[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. General requirements. All sidewalk vendor carts, trailers or stands shall be kept in a clean and sanitary condition, and all vendors shall comply with state and local health and sanitation requirements on such matters as refrigeration, cooking, utensils and appliances, materials and food storage. Conditions such as discoloration, food and beverage stains, rust, and peeling/cracking/faded exterior surfaces are not permitted and may cause the suspension and/or revocation of the vending permit. A City health permit must be obtained by all vendors selling food before operation of sales begins.
B. Required physical features.
(1) Dimensions. The dimensions of the vending cart shall not exceed four feet by eight feet. This is the largest in operation size and states the largest exterior dimensions permitted (including wheels, handles and similar parts). Fold-out shelves for the display of larger merchandise are permitted, provided there will be no interference with pedestrian movement. Fold-out shelves shall not be used to provide space for customers to consume the products dispensed by the vendor.
(2) Mobility. Vending carts must have at least two wheels. They must permit easy movement and maneuverability in the event of emergency and required relocation.
(3) Permit display. The vending permit must be clearly displayed on the cart in such a manner and location as to be clearly visible to customers.
(4) Trash receptacles. Each vending cart will have provisions for vendor and customer trash disposal. Vendors are responsible for proper disposal of this trash whenever the container becomes full or, at a minimum, at the conclusion of the day's operation.
(5) Covers. Umbrellas or canopies are desirable. The umbrella must not conflict with public passage on the right-of-way, nor be obtrusive to vendors' signs or neighboring business. The cover must be well maintained, so as not to become faded, torn, cracked, or soiled.
(6) Carts self-contained. All sidewalk vendor carts shall be so designed that all vending- related activities, including trash disposal, can be conducted totally from the vending cart. Use of the sidewalk by a vendor for product display, storage, or disposal of trash shall be prohibited.
(7) Utility connections. Utility connections for water, cooking, cooling, electric, heating, etc., must be contained in the unit. Utility connections to neighboring properties shall be prohibited.
(8) Fire. A five-pound ABC-type dry chemical fire extinguisher is required for all vending carts utilizing a flame for any purpose.
(9) Hand-washing facilities. Each vending cart that serves unwrapped or unbagged food must have a hand-wash sink with hot and cold water, a posted sign indicating the exact regulations required by the Pennsylvania Department of Agriculture.
(10) Refuse. All vending carts must have a refuse receptacle with a tight-fitting lid on the unit and a separate refuse receptacle for customers as required by the Pennsylvania Department of Agriculture. Receptacles must be properly emptied when full or at a minimum at the close of business. All refuse must be disposed of at the vendor's expense.
(11) Cold and hot holding units. Refrigeration and cold holding units must be capable of reaching and maintaining 41° F. or below when in use. Hot holding units must be capable of holding foods at 135° F. or above, as required by the Pennsylvania Department of Agriculture.
(12) Dishwashing. Single-service articles must be used unless adequate dishwashing facilities are available and used. Adequate facilities will include a three-compartment sink (separate from the hand-washing sink) set up for accomplishing a three-step method of dishwashing; wash, rinse and sanitize. Where only spatulas, tongs, and similar devices are washed and sanitized, and only stationary equipment must be cleaned, a two-compartment sink may be approved in accordance with the regulations of the Pennsylvania Department of Agriculture.
(13) Food and ice. All food and beverages must be clean, wholesome, free from spoilage, free from adulteration and safe for human consumption, as set forth in the regulations of the Pennsylvania Department of Agriculture. All food and beverages shall be from approved sources. Food prepared in a private home may only be sold if that facility is licensed, registered and inspected by the Pennsylvania Department of Agriculture and the City of Reading Property Maintenance Division.
(14) Sign. No sign shall be permitted except an identification of the vendor's business name and the listing of items available to sale and the price thereof. The sign, which may include a sandwich board sign, attached or separate from the vending cart and in accordance with the City of Reading Zoning Ordinance § 600-1705 must not be obtrusive to the public way or conflict with neighboring businesses by obstructing the view of said businesses or their signage, or blocking any entrance or exit to the building.
(15) Food employee certificate. All food vendors are required to obtain and maintain a food employee certificate from the Department of Agriculture, as required by the State Food Employee Certification Act, within three months of the approval of their sidewalk vendor permit. New vendors will have 90 days to comply with said requirement; existing vendors which are not in compliance due to lack of current certification, employee turnover or other loss of certified person shall have 90 days from the effective date of this Part or the date of loss to comply.
C. Prohibited features:
(1) Advertising other than the name of the vendor's business or suppliers. (Advertising must be based on Subsection B(14) above, that the sign may include items for sale.) Advertising must not contain obscene language, profanity or images offensive to the sensibilities of the general public.
(2) Propulsion systems other than manual.
(3) Gas cylinders larger than 20 pounds.
(4) Vending directly from a motor vehicle, other than a licensed food truck, is prohibited.
(5) Tables, chairs, benches, stools and any other device that would allow the consumption of the product dispensed by the vendor.
(6) Fold-out shelves shall not be used to provide space for customers to consume the products dispensed by the vendor.
D. Waivers. Waivers will not be permitted for any requirement based on health, safety or sanitation considerations.
E. Mandatory compliance. All carts shall comply with standards and specifications described herein and adopted by the City and the state. Failure to comply shall be sufficient grounds for rejection of a vending permit application or suspension or revocation of any license issued.
F. Maintenance. All sidewalk vendor carts shall at all times be maintained in good condition and repair. Any repairs to or replacements of sidewalk vendor carts shall comply fully with the existing design criteria, standards and specifications. No replacement cart may be placed into operation until approved by the Property Maintenance Division and the DID Authority.