[Amended 1-26-2009 by Ord. No. 6-2009; 11-9-2009 by Ord. No. 62-2009; 5-10-2010 by Ord. No. 24-2010; 8-26-2013 by Ord. No. 35-2013; 10-26-2015 by Ord. No. 61-2015]
A. Notice of permit availability. Applications for sidewalk vending permits will be available beginning March 1 for each calendar year in the Property Maintenance Division. Each calendar year will extend from April 1 to March 31.
B. Application.
(1) Any person interested in applying for a sidewalk vendor's permit may make application by filing such forms containing the required information with the Property Maintenance Division with a nonrefundable processing fee as per the City of Reading Fee Schedule, Chapter 212. Existing permit holders completing applications shall receive priority in the grant of a permit, however, the City does not guarantee any particular location as DID retains the right to approve vending locations. The application shall set forth:
(a) True name and address of the applicant. P.O. boxes will not be permitted.
(b) Photographs and specifications, including the dimensions of the proposed sidewalk vendor cart(s), stand(s) or trailer(s) to be used in sufficient detail showing compliance with the design criteria, standards, and specifications in § 453-207 herein.
(c) Sufficient detail about the proposed sidewalk vendor, the cart features and a complete list of the products proposed for sale must be submitted with the application for evaluation and compliance with applicable City and state health codes. A complete list of products to be sold is needed to determine the best and most suitable location for the vendor cart.
(d) Applicant must also submit either copies of the required City and state health permit or, in the event that applicant has applied for but not yet procured those permits, the applicant may submit a copy of the completed permit application. The vending cart permit will not be issued until all health permits have been procured.
(e) Utility connections to neighboring properties shall be prohibited. The vendor cart must be one-hundred-percent self-contained.
(f) The locations the sidewalk vendor would like to operate.
(2) Applications will be initially reviewed by the Property Maintenance Division for completeness.
C. Review of applications.
(1) Not more than 45 days following application deadline, the Director of the Department of Community Development or his designee shall complete the review of all applications filed and notify the applicants of the results thereof in writing. Final approval of the location will be determined by DID. An application shall be denied and the applicant shall be ineligible for a sidewalk vendor license if:
(a) The application is incomplete in any material respect as set forth in § 453-206B above.
(b) The proposed vending cart does not comply with the cart design criteria, standards or specifications and/or applicable health or safety requirements.
(c) The applicant does not have a business privilege license.
(d) The applicant, or any natural person having an interest in the entity making the application, has:
[1] An interest in more than two sidewalk vendor permits.
[2] Within the past five years held or had an interest in a sidewalk vendor license that has been revoked.
[3] Within the past 10 years been convicted of selling, offering to sell or possession with intent to sell a controlled substance or convicted of a felony.
(e) If an application is denied, the applicant shall be notified in writing of the reason(s) therefor within 10 days.
(2) Note: In the event two or more sidewalk vendors apply to operate in the same location, a lottery system will be used to make the determination.
D. Each permit shall be issued for one calendar year, April 1 through March 31, and shall be subject to review and inspection by City officials during the calendar year for adherence to the requirements of this Part.