Under this article, permits shall be issued based on the same standards that the City Health Inspector would use to license Mobile Food Facilities under the Pennsylvania Food Code.
Permits shall only be issued upon the City Health Inspector's passing grade of the Commissary.
The applicant must obtain a valid and current mercantile license prior to submitting an application for a Mobile Food Vehicle permit.
Mobile Food Vehicle permittees are permitted to operate vehicles from which hot and cold food, and/or hot and cold drinks, served for immediate consumption, are offered for sale or delivery to buyers, consumers, or other persons on the public streets, highways and/or construction sites, if properly licensed and permitted, and meet the minimum standards set forth by the National Sanitation Foundation.
Retention of Mobile Food Vehicle permit shall be contingent upon compliance with all requirements herein. A permit holder who fails to comply with all conditions shall have their permit revoked. The permit fee shall be nonrefundable if permit is revoked.
Vendor must submit proof of payment of mercantile tax and Pennsylvania sales tax to the City of York upon request.
(a) Process:
(1) All Mobile Food Vehicle vendors must submit an application for a permit annually from the Bureau of Permits, Planning and Zoning no later than June 30 of the calendar year.
(2) The application will then be forwarded to the Mobile Food Vendors Committee for review and approval. The application must receive approval from each Department represented within the committee prior to issuance of a permit at the beginning of each calendar year.
(3) Application deadline: June 30 to be effective for the following calendar year.
(4) Permit applications received later than June 30, and in application for the following year, will incur an additional $100.00 charge.
(5) Applications received by the June 30 deadline, and which are subsequently rejected for being incomplete, will have the option of resubmitting and incurring the additional $100.00 fee.
(6) Applications received within the calendar year, and in application for that same year, must pay full permit fee and the $100.00 additional charge.
(7) All mobile food vehicle permits are effective from January 1 to December 31 of each calendar year. Each year constitutes a new application and permitting cycle.
(8) No more than thirty (30) individual mobile food vehicles will be permitted to operate within the city limits in any calendar year. Maximum vehicles under one permit cannot exceed three (3).
(b) Design/Product:
(1) With the exception of trash bin receptacles, no mobile food vehicle shall use external signage, seating, or any other equipment not contained within the vehicle on the public sidewalks.
(2) Mobile Food Vehicles shall be strictly prohibited from selling apparel, jewelry, movies, music, compact discs, video cassettes or video discs, cigarettes, cigars, pipes, tobacco products, pornography, prophylactics, knick-knacks, trinkets, any other food/ non-food items and/or other sundries as determined by Mobile Food Vendors Committee.
(3) Products directly related to the business, bearing the food vendors logo and/or likeness, are excluded from this restriction such as t-shirts, stickers, hats, etc. (Ord. 7-2015. Passed 4-7-15.)
(c) Location:
(1) Mobile Food Vehicles may occupy private property at the property owner's discretion during any time of day/night. Said property owner is wholly responsible for regulating the use of space, cleanup, damages, insurance, and indemnification of city, etc. Mobile food vehicle must obtain and produce upon request written permission from said property owner.
(2) Mobile Food Vehicles may occupy the City of York public right of way in the Central Business District between the hours of 2:00 pm and 2:00am, Monday through Sunday. Mobile Food Vehicles may occupy the City of York public right of way outside of the Central Business District between 7:00 am and 2:00 am.
(3) Basic traffic rules and applicable parking meter regulations apply.
(4) Mobile Food Vehicles shall not occupy a space within five (5') feet of any handicapped parking space or access ramp.
(5) Mobile Food Vehicles shall not obstruct the passage of pedestrian travel, and a clear sight triangle, as referenced in the City of York Zoning Ordinance, must be maintained.
(6) No Mobile Food Vehicles shall have any exclusive and/or perpetual right to any location upon the streets, alleys, or public grounds of the City.
(7) Mobile Food Vehicles are prohibited from looping, trawling, or repeating the same route more than once in a one-hour period of time.
(8) No mobile food truck shall operate within 100 feet of a restaurant during said restaurant's hours of operation unless authorized by restaurant management.
(Ord. 16-2015. Passed 8-18-15; Ord. 7-2015. Passed 4-7-15.)
(d) Operation:
(1) Mobile Food Vehicles shall be attended by at least one operator over the age of 18 at all times.
(2) No Mobile Food Vehicles 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 Vehicle 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 Vehicles excluding traditional "ice cream" trucks, shall use or maintain any outside sound amplifying equipment, lights, or noisemakers, such as bells, horns or whistles or similar devices to attract customers unless otherwise approved by the Mobile Food Vendor committee. A Mobile Food Vehicle may use lights operated by the vehicle and with appropriate protective shields for the purpose of illuminating merchandise.
(5) The Mobile Food Vehicle shall not have drive-through service.
(6) Hours of Operation: All Mobile Food Vehicles operating under this article shall adhere to the designated time and day requirements:
i. On private property as owner permits and regulates in writing.
ii. In the public right of way not before 2:00pm or after 2:00am Monday through Sunday in the Central Business District, or not before 7:00am or after 2:00am Monday through Sunday outside of the Central Business District and in accordance with all of the provisions of this article.
(Ord. 7-2015. Passed 4-7-15; Ord. 16-2015. Passed 8-18-15.)
(e) Safety:
(1) All mobile food vehicles shall be equipped with a 2A10BC rated fire extinguisher mounted in a conspicuous location within the kitchen area.
(2) Any mobile food vehicle equipped with a portable generator shall have a 3A40BC rated fire extinguisher in addition to any other required extinguishers.
(3) All mobile food vehicles required to have a hood suppression system shall be equipped with a Class K fire extinguisher.
(4) All required fire extinguishers shall be serviced and inspected annually in accordance with the requirements of the latest edition of NFPA 10.
(5) All mobile food vehicles that contain cooking equipment that is capable of creating grease laden vapors shall be equipped with Type 1 commercial hood in accordance with the requirements of the most recent edition of NFPA 96.
(6) All Type 1 hood systems shall be equipped with an approved hood suppression system meeting the requirements of the latest edition of NFPA 96.
(7) Hood suppression systems shall be serviced and inspected every six (6) months.
(8) All appliances capable of producing grease laden vapors shall be located completely under the kitchen exhaust hood with no portion of the appliance extending beyond the outer edge of the hood.
(9) All cooking appliances shall be listed by Underwriters Laboratories or NSF International for mobile applications, for the appropriate fuel and be clearly marked with the appropriate certification sticker(s).
(10) All deep-fat fryers shall be equipped with a lid over the oil vat that can be secured to prevent spillage of cooking oil/fat during transit. This lid shall be secured at all times the vehicle is in motion.
(11) All deep-fat fryers shall be equipped with an 8" high steel baffle between the fryer and surface flames of any adjacent appliances.
(12) No more than two (2) 100lb LPG/LNG tanks shall be permitted on any mobile food vehicle unless a legitimate need can be demonstrated.
(13) Generator and LPG/LNG storage compartments shall be located on the exterior of the vehicle and shall be vented to the exterior and shall not allow any venting to the interior of the vehicle.
(14) LPG/LNG cylinders shall be mounted so that safety release valves are directed away from the vehicle.
(15) If LPG/LNG cylinders and or compartments are located on the rear of the vehicle, the bumper shall extend beyond the cylinders or compartment to provide added impact protection.
(16) The storage of LPG/LNG cylinders inside of the vehicle is expressly forbidden.
(17) Any hose(s) used to pipe LPG/LNG shall be UL or FM listed specifically for LPG service and all couplings, fittings, and other devices shall meet the requirements for LPG/LNG service as outlined in the most current edition of the International Fuel Gas Code.
(18) A conspicuous NO SMOKING sign shall be posted adjacent to LPG/LNG cylinders.
(19) In addition to the required health inspection, all mobile food vehicles shall undergo an annual fire safety inspection by the Department of Fire/Rescue Services and shall upon successful completion of said inspection, display an annual inspection sticker provided by the department. The inspection sticker shall be displayed on the left-rear of the vehicle not less than 5' nor more than 6' from ground level.
(f) Trash:
(1) Permittee shall contain all refuse, trash, and litter within Mobile Food Vehicle or a small moveable trash can maintained by the permittee and located adjacent to the Mobile Food Vehicle in such a manner as not to block or otherwise obstruct pedestrian or vehicular traffic. The owner/operator of the Mobile Food Vehicle 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 Food Vehicle vendors shall be required to operate under a carry in/carry out policy with regard to litter and to clean all litter around the location of the Mobile Food Vehicle each day. Vendors 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) 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.
(h) Subletting of permits is strictly prohibited.
(i) Special Events.
(1) Mobile Food Vehicle permit holders shall meet any special requirements, and/or applications of any and all special events including any additional fees and/or permits.
(2) 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. 7-2015. Passed 4-7-15.)