(a) Licensed night-time Continental Square vendors may operate hand-operated, mobile food and/or periodical dispensers, on Thursday, Friday and Saturday evenings during the months of May, June, July, August and September in Continental Square and shall have first opportunity to operate such dispensers in areas in which they hold a license on nights of special events sponsored by the City.
(b) No more than one license shall be granted for the entire Continental Square area.
(c) The license shall be issued for a duration of one year.
(d) The fee for a nighttime Continental Square vendor license shall be established by resolution of Council. One individual or corporate entity shall hold no more than two licenses concurrently.
(e) The Department of Community and Economic Development, Bureau of Health, shall be responsible for issuing the licenses. The department shall develop procedures for control and monitoring of each license. A procedure shall be developed to provide City residents and businesses the first opportunity to purchase such licenses before they are made available to the general public. The department shall file a copy of the procedures with the City Clerk.
(f) A vendor is permitted to operate in Continental Square only if it is operating a mobile dispenser built specifically for the purpose of dispensing the product sold by the vendor and is properly licensed and inspected.
(g) Mobile dispensers shall be attended by at least one operator at all times.
(h) Mobile dispensers, under this section, shall be permitted to operate only between the hours of 9:00 p.m. and 1:30 a.m. on Thursday evenings and shall be removed from Continental Square by 2:00 a.m. on such evenings, and only between the hours of 9:00 p.m. and 2:30 a.m. on Friday, and Saturday evenings and shall be removed from Continental Square by 2:45 a.m. on such evenings.
(i) Mobile dispensers shall not obstruct the passage of pedestrian travel and a clear sight triangle as referenced in Section 1307.01 of the Zoning Ordinance must be maintained.
(j) Mobile dispensers shall not operate radios, boom boxes, or other sound devices that emit sounds that can be heard outside of a ten-foot radius from any part of the dispenser's cart.
(k) The diameter of the dispenser's space in terms of space in which the dispenser operates and any associated racks by which wares are displayed shall not exceed twenty-five feet.
(l) Mobile dispensers shall be permitted to sell, consistent with other subsections of this ordinance, candies, such as ice cream, chocolates, mints and gum, food, such as hot dogs, bratwurst, sausage, sandwiches, peanuts, potato chips, fruit, salads, and beverages such as soda, lemonade, juices, bottled water, coffee, hot chocolate and periodicals such as newspapers and magazines, but shall be strictly prohibited from selling apparel, jewelry, movies, compact discs, video cassettes or video discs, cigarettes, cigars, pipes, pornography, prophylactics, and related items.
(m) Mobile dispensers shall be required to clean all litter within a one-block area on the same side of the street in all directions of the location of the stand at the end of 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.
(n) Under this article, licenses 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.
(o) Retention of the night-time Continental Square vendor license shall be contingent upon compliance with all requirements herein. A license holder who fails to comply with all conditions shall have their license revoked. The license fee shall be nonrefundable if revoked. (Ord. 19-2011. Passed 6-7-11.)