Under this article permits shall be issued based on the same standards that the City Health Inspector would use to license Temporary Food Facilities, under the Pennsylvania Food Code, and licenses shall only be issued upon the City Health Inspector's passing grade of the commissary or storage facility of the vendor dispenser.
The applicant must obtain a valid and current mercantile license prior to submitting an application for a mobile cart vendor permit.
Mobile cart vendors are permitted to operate a mobile, hand-operated food dispenser which can be hand-propelled by the operator, is built specifically for the purpose of dispensing the product sold by the vendor, and is properly licensed and permitted, and meets the minimum standards set forth by the National Sanitation Foundation.
Retention of a mobile cart vendor permit shall be contingent upon compliance with all requirements herein. A permit holder who fails to comply with all conditions shall have their license revoked. The permit fee shall be nonrefundable if revoked.
Vendor must submit proof of payment of mercantile tax and Pennsylvania sales tax to the City of York upon request.
(a) Process. All mobile cart vendors must submit an application for a permit annually from the Bureau of Permits, Planning and Zoning.
(1) Six permits will be made available for ten locations in the Central Business District. Permits will be issued by location.
(2) Twenty permits will be made available for locations outside the Central Business District.
(3) No more than one CBD and one non-CBD permit shall be held by the same individual or entity at a time.
(4) Application deadline: June 30 to be effective for the following calendar year. For current year (2014), application deadline will be November 30.
(5) All mobile cart vendor permits are effective from January 1 to December 31 of each calendar year. Each year constitutes a new application and permitting cycle. Each permittee is guaranteed their location for two consecutive years.
(6) The permits are not transferable. In the event that the holder of a permit is unable to use the permit for any reason, the permit must be returned to the City with no refund of any licensing or permit fees paid.
(7) Subletting of permits is strictly prohibited.
(b) Design/Size.
(1) With the exception of trash bin receptacles, no mobile cart vendor shall use external signage, seating, or any other equipment not contained within the vehicle on the public sidewalks.
(2) No mobile food cart operating within the City designated locations shall exceed 34 square feet in expanse including the cart and any accessories. No additional items will be permitted outside of the cart itself.
(c) Product. Mobile dispensers shall be strictly prohibited from selling apparel, jewelry, movies, music, tobacco products, pornography, prophylactics, and/or other sundries.
(d) Location.
(1) The Mobile Cart Vendors Committee shall not approve a location wherein mobile cart vendor would substantially obstruct a public right-of-way, impair the movement of pedestrians or vehicles, or pose a hazard to public safety.
(2) The Mobile Cart Vendors Committee shall not approve any location which is:
A. On any sidewalk less than six (6') feet in width.
B. Within fifteen (15') feet of a bus stop.
C. Within five (5') feet of any handicapped parking space or access ramp.
D. On private property without a notarized written approval of the property owner responsible for the maintenance of the sidewalk and/or right-of-way area to be obstructed.
(3) Licenses issued by location inside the CBD; vendor choice outside the CBD.
(4) Mobile food dispensers shall not obstruct the passage of pedestrian travel, and a clear sight triangle, as referenced in the York City Zoning Ordinance, must be maintained.
(5) Other than as permitted no mobile cart vendor shall have any exclusive and/or perpetual right to any location upon the streets, alleys, or public grounds of the City.
(e) Operation.
(1) Mobile food dispensers shall be attended by at least one operator over the age of 18 at all times.
(2) No mobile cart vendor shall make or solicit any sales to occupants of vehicles or engage in any activities which impede vehicular traffic.
(3) Any power required for the mobile food cart located on a public way shall be self-contained and shall not draw its power from the public right of way. No power cable or equipment shall be extended at grade or overhead across any public street, alley or sidewalk.
(4) No mobile food cart shall use or maintain any outside sound amplifying equipment, lights, or noisemakers, such as bells, horns or whistles or similar devices to attract customers. A mobile cart vendor and/or pushcart may use battery operated lights with appropriate protective shields for the purpose of illuminating merchandise.
(5) The mobile food cart shall not have drive-through service.
(6) Hours of Operation.
A. Mobile food dispensers shall be removed from public property between 2:00 a.m. and 7:00 a.m.
B. All mobile food carts operating under this article shall adhere to the designated time and day requirements and shall be allotted fifteen (15) minutes set-up and fifteen (15) minutes breakdown time before and after stated operating hours.
(f) Trash.
(1) Permittee shall contain all refuse, trash, and litter within the mobile food cart or a small moveable trash can maintained by the permittee and located adjacent to the mobile food cart in such a manner as not to block or otherwise obstruct pedestrian or vehicular traffic. The owner/operator of the mobile food cart shall be responsible for properly disposing of such refuse, trash, and litter as would any business, and shall not place it in any public trash container or in any private container without proper permission.
(2) Mobile dispensers shall be required to operate under a carry in/carry out policy with regard to litter and to clean all litter within twenty-five feet in all directions of the location of the mobile food cart throughout each business day. Dispensers shall properly remove all trash and litter from the site and at no time shall place said trash in any curbside receptacle.
(3) Permittee is prohibited from disposing of any liquids including but not limited to oil, grease, soaps or cleansers into the storm sewers, gutters, drainage pits, tree wells, planters or any other public right of way.
(g) Special Events. Any existing permit owner shall be allowed the right of first refusal to operate in their permitted location for any and all special events occurring in the Central Business District. Vendors will be required to meet any special requirements of the event including any additional fees and/or permits.
The permit shall contain additional limitations on hours and days that the City of York
determines are appropriate, including limitations to prevent conflict with special events.
(Ord. 25-2014. Passed 10-21-14.)