p. 416.
485
   Amended, Bill No. 030254-A (approved July 31, 2003).
486
   Added, Bill No. 210135-AA (approved May 11, 2021).
487
   Amended, 1980 Ordinances, p. 805; amended, 1993 Ordinances, p. 1156; amended, Bill No. 990726 (approved December 31, 1999); amended, Bill No. 000065 (approved March 21, 2001); amended, Bill No. 040783 (approved October 27, 2004); amended, Bill No. 070369 (approved July 31, 2007); amended, Bill No. 070682 (approved November 29, 2007); amended, Bill No. 070945 (approved December 13, 2007); amended, Bill No. 090387 (approved June 19, 2009); amended, Bill No. 180171 (approved June 6, 2018); amended, Bill No. 230307 (approved August 23, 2023); amended, Bill No. 230625 (approved November 13, 2023).
488
   Amended, 1993 Ordinances, p. 1086; former subsection (3) deleted, former subsection (4) renumbered and amended, Bill No. 030254-A (approved July 31 2003).
489
   Amended, Bill No. 090777-A (approved February 17, 2010).
490
   Added, Bill No. 030254-A (approved July 31, 2003).
491
   Amended, Bill No. 090777-A (approved February 17, 2010).
492
   Added, Bill No. 210135-AA (approved May 11, 2021).
493
   Added, Bill No. 030254-A (approved July 31, 2003).
494
   Added, and former subsection (6) deleted, Bill No. 030254-A (approved July 31, 2003).
495
   Amended, Bill No. 000026 (approved March 28, 2000); former subsection (7) deleted, former subsection (5) renumbered, Bill No. 030254-A (approved July 31, 2003).
496
   Added, Bill No. 030254-A (approved July 31, 2003).
497
   Added, Bill No. 030254-A (approved July 31, 2003).
498
   Added, Bill No. 070694 (approved November 29, 2007).
499
   Added, and former subsection (8) deleted, Bill No. 030254-A (approved July 31, 2003).
500
   Amended, Bill No. 758 (approved July 24, 1995), 1995 Ordinances, p. 1081; Bill No. 030254-A (approved July 31, 2003).
501
   Added, Bill No. 758 (approved July 24, 1995), 1995 Ordinances, p. 1081; Bill No. 030254-A (approved July 31, 2003).
502
   Added, Bill No. 030254-A (approved July 31, 2003).
503
   Added, Bill No. 030254-A (approved July 31, 2003).
504
   Added, Bill No. 090746 (approved July 5, 2011).
§ 9-209. Small Vehicle Sharing Businesses. 505
   (1)   Definitions. In this Section, the following definitions shall apply:
      (a)   Small Vehicle means a bicycle, scooter or skateboard, whether or not powered in any part by a motor; any electric vehicle intended for single-person use; or such other similar vehicles as may be defined by regulation. A Small Vehicle does not include a vehicle that must by law be registered with the Commonwealth of Pennsylvania Department of Transportation.
      (b)   Small Vehicle Sharing Business. The business of making Small Vehicles available for rental to the public at multiple locations, including the public right-of-way, in which the business does not require that the vehicle be returned after use: to the location from where the vehicle was taken; to a supervised location; to a location on private property; or to a docking station.
   (2)   No person or entity shall operate a Small Vehicle Sharing Business except pursuant to a license issued by the City. A license to operate such a business shall be issued upon:
      (a)   Completion of such application as required by the Department of Licenses and Inspections, setting forth such information as may be required to determine qualification under any standards and requirements as may be established pursuant to this Section;
      (b)   Determination by the Department, in consultation with the Department of Streets, that the applicant's proposal meets such standards and requirements; and
      (c)   Payment of such fee as may be established by regulation to recover the costs of administration of the program. Payment of such fee shall not be exclusive of any amount the City may charge for the use of City-owned property in connection with a licensed operation.
   (3)   The Department of Streets may, by regulation, establish standards and requirements for safe and responsible operation deemed necessary for reasonable management of the public right-of-way, which regulations may include:
      (a)   standards for safety of equipment, responsible operation and aesthetics;
      (b)   requirements to remove or promptly repair any vehicle determined by the City to present an impermissible risk to health or safety;
      (c)   standards designed to promote compliance with the vehicle parking requirements of Title 12 of The Philadelphia Code ("Traffic Code"), including the establishment of particularized penalties in connection with vehicles used in the program;
      (d)   requirements regarding notification of customers regarding legal or other requirements applicable to use of vehicles under the program;
      (e)   standards regarding the size and scope of operation of a particular business;
      (f)   standards regarding the area of service of a particular business;
      (g)   requirements to label vehicles with identifying information;
      (h)   requirements regarding insurance, security and indemnification of the City;
      (i)   requirements regarding the regular provision of information to the City regarding vehicles used by the business, such as usage rates and vehicle condition;
      (j)   a requirement to enter into an agreement with the Department of Streets with respect to any aspect of the program;
      (k)   requirements regarding the total number of vehicles permitted in the City, or in any area of the City, under the program;
      (l)   requirements regarding the total number of businesses that may be licensed under this program at any one time;
      (m)   standards for the suspension and revocation of license; and
      (n)   such other standards or requirements as may be necessary for safe and reasonable management of the right-of-way.

 

Notes

505
   Source: 1940 Ordinances, p. 152; amended, 1959 Ordinances, p. 490; amended by renumbering former Section 9-204, 1990 Ordinances, p. 985; repealed, 1993 Ordinances, p. 123; added, Bill No. 180429 (approved July 10, 2018). Section 2 of Bill No. 180429 provides: "This Ordinance shall be effective immediately, provided that no license shall be issued under Section 9-209 of the Code until implementing regulations have been adopted."
§ 9-210. Reserved. 506

 

Notes

506
   Added, 1960 Ordinances, p. 88; renumbered from Section 9-206, 1994 Ordinances, p. 734; repealed, Bill No. 090777-A (approved February 17, 2010).
§ 9-211. Boxes for the Distribution of News and Printed Material. 507
   (1)   Program Area. 508 The provisions of this Section shall only apply to the public sidewalks: (a) within the area bounded by and including the south side of Bainbridge street, the east side of Columbus boulevard, the north side of Vine street and the west side of the Schuylkill River; (b) on the entire length of the Benjamin Franklin parkway; (c) on the 1700 block of Cottman avenue; (d) on Frankford avenue from the 5900 block to the 7600 block, inclusive; (e) on Torresdale avenue from the 5000 block to the 7600 block, inclusive; (f) within the Manayunk Area, defined as the area bounded by and including the Schuylkill River, the Wissahickon Creek between the Schuylkill River and the SEPTA Norristown Railroad line, the SEPTA Norristown Railroad line between the Wissahickon Creek and Cresson street, Cresson street, Baker street and Leverington avenue extended to the Schuylkill River; and (g) within the Northern Liberties Area, defined as the area bounded by and including the south side of Spring Garden street, the west side of N. 6th street, the north side of Girard avenue and the east side of Front street.
   (2)   Definitions. In this Section, the following definitions apply:
      (a)   Publishers' Box. A machine or other enclosed box used for distributing newspapers or other printed material while offering or displaying the material for sale or free distribution and capable of operation by pedestrians without the assistance of an attendant.
      (b)   Infrequent Publishers' Box. A publishers' box displaying or offering for sale or distribution a publication or other printed material that is published or distributed less frequently than once every seven days.
      (c)   Publishers' Box Corral. Any device which has been sanctioned by the Department of Licenses and Inspections and which is designed to group publishers' boxes in stable clusters.
   (3)   Specifications for Publishers' Boxes.
      (a)   Physical requirements. No person shall place, maintain or operate a publishers' box on the public sidewalk unless such publishers' box is in compliance with the following specifications for street-worthiness:
         (.1)   The publishers' box shall have a height of no less than 36 inches and no more than 52 inches; a width of no less than 15 inches and no more than 25 inches; and a depth of no less than 15 inches and no more than 21 inches.
         (.2)   The publishers' box shall be manufactured from 20-gauge zinc grip steel or thicker.
         (.3)   All hinge rods and springs on the box shall be made from steel.
         (.4)   Coin mechanisms, if any, shall be housed in the body of the publishers' box or in armored heads made from 12-gauge steel welded to the body of the publishers' box.
         (.5)   The publishers' box shall weigh no less than eighty (80) pounds, when empty of publications.
         (.6)   The publishers' box shall be manufactured from materials that permit easy removal or repair of rust, graffiti, glue and other signs of outdoor abuse, exposure or wear-and-tear, including refurbishing of faded or stained colors.
         (.7)   The door of the publishers' box shall be constructed with a window opening to display the front page of the current edition clearly, and the window opening shall be covered by plastic manufactured from no less than .060" polycarbonated clear plastic material.
         (.8)   Door handles shall be a loop-style handle with a minimum one-inch clearance, designed to allow pedestrians to slip their hands easily in and out of the handle.
         (.9)   Door springs shall meet the tension requirements of the Americans with Disabilities Act.
         (.10)   The publishers' box shall have one-inch diameter holes in the back of the publishers' box to allow for cables to be inserted for the secure installation of the publishers' box.
      (b)   Maintenance requirements. No person shall place, maintain or operate a publishers' box on the public sidewalk unless such person:
         (.1)   Maintains such publishers' box in good working order at all times.
         (.2)   Repairs any malfunctioning, vandalized or otherwise damaged publishers' box within seven calendar days of the occurrence of any such damage.
         (.3)   Keeps such publishers' box clean and free of graffiti, broken parts, pasted bills and debris of any description, including ruined or out-dated publications, including any publication with a cover date more than thirteen (13) days past.
         (.4)   Keeps such publishers' box free of all advertising, except for information regarding the publication offered or displayed in such publishers' box.
      (c)   Secure and safe placement. 509 No person shall place, maintain or operate a publishers' box on the public sidewalk unless such box is in compliance with the following:
         (.1)   Each publishers' box must be sufficiently weighted to be secure in all expected weather conditions.
         (.2)   No publishers' box shall be attached to any utility pole, traffic or parking sign or device, trash receptacle, fire hydrant, directional sign, bicycle rack, or other utility pole, fixture or any piece of street furniture.
         (.3)   No publishers' box shall be placed or maintained within 3 feet of the edge of a driveway, marked pedestrian crosswalk or curb cut; or within 5 feet of a sign designating a regular bus stop.
         (.4)   No publishers' box shall be placed or maintained within 3 feet of a fire hydrant.
         (.5)   No publishers' box shall be placed or maintained in any space so as to reduce the width of the pedestrian passageway on the sidewalk to less than 4 feet.
         (.6)   No two publishers' boxes displaying or offering the same publication for sale or distribution may be placed at the same intersection unless such publishers' boxes are located on separate quadrants of the intersection. No publisher may display or offer more than three of the same publication for sale or distribution at any intersection.
         (.7)   If no corral exists at an intersection where a publishers' box will be placed, all publishers boxes at that location must be kept a minimum of eighteen (18) inches from, and parallel to, the edge of the curb, with the publishers box opening facing toward the sidewalk and away from the curb; provided, however, that the Department may permit, by regulation, a different distance from the curb or a different orientation, if consistent with public safety and pedestrian convenience.
         (.8)   No publishers' box shall be placed on the radius of the curve at the corner of any City block or other sidewalk/street intersection.
         (.9)   No publishers' box shall be located more than thirty (30) feet from any intersection.
   (4)   Rules Regarding South Street, Benjamin Franklin Parkway, Logan Square, Rittenhouse Square, Franklin Square, Independence Mall, Washington Square, Manayunk and 20th and Spruce Streets vicinities. 510
      (a)   South Street. Between Broad street and Front street, no publishers' box shall be placed on South street; and no publishers' box shall be placed on any street that intersects with South street if the box is 511 less than twelve (12) feet from such intersection.
      (b)   Benjamin Franklin Parkway. No publishers' box shall be placed on the Benjamin Franklin Parkway; and no publishers' box 512 shall be placed on any street that intersects with the Benjamin Franklin Parkway if the box is less than twelve (12) feet from such intersection.
      (c)   No publishers' box shall be placed on the sidewalks abutting Logan Square, Rittenhouse Square, Franklin Square or Washington Square.
      (d)   No publishers' box shall be permitted in the Manayunk Area except in the vicinity of the following intersections, if located no less than 17 feet and no more than 23 feet from the intersection: 513
         (.1)   Main and Levering streets;
         (.2)   Main and Cotton streets;
         (.3)   Main and Lock streets; and
         (.4)   Carson and Cresson streets, but not including the corner south of Cresson street and west of Carson street.
      (e)   The Department or any authority designated by the Department shall develop equitable criteria to allocate space in the vicinity of such intersections in the Manayunk Area, where necessary, giving first priority to boxes displaying publications that historically have been located within thirty (30) feet of such location. 514
      (f)   No publishers' box shall be placed on the sidewalks abutting the National Museum for Jewish American History, located at the southeast corner of 5th street and Market street. 515
      (g)   No publishers' boxes shall be placed on any sidewalk at the intersection of 20th and Spruce Streets. 516
   (5)   Permits and Fees. No person shall place, maintain or operate a publishers' box on the public sidewalk unless such person procures an annual permit from the Department for each publishers' box owned and affixes such permit to such publishers' box. The owner or operator of a publishers' box that is taken out of service may remove the proof-of-permit from such publishers' box and affix such proof-of-permit to a comparable, replacement publishers' box, until the expiration of such permit. The proof-of-permit shall be affixed to the top of the publishers' box, so that it may be viewed and read while standing in front of the publishers' box. The Department shall issue a proof-of-permit to any applicant who:
      (a)   Provides the Department, on forms approved by the Department, with the name, business address, telephone number and facsimile number of the person designated by the owner or operator as responsible for the maintenance of the publishers' box.
      (b)   Pays a non-refundable application fee of twenty dollars ($20), which fee shall be credited toward the annual fee if the permit is issued, and an annual fee of fifty-five dollars ($55) per publishers' box; provided, however, that the Department may establish a different fee, from time to time, to recover any costs of administering or enforcing this Section. 517
   (6)   Publishers' Box Corrals.
      (a)   Publishers' box corrals may be placed and maintained on the public sidewalks by any City agency or by any authority designated by the Department at locations acceptable to the Department. The Department shall approve any proposed location where, as determined by the Streets Department, substantial pedestrian traffic, sidewalk congestion or the presence of a significant number of publishers' boxes within close proximity of one another suggests the need for certain limits on the number and placement of publishers' boxes.
      (b)   Subject to the limitations set forth elsewhere in this Section, the Department or any authority designated by the Department shall develop equitable criteria to allocate space within a publishers' box corral, where necessary, giving first priority to boxes displaying publications that are then currently displayed within thirty (30) feet of such corral.
      (c)   Nothing in this subsection 9-211(6) shall be interpreted to require that the City or any authority designated by the Department erect, maintain, repair or replace such Corrals. The Department or its designee may negotiate with Publishers or third parties to pay for the costs of erecting, maintaining, repairing or replacing such Corrals.
      (d)   Subject to the criteria established pursuant to subsection (b) above, the Department shall allow any person to place or maintain a publishers' box within a publishers' box corral, so long as such person maintains such box in conformity with all requirements of this Section and so long as no other reason or condition exists which would prohibit the placement of a publishers' box at that location.
      (e)   No person shall place or maintain any advertising on any publishers' box corral.
      (f)   No person shall place or maintain a publishers' box within a publishers' box corral unless the publishers' box is unobtrusively attached by cables, chains or otherwise to the corral so as to ensure stability of the publishers' box.
      (g)   No person shall place or maintain a publishers' box within thirty (30) feet of a publishers' box corral. If a corral or corrals exist at an intersection, all publishers' boxes at that intersection must fit within the corral(s). If no space is available in the corral, another intersection must be located. 518
   (7)   Removal of Damaged, Unused or Obsolete Publishers' Boxes.
      (a)   The Department or its designee may remove or cause to be removed from the sidewalk any publishers' box that:
         (.1)   Has remained damaged, vandalized or otherwise abused for ten (10) or more consecutive days so as to render it inoperative or a hazard to public safety and health;
         (.2)   Has been unused by a vendor, in times other than during work stoppages, for a period of fourteen (14) or more consecutive days;
         (.3)   Is otherwise in violation of this Section.
      (b)   Except where the Department, the Department of Streets, or other City agency determines that immediate removal is necessary to remediate a clear and present danger to the public health or safety, prior to removal of any publishers' box by the Department or its designee, the Department or its designee shall first give seven (7) days notice, by facsimile followed by first class U.S. mail, directing the owner or operator to remove the box or otherwise remediate the violation. The notice shall include:
         (.1)   the location of the violation;
         (.2)   the date when the violation was first noted;
         (.3)   a clear description of the violation;
         (.4)   the means to cure the violation and the date by which such cure must be completed;
         (.5)   a statement that the violation and notice of intent to remove may be appealed to the Department Commissioner or his or her designee, who shall decide such appeal within five days of receipt; and
         (.6)   a statement that the publishers' box will be removed by the Department or its designee, with the costs of the removal to be charged to the owner or operator, if the stated violations are not corrected or an appeal is not taken within the required time period.
      (c)   Upon removal by the Department or its designee of any publishers' box pursuant to this subsection, the Department shall:
         (.1)   Send notice by first class U.S. mail to the owner or operator of the publishers' box, describing the violation, the date on which the removal took place, where and how the publishers' box may be retrieved by the owner or operator, and the fees due for removal and storage.
         (.2)   Allow the owner or operator to retrieve the box upon payment of a removal fee of fifty dollars ($50) plus a storage fee of twenty dollars ($20) per day. 519
   (8)   Agreement with Service District Agency.
      (a)   The Department is hereby authorized to enter into an agreement ("Agreement") with the CCD or other authority, on such terms as may be determined by the Department, including reimbursement to the authority of its direct costs and overhead costs incurred in connection with services under the Agreement, in form satisfactory to the Law Department, for the authority 520 to provide consulting, design coordination, construction management and administrative management services assisting the Department in carrying out activities required by, or appropriate under, this Section, including, without limitation: conduct of periodic surveying of the Program Area to determine compliance with this Section; notification of non-complying publishers; site inspection to determine if compliance has been achieved; removal and storage of non-complying Publishers' Boxes; renegotiating locations upon the entry of a new publisher into the marketplace; periodic maintenance, graffiti removal and painting of Publishers' Box Corrals.
   (9)   Conflict with Fairmount Park Commission Rules and Regulations.
      (a)   Except as otherwise specifically provided, nothing in this Section shall supersede any statutes, rules or regulations promulgated by the Fairmount Park Commission, Historic Commission, or any other regulatory or governmental agency. Nothing in this Section shall create any rights to place, maintain or operate publishers' boxes on any property owned or operated by the Fairmount Park Commission. The issuance of a permit or proof-of-permit by the Department shall not be construed as permission by the City to place, maintain or operate publishers' boxes at the requested location.

 

Notes

507
   Added, Bill No. 990312 (approved June 24, 1999). See Section 1 of the Ordinance for City Council's findings and Section 3 of the Ordinance for severability provisions. Section 4 of the Ordinance provides that the Ordinance takes effect six months after it became law. Amended, Bill No. 050420 (became law July 8, 2005). Subsections (6)(e) through (6)(g) renumbered by Code editor.
508
   Amended, Bill No. 990729 (approved December 31, 1999); amended, Bill No. 080493 (approved July 2, 2008), effective July 1, 2009; amended, Bill No. 090262 (approved June 24, 2009). Bill No. 090262 inadvertently omitted amendments contained in Bill No. 080493; therefore, the following language was added at the discretion of the Code editor: "(d) on Frankford avenue from the 5900 block to the 7600 block, inclusive; (e) on Torresdale avenue from the 5000 block to the 7600 block, inclusive". Amended, Bill No. 170962 (approved March 14, 2018).
509
   Amended, Bill No. 090712 (approved December 1, 2009).
510
   Amended, Bill No. 090262 (approved June 24, 2009); amended, Bill No. 090664 (approved November 4, 2009); amended, Bill No. 150656 (approved December 23, 2015).
511
   Enrolled Bill No. 050420 read "if the box if less".
512
   Enrolled Bill No. 050420 read "and no publishers' shall".
513
   Added, Bill No. 090262 (approved June 24, 2009).
514
   Added, Bill No. 090262 (approved June 24, 2009).
515
   Added, Bill No. 090664 (approved November 4, 2009). Enrolled bill numbered this as subsection (d); renumbered by Code editor.
516
   Added, Bill No. 150656 (approved December 23, 2015).
517
   Amended, Bill No. 090712 (approved December 1, 2009); amended, Bill No. 170165 (approved April 4, 2017).
518
   Amended, Bill No. 090712 (approved December 1, 2009).
519
   Amended, Bill No. 090712 (approved December 1, 2009).
520
   Enrolled bill read "for the the authority".
§ 9-212. Newsstands. 521
   (1)   Definitions. In this Section, the following definitions shall apply:
      (a)   Newsstand. A stationary structure used for the sale, display or offering for sale of newspapers, magazines and periodicals, other than a machine or other enclosed box capable of operation by pedestrians without the assistance of an attendant.
      (b)   Sidewalk. All that area legally open to the public use as a pedestrian public way between the curb line and the legal building line of the abutting property.
      (c)   Restricted Business District. 522 The area bounded by the Delaware River on the east, Washington Avenue on the south, the Schuylkill River on the west, Girard Avenue on the north; and the area bounded by the Schuylkill River on the east, University Avenue/Woodland Avenue on the south, Fortieth Street on the west, and Spring Garden Street on the north.
   (2)   License Required; Issuance and Renewal. 523
      (a)   It shall be unlawful for any person to place, maintain or operate a newsstand on any sidewalk without first obtaining a license and license identification plate from the Department. The Department shall by regulation specify the type and design of license identification plates, and the location at which such license plates must be affixed to a newsstand.
      (b)   Application for a newsstand license shall be made on a form to be supplied by the Department. No license shall be issued by the Department unless: 524
         (.1)   The applicant submits to the Streets Department a sketch showing the proposed location of the newsstand. The sketch must include:
            (.a)   The locations of the curb, footway width, building line and all other facilities and appurtenances on, above or below the footway and within fifteen (15) feet from any direction of the proposed newsstand.
            (.b)   Accurate dimensions of the newsstand, including width, length, height and any shelf, rack of other appurtenance (whether retractable or not) that extends beyond the facade of the newsstand.
            (.c)   The depth of any appurtenance that anchors the newsstand to the footway surface.
         (.2)   The proposed location of the newsstand has been reviewed and approved by the Streets Department. The Streets Department shall grant approval unless the location of the newsstand would violate any provision of The Philadelphia Code, other applicable law, or the regulations promulgated to implement this Section, or unless the proposed location would interfere with traffic or pedestrian safety.
         (.3)   The application has been reviewed and approved by the Committee of Highway Supervisors to ensure there is no interference with any underground utility or other underground facility, if the depth of any appurtenance that anchors the newsstand to the footway surface is four (4) inches or more below the grade of the surface of the footway.
         (.4)   The application has been reviewed and approved by the Art Commission pursuant to Section 5-903 [renumbered to Section 4-606] of the Philadelphia Home Rule Charter.
         (.5)   The applicant posts a bond in form and amount satisfactory to the City Solicitor to indemnify the City for the cost of removal or relocation of the newsstand and all incidental costs.
         (.6)   The applicant pays a three hundred dollar ($300) nonrefundable initial application fee and a separate annual license fee of three hundred dollars ($300). The application fee shall be credited against the first year's license fee. 525
         (.7)   The applicant complies with such other regulations as the Department and the Department of Streets may promulgate to implement this Section.
   (3)   Sales from Newsstands. 526 No person shall sell or offer for sale from any newsstand any goods or other items except newspapers, magazines and periodicals, and, incidental to such business and subject to any additional licensing or permitting requirements applicable to the sale of a given item, paperback books, tobacco products, wrapped candy, cell phone accessories, including a cell phone charging station, pre-paid phone cards, camera accessories, rain gear, postage stamps, single-serve coffee brewing cups, factory pre-wrapped snack food items for immediate consumption, non-alcoholic beverages, including water, soft drinks and juices, and State Lottery tickets as provided for by the “State Lottery Law”, bill-paying service, SEPTA key cards, tickets to intercity and intracity bus services, hand sanitizers, face masks, toiletries, and non-prescription analgesics, including nonsteroidal anti-inflammatory drugs (NSAIDs), flowers, health products, beauty aids, wearing apparel of any kind pertaining to Philadelphia area sports teams such as shirts, caps or team jerseys, and ticket sales to sporting events, concerts, museums, the Philadelphia zoo and other local attractions.
   (4)   Location of Newsstands.
      (a)   There shall be no more than one newsstand on any corner, no more than two newsstands at any intersection and no more than two newsstands on one side of a blockface. For purposes of this subsection a blockface shall mean the street segment(s) encompassing an odd or even hundred block address range as defined by the Department of Streets Geographic Information System centerline file.
      (b)   No newsstand shall be placed or maintained on the sidewalk except in compliance with the following location restrictions. Newsstands shall be placed and maintained:
         (.1)   Only at the curb line, except that, with the written consent of the owner of the property abutting the sidewalk, a newsstand may be located at the building line of the property.
         (.2)   So that every part of the newsstand, including any roof overhang permitted under subsection 9-212(5)(a), is at least eighteen (18) inches from the curb line.
         (.3)   Clear of the full width of the legal or paved sidewalk on the intersecting street.
         (.4)   So that the footway space on the sidewalk is at least six (6) feet; provided, however, that, for newsstands placed on the sidewalk on or after July 1, 2013, the footway space on any high volume pedestrian street is at least eight (8) feet and on any civic/ceremonial street at least ten (10) feet; provided, further, that the Department of Streets may increase the necessary footway space at any location to adjust for increased pedestrian flow. The Department of Streets shall designate streets as high volume pedestrian or civic/ceremonial, as appropriate. 527
      (c)   Newsstands shall not be located on a traffic island, street divider or in any manner that would interfere with a fire hydrant hose connection.
      (d)   There shall be no newsstand within thirty (30) feet of:
         (.1)   any property classified as residential; or
         (.2)   any church, chapel, convent, synagogue, mosque, monastery, rectory or other place of worship and adjunct residential dwellings.
      (e)   There shall be no newsstand in the following locations:
         (.1)   both sides of 18th Street, between Walnut Street and Rittenhouse Square; and
         (.2)   both sides of West Rittenhouse Square, between Walnut Street and Rittenhouse Square; and
         (.3)   both sides of Walnut Street, between 18th Street and West Rittenhouse Square; and
         (.4)   both sides of Rittenhouse Square between 18th Street and West Rittenhouse Square; and
         (.5)   within the area bounded by Dyre Street, Cheltenham Avenue, Penn Street and Frankford Avenue, including both sides of the streets and avenues bounding this area. This location shall be exempt from the provisions of subsection 9-212(4)(f); and 528
         (.6)   both sides of 6th Street, between Chestnut Street and Sansom Street. This location shall be exempt from the provisions of subsection 9-212(4)(f); and 529
         (.7)   within the area bounded by Passyunk Avenue, 13th Street and Mifflin Street, including both sides of Passyunk Avenue and Mifflin Street. This location shall be exempt from the provisions of subsection 9-212(4)(f); and 530
         (.8)   both sides of 5th Street between Ludlow and Market Streets. This location shall be exempt from the provisions of subsection 9-212(4)(f); and 531
         (.9)   any street designated by the Department of Streets as either Auto-Oriented Commercial/Industrial; Park Road; Scenic Drive; Low-density residential; Shared Narrow; or Local; and 532
         (.10)   the north side of Arch Street, between 18th Street and 19th Street. 533
      (f)   Any newsstand licensed prior to May 16, 2000, shall be exempt from provisions of subsections 9-212(4)(d) and 9-212(4)(e).
      (g)   There shall be a maximum of ninety (90) licenses issued for locations in the Restricted Business District. The Streets Department shall establish an equitable system to choose among applicants, to the extent applications for more than the foregoing maximum number are filed. 534
   (5)   Design of Newsstands.
      (a)   A newsstand shall not exceed four (4) feet in width, ten (10) feet in length, or nine (9) feet in height, except the roof may overhang those permitted dimensions by not more than four (4) inches on the curb side, twenty- four (24) inches on the sidewalk side, and twelve (12) inches on the other two sides, provided that the roof overhang allows a minimum vertical clearance of eight (8) feet above the sidewalk.
      (b)   No newsstand shall be constructed of any material other than aluminum, steel, fiberglass or other durable, nonflammable material.
      (c)   No newsstand may be electrified, and no telephone lines may be added, without specific approval of City Council by ordinance.
      (d)   Security gates are permitted on newsstands, provided that:
         (.1)   They are within the structure of the newsstand.
         (.2)   They do not increase the sales area of the newsstand.
         (.3)   They do not interfere with the minimum pedestrian right-of-way required by subsection 9-212(4)(b)(.4).
         (.4)   They are clean, painted and graffiti-free.
         (.5)   The unit which houses the gate must be totally concealed within the newsstand, allow a height clearance of no less than eight (8) feet, and project no more than fifteen (15) inches from the facade of the newsstand on the sidewalk side.
      (e)   Racks, shelves and shields shall be permitted only as follows, provided that in no event shall a rack, shelf or shield interfere with the minimum pedestrian right-of-way required by subsection 9-212(4)(b)(.4), and provided that all racks, shelves and shields are removed when the newsstand is not in use:
         (.1)   Two shelves immediately adjacent to the window opening shall be permitted, provided that no shelf shall project beyond the permitted ten foot length of the newsstand, and no shelf shall project more than twelve (12) inches from the facade of the newsstand on the sidewalk side.
         (.2)   One rack shall be permitted on each side of the window opening for the display of newspapers, magazines and/or periodicals, provided that each rack is installed on the front of the stand and parallel to the front of the stand, and no rack is hung from the roof of the stand, and provided the rack does not exceed twenty-four (24) inches in width, projects no more than three (3) inches from the facade of the newsstand on the sidewalk side, and does not exceed five (5) feet in height.
         (.3)   A shield to protect customers and merchandise during inclement weather may be hung from the newsstand and may overhang the sides, provided it does not project more than twelve (12) inches from the facade of the newsstand on the sidewalk side.
      (f)   No appurtenance for any advertising permitted by subsection 9-212(6)(b) may extend more than four (4) inches from the facade of the newsstand, nor above the roofline of the newsstand, and no such appurtenance may interfere with the minimum pedestrian right-of-way required by subsection 9-212(4)(b)(.4). Permitted advertising shall be limited to the following: 535
         (.1)   Advertising may include a band on the four sides of the newsstand not to exceed six (6) inches in height, located at least six (6) feet four (4) inches above the sidewalk. The band on the sidewalk side may be illuminated and advertisement thereon may be provided in electronic or digital media; the band on the remaining three sides may not be illuminated.
         (.2)   One advertisement may appear on each side of the newsstand, as follows: 536
            (.a)   Advertising on the street side of the newsstand may be a maximum of eight (8) feet wide by seven (7) feet high, and may be illuminated.
            (.b)   Advertising on each narrow side of the newsstand may be a maximum of thirty-six (36) inches wide by sixty (60) inches high, and may be illuminated.
            (.c)   Advertising permitted by subsection (.a) or (.b), above, may be provided in electronic or digital media; provided that such electronic or digital media shall neither be flashing nor animated, and shall not operate between the hours of 12:00 midnight and 6:00 a.m., Monday through Friday, or between 2:00 a.m. and 6:00 a.m., Saturday and Sunday. The Department of Streets is authorized to promulgate regulations, including maximum brightness rates, refresh rates and frequency of message changes, in order to minimize glare, preclude impairment of the vision of the driver of any vehicle, and preclude interference with the effectiveness of any traffic control device. 537
            (.d)   Advertising on the sidewalk side of the newsstand shall be limited to a video monitor no larger than forty-six (46) inches wide. 538
            (.e)   Notwithstanding the provisions of subsections 9-212(5)(f)(.2)(.a) and (.b), advertising consisting of a removable vinyl wrap or similar material shall be permitted to cover each narrow side and street side of the newsstand entirely but shall be prohibited on the sidewalk side of the newsstand.
         (.3)   Security gates may include a graphic logo identifying the owner or sponsor of the newsstand. The proposed design must be submitted to the Art Commission for approval. The logo may not be illuminated.
         (.4)   The advertising permitted hereunder shall be allowed only on Newsstands that comply with subsections 9-212(5)(a) and (b) and that specifically conform to a newsstand design approved by the Art Commission.
      (g)   All newsstands shall be painted in consistent colors approved by the Art Commission. The Art Commission shall consult with any Special Services District whose jurisdiction includes a newsstand location before approving paint colors. All painted surfaces, including any security gates, shall be coated with a clear anti-graffiti coating system approved by the Department.
      (h)   A movable awning shall be permitted on the sidewalk side of a newsstand, provided that: 539
         (.1)   The awning does not project more than twelve (12) inches from the facade of the newsstand on the sidewalk side when fully extended, except at certain locations as approved by the Philadelphia Streets Department and certain times of day where reducing excessive glare on the operators is needed to maintain business, as follows: 540
            (.a)   The awning may project thirty-six (36) inches from the facade of the newsstand;
            (.b)   The awning shall not reduce the minimum clear width of any sidewalk to less than ten (10) feet when fully extended;
            (.c)   The lower edge of the awning, not including the valance, is not less than seven (7) feet above the sidewalk when fully extended;
            (.d)   The awning does not have side panels;
            (.e)   The awning may include a movable twelve (12) inch valance that may be unrolled between 8:00 a.m. and 10:00 a.m. and 4:00 p.m. and 6:00 p.m. During all other times of the day the valance must be retracted;
            (.f)   The lower edge of the valance is not less than six (6) feet above the sidewalk when fully extended;
            (.g)   The valance be made of non-flammable material and bendable upon human contact.
         (.2)   The lower edge of the awning is not less than six (6) feet above the sidewalk when fully extended;
         (.3)   The awning, including brim reinforcement, is constructed of a non-rigid, nonflammable material and is bendable upon human impact; 541
         (.4)   The awning is fully retracted during non-working hours; and
         (.5)   The awning does not have side panels.
      (i)   On sidewalks where the newsstand, including all appurtenances and shelves, leaves less than ten (10) feet of clear footway, a newsstand that sells State Lottery tickets shall have a side window from which all such sales shall be conducted. 542
   (6)   Maintenance of Newsstands.
      (a)   All newsstands, including any security gate or other approved attachments, shall be painted and maintained so as to prevent rust, rot, graffiti and other deleterious conditions. All such deleterious conditions shall be removed or remedied within twenty-four hours of their appearance. 543
      (b)   Commercial advertising is permitted on newsstands, subject to the general restrictions on the size, placement and mode of advertising set forth in subsection (5), except that the advertisement of tobacco products, alcoholic beverages and adult cabarets, as that term is defined in Code subsection 14-601(7)(a)(.1) is not permitted. 544
      (c)   The holder of a license for a newsstand location shall not allow the area surrounding the newsstand to be littered as a result of the newsstand's operation.
      (d)   The footway surrounding a newsstand shall be maintained free of any ice that could form as a result of drainage from the newsstand.
   (7)   Abandonment. 545
      (a)   A newsstand shall be considered to be abandoned, shall be removed by the licensee, and is subject to removal by the Department if:
         (.1)   It is not in use for the sale of newspapers or magazines for a period of twenty (20) consecutive days; or
         (.2)   It is in use for the sale of newspapers or magazines for fewer than twenty (20) weekdays in any six (6) month period; or
         (.3)   The license holder does not comply forthwith with an order of the Department to remedy a violation of this Section; or
         (.4)   The licensee fails to pay all required City of Philadelphia business taxes; or
         (.5)   The license for the newsstand has been revoked.
      (b)   Upon a finding of abandonment, after proper notice to the license holder, the Department shall revoke the license. A finding of abandonment or a license revocation may be appealed to the Board of License and Inspection Review within thirty (30) days of the finding or revocation.
   (8)   Removal and Relocation. 546
      (a)   Except where the Department or the Department of Streets determines that immediate removal is necessary to remediate a clear and present danger to the public health or safety, prior to removal of any newsstand pursuant to subsection 9-212(7), the Department shall first give ten (10) days notice by first class mail to the licensee at the address on file with the Department. Such notice shall direct the licensee to remove the newsstand or otherwise remediate the violation, and shall include:
         (.1)   The address where the violation has been found.
         (.2)   The date when the violation was first noted.
         (.3)   A description of the violation.
         (.4)   The means to cure the violation and the date by which the cure must be completed.
         (.5)   A statement that the violation and notice of intent to remove may be appealed to the Commissioner or his or her designee.
         (.6)   A statement that the newsstand will be removed by the Department or its designee, if the cure is not made or an appeal is not noticed within the required time period.  547
      (b)   Upon removal by the Department or its designee, the Department shall:
         (.1)   Send notice by first class U.S. mail to the licensee describing the violation, the date on which the removal took place, where and how the newsstand may be retrieved and the fees due for removal and storage.
         (.2)   Allow the licensee to retrieve the newsstand within thirty (30) days after notice was sent.  548
      (c)   A newsstand that has been removed by the Department shall not be reinstalled except upon re- application and issuance of a new license. 549
      (d)   Where the Department or any other government entity determines that the removal and relocation of a newsstand from an approved location, it shall be the sole responsibility of the party requiring the removal and relocation of the newsstand to pay the full amount of the relocation.  550
   (9)   Penalties and Enforcement. The provisions of subsections 9-205(9)(a) and (9)(c), relating to penalties and enforcement with respect to sidewalk vendors, shall apply to any violations of this Section, except that the penalty for a violation of subsection 9-212(5)(f)(.4) shall be a fine not exceeding two hundred dollars ($200). 551
   (10)   Construction. 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

521
   Added, Bill No. 000166 (approved June 16, 2000).
522
   Added, Bill No. 130381 (approved June 17, 2013), effective July 17, 2013.
523
   Former subsection (c) deleted, Bill No. 090777-A (approved February 17, 2010).
524
   Amended, Bill No. 090777-A (approved February 17, 2010).
525
   Amended, Bill No. 090777-A (approved February 17, 2010); amended, Bill No. 130381 (approved June 17, 2013), effective July 17, 2013.
526
   Amended, Bill No. 120754 (approved January 23, 2013), effective February 22, 2013; amended, Bill No. 160513 (approved June 28, 2016), effective July 28, 2016; amended, Bill No. 190899 (approved December 30, 2019); amended, Bill No. 200591 (approved December 1, 2020); amended, Bill No. 230584 (approved November 13, 2023).
527
   Amended, Bill No. 130381 (approved June 17, 2013), effective July 17, 2013.
528
   Added, Bill No. 040112 (approved May 6, 2004).
529
   Added, Bill No. 060634 (approved November 16, 2006).
530
   Added, Bill No. 060632 (approved November 16, 2006).
531
   Added, Bill No. 080574 (approved November 19, 2008).
532
   Added, Bill No. 130381 (approved June 17, 2013), effective July 17, 2013.
533
   Added, Bill No. 180728 (approved October 31, 2018).
534
   Added, Bill No. 130381 (approved June 17, 2013), effective July 17, 2013.
535
   Amended, Bill No. 090015-AA (approved August 17, 2009); amended, Bill No. 120754 (approved January 23, 2013), effective February 22, 2013.
536
   Amended, Bill No. 120754 (approved January 23, 2013), effective February 22, 2013.
537
   Amended, Bill No. 130381 (approved June 17, 2013), effective July 17, 2013.
538
   Amended, Bill No. 190899 (approved December 30, 2019).
539
   Added, Bill No. 120754 (approved January 23, 2013), effective February 22, 2013.
540
   Amended, Bill No. 190899 (approved December 30, 2019).
541
   Amended, Bill No. 130381 (approved June 17, 2013), effective July 17, 2013.
542
   Added, Bill No. 130381 (approved June 17, 2013), effective July 17, 2013.
543
   Amended, Bill No. 090015-AA (approved August 17, 2009).
544
   Amended, Bill No. 090015-AA (approved August 17, 2009); amended, Bill No. 120774-A (approved January 14, 2013).
545
   Amended, Bill No. 130381 (approved June 17, 2013), effective July 17, 2013.
546
   Caption amended, Bill No. 220527 (became law September 15, 2022).
547
   Amended, Bill No. 220527 (became law September 15, 2022).
548
   Amended, Bill No. 220527 (became law September 15, 2022).
549
   Added, Bill No. 130381 (approved June 17, 2013), effective July 17, 2013.
550
   Added, Bill No. 220527 (became law September 15, 2022).
551
   Amended, Bill No. 090015-AA (approved August 17, 2009).
Loading...