[HISTORY: Adopted by the Borough Council of the Borough of Hellertown 8-1-2016 by Ord. No. 810. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meaning indicated, unless a different meaning clearly appears from the context:
- BUSINESS PLAN
- A formal statement of a set of business goals, the reasons
they are believed attainable, and the plan for reaching these goals,
background information about the organization operating the business
and, if a legal entity, proof of approval of the creating of the legal
entity by the commonwealth or state of creation.[Added 8-1-2016 by Ord. No. 810]
- FOOD ESTABLISHMENT
- Business operation that stores, prepares, packages, serves,
vends or otherwise provides food for human consumption as set forth
in the Food Code issued by the Pennsylvania Department of Agriculture,
7 Pa. Code § 46.1 et seq., as amended from time to time.[Added 8-1-2016 by Ord. No. 810]
- FOOD PRODUCTS
- Includes and shall be limited to such foods intended for
immediate consumption following sale without threat or danger to public
health.[Added 8-1-2016 by Ord. No. 810]
- HEALTH OFFICER
- The Health Officer shall be the Borough Code Enforcement
Officer. The Borough Code Enforcement Officer has the authority to
enforce the permitting, license and regulations of the chapter.[Added 8-1-2016 by Ord. No. 810]
- LEGAL HOLIDAY
- New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas.
- MOBILE FOOD COMMISSARY
- A licensed food establishment in which food, containers,
or supplies are stored, kept, handled, prepared and packaged and directly
from which mobile food vehicle operations are serviced and where mobile
food trucks report to for all food and supplies for all cleaning and
sanitizing of units and equipment.[Added 8-1-2016 by Ord. No. 810]
- MOBILE FOOD PREPARER
- Any person who, by traveling from place to place upon the
public streets of the Borough, prepares and serves food from a mobile
food truck.[Added 8-1-2016 by Ord. No. 810]
- MOBILE FOOD TRUCK
- A mobile food truck is a transient retail business.[Added 8-1-2016 by Ord. No. 810]
- MOBILE FOOD VEHICLE
- A food establishment that is located on a minimum four-wheeled
self-contained motorized vehicle where food or beverage is cooked
and/or prepared and served for individual portion service, such as
a mobile food kitchen. Food establishments that are not self-contained
and must be pulled by another vehicle are not considered a mobile
food vehicle.[Added 8-1-2016 by Ord. No. 810]
- Any natural person, partnership, association, corporation or other legal entity.
- PUBLIC PROPERTY
- The public right-of-way, Borough-owned property and the Borough of Hellertown established right-of-way, including sidewalks.
- Any public place at a fixed location kept, used, maintained, advertised and held out to the public as a place where food and drink is prepared and served for the public for consumption on or off the premises pursuant to the required licenses of the Borough of Hellertown and the Commonwealth of Pennsylvania. Such establishments may include, but are not limited to, restaurants, cafes, coffee shops, cafeterias, dining rooms, eating houses, short-order cafes, luncheonettes, grills, pubs, tea rooms and sandwich shops.
- (1) Engaging in peddling, soliciting or taking orders, either by sample or otherwise, for any goods, wares or merchandise upon any street, alley, sidewalk or public ground, or from house to house within the Borough of Hellertown.
- (2) Selling, soliciting or taking orders for any goods, wares or merchandise from a fixed location within the Borough on a temporary basis, which shall include, but not be limited to, such activities conducted at the time of special occasions or celebrations, for seasonal purposes or for yearly holidays.
The singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.
No person shall engage in any transient retail business within the Borough without first having obtained from the Borough Code Enforcement Officer a license, for which a fee, which shall be for the use of the Borough, shall be charged, said fee to be in such amount established, from time to time, by resolution of the Borough Council.
[Added 8-1-2016 by Ord. No. 810]
The provisions of § 411-3 shall apply to mobile food operations engaged in the business of cooking, preparing, and distributing food or beverage with or without charge from mobile food trucks on or in public, private or restricted spaces.
This section shall not apply to canteen, coffee, or ice cream trucks that move from place to place and are stationary in the same location for no more than 30 minutes at a time or food vending push carts and stands which are governed under other sections of Chapter 411. Further this section does not apply to private parties where the food truck is parked and servicing a private property.
Mobile food truck health license and permit required.
No person or business entity, including a religious or charitable organization, shall operate a mobile food truck in any public, private or restricted space without a permit issued by the Borough.
A separate mobile food truck permit is required for each and every mobile food truck operated within the Borough by an individual, partnership, corporation or limited-liability company.
In addition to the Borough permit, an operator of a mobile food truck must have the required health licenses and any other required approvals from the Commonwealth of Pennsylvania and/or any Pennsylvania departments which regulate mobile food trucks. Copies of all approvals required by the Commonwealth of Pennsylvania and/or its agencies shall be provided to the Borough Code Enforcement Officer at the time the permit application is submitted to the Borough.
The operator of a food truck shall be exempt from the requirements of this section if a food truck operator is hired by an organization which is conducting business within the Borough of Hellertown if that organization is required to obtain a permit from the Borough to conduct its operation.
Application for a permit.
Application. There shall be made available by the Borough a permit application form to apply for each mobile food truck permit. The permit application shall provide the following:
Submission of materials. Each application shall indicate on its face, in addition to other requirements as may be determined by the Borough Code Enforcement Officer, the below following materials which shall be submitted by the applicant:
The name of the business and its owner or owners and the mailing address of the business.
For a mobile food truck applying for a permit for the first time, a business plan for the mobile food truck operation must be submitted.
If the operator intends to establish a predetermined route, the proposed service route and hours of operation, along with a detailed schedule of times and locations where the mobile food truck will be stationary and serving food.
Certification that the mobile food truck has passed all the necessary inspections required by the Commonwealth of Pennsylvania and/or designated state agencies.
For all excess food that cannot be prepared or stored in the mobile food truck, proof that the food is prepared or stored in a Commonwealth of Pennsylvania approved kitchen and storage facility. The address of the kitchen where the mobile food truck and food must be stored shall be provided.
Proof of access to restroom facilities for the use of the mobile food truck employees. Access shall be within 150 feet from the mobile food truck.
Mobile food truck interior design showing all features, locations of required handwashing sink for employees, location of propane tanks or generators, etc. The design and final mobile food truck must comply with all applicable provisions of the Pennsylvania Department of Agriculture Retail Food Code, Title 7, Agriculture, Chapter 46.
A certificate of insurance providing general liability insurance of not less than $350,000 per occurrence, listing the Borough as additionally insured. A mobile food truck permit shall be issued only for the explicit time covered by the effective date of the general liability insurance policy. The owner shall indemnify the Borough of Hellertown against any and all such claims, losses, injuries or damages to person or property, including attorneys fees and court costs, whether incurred as a result of the negligence of the Borough, the owner or their employees, agents.
Approval process. Any application must be submitted to the Borough Code Enforcement Officer for review.
The Borough Code Enforcement Officer may work with the applicant or permit holder to modify a service route at any time before the issuance of a permit or after the issuance of the permit, if the grant of a permit or approval of a service route has led to the creation of a nuisance or otherwise endangers the public health, safety, or welfare or by request of the permit holder.
Within 20 days of the submission of a completed application, the Borough Code Enforcement Officer shall either issue or deny the application for a permit.
If the application is denied in whole or in part, the Borough Code Enforcement Officer shall state in writing the specific reasons for the denial. Any applicant who has been denied a permit may appeal such denial by submitting a written request for a hearing to Borough Council within 10 days of denial. Such hearing shall be conducted within 30 days of receipt of the appeal. The decision resulting therefrom shall be final and subject only to additional review under Pennsylvania law.
Rules and regulations and inspections.
General rules and regulations.
No mobile food trucks will be permitted to operate on a public street or public property in the Residential 1 (R-1) and Residential 2 (R-2) Zoning Districts.
In the Conservation District (C) the applicant shall obtain written approval and coordinate with other community activities or organizations or special events as required by the Borough Code Enforcement Officer. No mobile food truck shall operate in the Conservation District between the hours of 10:00 p.m. to 7:00 a.m. The applicant will obtain additional approvals from other organizations as required by the Borough Code Enforcement Officer.
In all other zoning districts no mobile food truck shall operate between the hours of 10:00 p.m. to 7:00 a.m.
No mobile food truck is permitted to park or stop to serve customers within 250 feet of any principal customer entrance to any restaurant or food establishment within the Borough of Hellertown.
Any operator of a mobile food truck shall provide the Borough Code Enforcement Officer 24 hours' advanced written notice when the operator will be operating the food truck within the Borough limits pursuant to a validly issued permit. The date or dates of operation for that specific time period of operation shall be provided. Notice is required each time the operator of a food truck shall conduct business within the Borough jurisdictional limits.
No operator of a mobile food truck shall park, stand, or move a vehicle and conduct business within areas of the Borough where the permit holder has not been authorized to operate.
Mobile food trucks are permitted to park and serve customers on private property within the R-1 and R-2 Zoning Districts, if given express written consent of the property owner and such written consent is kept in the mobile food truck at all times when the vehicle is operating on the private property.
Mobile food trucks operating on private property in all other zoning districts shall be governed by the requirements of this section.
On school days from 7:00 a.m. to 4:00 p.m. no food truck may operate within 500 feet of the grounds of any building used as a public kindergarten, elementary school or secondary school.
A permitted mobile food truck may obtain a permit for a one-day period.
No mobile food truck will provide or allow any dining area, including but not limited to tables, chairs, booths, bar stools, benches, and standup counters.
Borough trash receptacles may not be used by mobile food truck vendors.
Consumers shall be provided with single service articles, such as plastic forks and paper plates, and a waste container for their disposal. All mobile food trucks shall offer a waste container for public use that the operator shall empty at his own expense.
Mobile food truck vendors are required to keep all areas within 20 feet of the mobile food truck clean of grease, trash, paper, cups or cans associated with the vending operation.
The permit holder must keep an accurate log indicating that the mobile food truck is serviced daily by a mobile food commissary or approved kitchen for all food, water and supplies and for all cleaning and servicing operations, including the emptying and cleaning of waste containers.
No mobile food truck shall make or cause to be made any unreasonable or excessive noise so as to disturb or annoy the public near or upon any street, lane, alley, park, square, common or in any public building, public place or business place, or private building or private place within the Borough.
A mobile food truck may not operate on property owned by the Borough unless the Borough Code Enforcement Officer has granted approval on the permit application for its operation at a particular location during specific times.
For mobile food trucks on public property, the Borough reserves the right to temporarily move a mobile food truck to a nearby location if the approved location needs to be used for emergency purposes, snow removal, construction, or other public benefit or if the location is required for a Borough-sponsored event.
No more than two mobile food trucks may operate in the same Borough block.
Inspections. The Borough Code Enforcement Officer shall ensure compliance with all applicable food and sanitary codes of the Commonwealth of Pennsylvania and/or any agencies which regulate food trucks.
The Borough Fire Chief shall promulgate rules and regulations for the inspection of mobile food trucks to ensure compliance with all applicable federal, state, and local firesafety statutes, regulations, ordinances, and codes.
Limitation on the number of permits held by one vendor.
Borough Council shall from time to time set the limit on the number of total permits that may be issued or renewed per year; provided, however, that no more than 10% of total permits or three permits, whichever is greater, may be issued to a single person or business entity or both. The limit may be established by Borough Council from time to time by resolution.
Upon receipt of an application, the Borough Code Enforcement Officer shall advise the applicant whether or not the limitation has been met.
Food truck permit.
Every mobile food truck permit, unless suspended or revoked by the Borough Code Enforcement Officer for a violation of any provision of this section or other rule or regulation promulgated for the implementation of this section, shall be renewed annually provided that a renewal fee is paid prior to 30 days before its one-year expiration. If said fee is not paid within this time frame provided, the license and permit holder shall forfeit the right to renew. If forfeited, the permit may be made available to another applicant for a new permit if the limitation on the number of permits has not been reached.
The permit application fee and permit fee shall be determined and be modified from time to time by resolution of Borough Council.
The renewal of a permit does not also guarantee the renewal of any previously approved route. The Borough Code Enforcement Officer has the right to terminate and or determine any route.
Transfer of permit prohibited.
Transfers "for value" are prohibited. No person holding a permit for a mobile food truck shall sell, lend, lease or in any manner transfer a mobile food truck permit for value.
Transfers "not for value." Transfers as part of the sale of a business are permitted as part of the sale of a majority of the stock in a corporation holding such permits, as part of the sale of the majority of the membership interests of the limited-liability company holding such permit, or as part of the sale of a business or substantially all of its assets, provided that there shall be no allocated or actual value for the transfer of the permit.
Any such transfer shall be subject to the terms and conditions of the original permit.
Unauthorized transfer voids permit. Any unauthorized transfer or attempt to transfer a permit shall automatically void such permit. Violations of this provision shall be subject to a fine of $500 each for the transferor and the transferee, pursuant to § 411-3I. The unauthorized transfer or attempt to transfer of each permit shall constitute a separate violation.
Operation of mobile food trucks.
Each mobile food truck shall post its permit, or a copy of the permit, in a conspicuous place to which the public has access by sight.
Operation without a permit. Any mobile food truck being operated without a valid mobile food truck permit issued by the Borough Code Enforcement Officer shall be deemed a public safety hazard, shall be cited in accordance with existing Borough ordinances and may be impounded.
Unattended vehicles prohibited. No mobile food truck shall be parked on the street overnight or left unattended and unsecured at any time. Any mobile food truck which is found to be unattended shall be considered a public safety hazard, shall be cited in accordance with existing Borough ordinances and may be impounded.
A mobile food truck operating outside of an approved route, at an unauthorized location, or beyond the hours for which the operation has been permitted shall be deemed operating without a permit in violation of this section and shall be subject to enforcement under § 411-3, Subsection I, entitled "Enforcement; violations and penalties" below.
Enforcement; violations and penalties.
Fine for violation. Any permit holder operating a mobile food truck in violation of any provision of this section shall be subject to a fine of not less than $300 and not more than $1,000 for each day the violation continues to exist or a term of imprisonment not exceeding 90 days, or both. Each day a violation continues to exist shall constitute a separate and distinct violation of this section.
Revocation, suspension, modification. Once a permit has been issued it may be revoked, suspended, modified, or not renewed by the Borough Code Enforcement Officer for failure to comply with the provisions of this section.
In addition to prosecution of persons in violation of this section, the Borough Code Officer, police officers or any duly authorized agent of the Borough may seek such civil or equitable remedies, including injunctive relief and other measures to enforce the provisions of this section in any court of record in the Commonwealth of Pennsylvania, against any person or property, real or personal, to enforce the provisions of this section.
Removal. Any permit holder found in violation of this section shall be issued a citation for a violation in accordance with existing Borough ordinances, and the mobile food truck may be impounded in accordance with Chapter 425 of the Borough Code of Ordinances.
Enforcement. The provisions of this section promulgated hereunder shall be independent, nonmutually exclusive, separate remedies, all of which are available to the Borough as may be deemed appropriate and all of which may be enforced by the Borough Code Enforcement Officer, Hellertown Police or any other designated officials of the Borough of Hellertown.
No license fee shall be charged:
To farmers selling their own produce.
For the sale of goods, wares and merchandise donated by the owners thereof, the proceeds whereof are to be applied to any charitable or philanthropic purpose.
To any manufacturer or producer in the sale of bread and bakery products, meat and meat products or milk and milk products.
To children under the age of 18 years who take orders for and deliver newspapers, greeting cards, candy, bakery products and the like, or who represent the Boy Scouts or Girl Scouts or similar organizations.
To the seeking or taking of orders by insurance agents or brokers licensed under the insurance laws of the Commonwealth of Pennsylvania.
To a person who has complied with the provisions of the Solicitation of Funds for Charitable Purposes Act, 10 P.S. § 162.1 et seq., as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania.
For taking orders for merchandise, by sample, from dealers or merchants for individuals or companies who pay a license or business privilege tax at their chief place of business.
All persons exempted hereby from the payment of the license fee shall be required to register with the Borough Code Enforcement Officer and obtain a license without fee, provided any person dealing in or more of the above-mentioned exempted categories and dealing with other goods, wares or merchandise not so exempted shall be subject to the payment of the license fee fixed by this section for his activities in connection with the sale of goods, wares and merchandise not in such exempted categories; provided, further, the Borough Code Enforcement Officer may similarly exempt from payment of the license fee, but not from registering with him, persons working without compensation and selling goods, wares or merchandise for the sole benefit of a nonprofit corporation; provided, further, every license issued under the provisions of this chapter shall be issued on an individual basis to any person or persons engaging in such business; every individual shall obtain a separate license, issued to him in his name; and the license fee hereby imposed shall be applicable to every such individual license, except that a representative of a charitable organization may obtain licenses for the applicants.
Every person desiring a license under this chapter shall first make application to the Borough Code Enforcement Officer for such license. He shall, when making such application, exhibit a valid license from any state or county officer if such license is also required. The applicant shall state:
Upon receipt of such application and the prescribed fee, the Borough Code Enforcement Officer, if he shall find such application in order, shall issue the license required under this chapter. Such license shall contain the information required to be given out on the application therefor. Every license holder shall carry such license upon his person if engaged in transient retail business from house to house or upon any of the streets, alleys, sidewalks or public grounds, or shall display such license at the location where he shall engage in such business if doing so at a fixed location. He shall exhibit such license, upon request, to all police officers, Borough officials and citizens or residents of the Borough.
No person in any transient retail business shall:
Sell any product or type of product not mentioned in his license.
Hawk or cry his wares upon any of the streets, alleys, sidewalks or public grounds in the Borough.
When operating from a vehicle, stop or park such vehicle upon any of the streets or alleys in the Borough for longer than necessary in order to sell therefrom to persons residing or working in the immediate vicinity.
Park a vehicle upon any of the streets or alleys in the Borough for the purpose of sorting, rearranging or cleaning any of his goods, wares or merchandise or of disposing of any carton, wrapping material or stock, wares or foodstuffs which have become unsalable through handling, age or otherwise.
Engage in any business activity, except by prior appointment, at any time on a Sunday or legal holiday or at any time before 9:00 a.m. or after 5:00 p.m. on any day of the week other than a Sunday or legal holiday.
The Borough Code Enforcement Officer shall supervise the activities of all persons holding licenses under this chapter. He shall keep a record of all licenses issued hereunder and shall make a report thereof each month to the Borough Council.
The Borough Code Enforcement Officer is hereby authorized to deny, suspend or revoke any license issued under this chapter when he deems such denial, suspension or revocation to be beneficial to the public health, safety or morals, or for violation of any provision of this chapter, or for giving false information upon any application for a license hereunder. Appeals from any suspension, revocation or denial of a license may be made to the Borough Council at any time within 10 days after such suspension, revocation or denial, and a hearing shall be held within 30 days of the petition for appeal. No part of a license fee shall be refunded to any person whose license shall have been suspended or revoked.
[Amended 8-1-2016 by Ord. No. 810]
Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this chapter continues or each section of this chapter which shall be found to have been violated shall constitute a separate offense.