[HISTORY: Adopted by the Borough Council of the Borough of
Zelienople as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-13-1974 by Ord. No. 538; amended in its entirety 12-11-1995 by Ord. No.
715 (Ch. 13, Part 1, of the 1995 Code)]
A.
LEGAL HOLIDAY
PERSON
TRANSIENT RETAIL BUSINESS
(1)
(2)
As used in this article, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
New Year's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, and Christmas.
Any natural person, partnership, association, corporation,
or other legal entity.
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; or
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.
B.
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 Chief of Police
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.
A.
No license fee shall be charged:
(1)
To farmers selling their own produce.
(2)
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.
(3)
To any manufacturer or producer in the sale of bread and bakery products,
meat and meat products, or milk and milk products.
(4)
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.
(5)
To any honorably discharged member of any of the armed services who
complies with the Act of 1867, April 8, P.L. 50, 60 P.S. § 61,
as hereafter amended, supplemented, modified or reenacted by the General
Assembly of Pennsylvania,[1] and who procures from the Prothonotary a certificate pursuant
to the Act of 1867.
[1]
Editor's Note: The Act of 1867 (60 P.S. § 61) was
repealed 11-24-1992 by P.L. 717, No. 108.
(6)
To the seeking or taking of orders by insurance agents or brokers
licensed under the insurance laws of the Commonwealth of Pennsylvania.
(7)
To a person who has complied with the provisions of the Solicitation
of Funds for Charitable Purposes Act, 10 P.S. § 162.1, as hereafter
amended, supplemented, modified or reenacted by the General Assembly
of Pennsylvania.
[Amended 10-10-2011 by Ord. No. 814-11]
(8)
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.
(9)
To
vendors participating in Borough-authorized events and paying the
related fee to the event, during the dates of said event.
[Added 8-31-2015 by Ord.
No. 841-15]
B.
But all persons exempted hereby from the payment of the license fee
shall be required to register with the Borough Police Chief and obtain
a license without fee, provided any person dealing in one 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 article for his activities
in connection with the sale of goods, wares and merchandise not in
such exempted categories; provided, further, the Borough Police Chief
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
article 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.
[Amended 8-31-2015 by Ord. No. 841-15]
Every person desiring a license under this article shall first
make application to the Chief of Police 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:
A.
His criminal record, if any.
B.
Name and address of the person by whom he is employed.
C.
Type of goods, wares and merchandise he wishes to deal with in such
transient retail business.
D.
Length of time for which license is to be issued.
E.
Type and license number of the vehicle to be used, if any.
Upon receipt of such application and the prescribed fee, the
Chief of Police, if he shall find such application in order, shall
issue the license required under this article. Such license shall
only be issued after a waiting period of 72 hours from the time of
the application therefor. Such license shall contain the information
required to be given 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,
municipal officials, and citizens or residents of the Borough.
No person in any transient retail business shall:
A.
Sell any product or type of product not mentioned in his license.
B.
Hawk or cry his wares upon any of the streets, alleys, sidewalks
or public grounds in the Borough.
C.
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.
D.
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.
E.
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 7:00 p.m. on any day of the week other than a Sunday or legal
holiday.
[Amended 8-31-2015 by Ord. No. 841-15]
The Borough Police Chief shall supervise the activities of all
persons holding licenses under this article. He shall keep a record
of all licenses issued hereunder and shall make a report thereof each
month to the Borough Council.
[Amended 8-31-2015 by Ord. No. 841-15]
The Borough Police Chief is hereby authorized to deny, suspend
or revoke any license issued under this article 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 article,
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.
Any person, firm or corporation who shall violate any provision
of this article shall, upon conviction thereof, be sentenced to pay
a fine of not more than $600 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 article continues shall constitute
a separate offense.
[Adopted 5-10-2021 by Ord. No. 876-21]
The general purpose of these regulations is to promote the health,
safety, comfort, convenience, prosperity, and general welfare of the
citizens of the Borough of Zelienople by requiring that new and existing
mobile food vendors provide residents and customers with a level of
cleanliness, quality and safety. It is also the intent of this regulation
to establish reasonable guidelines and restrictions for mobile food
vendors and encourage the safe and convenient use of the Borough's
public right-of-way.
As used in this article, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
Any person or business who applies for a license under the
provisions of this article.
Any sworn officer of the Borough of Zelienople Police Department.
A food establishment that is located upon a vehicle, or which
is pulled by a vehicle, where food or beverage is cooked, prepared,
and served for individual portion service such as a mobile food kitchen.
An establishment where meals are generally served and eaten
on premises; prepares and serves food and drink to customers in return
for money, either paid before the meal or after the meal is provided.
A.
No person shall operate as a mobile food vendor within the Borough
without first having obtained from the Chief of Police 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. The license is required
whether or not a fee is required.
B.
No person shall commence operation of a mobile food vendor in the
Borough of Zelienople unless the required license has been obtained
by the Commonwealth of Pennsylvania Department of Agriculture. Mobile
food vendors must show proof of inspection by the Commonwealth of
Pennsylvania Department of Agriculture as required by state law.
C.
All licenses from the Commonwealth of Pennsylvania Department of
Agriculture shall be prominently displayed at all times during operation
of a mobile food vendor.
D.
Upon request from the Chief of Police, a mobile food vendor must
show proof of general liability insurance in the amount of $100,000
per individual and $300,000 per occurrence.
E.
Any mobile food vendor operating without the required license(s)
shall be deemed in violation of this article, and the mobile food
vendor shall be subject to penalties and fines as provided within
this article and otherwise provided by law.
F.
The Chief of Police shall be authorized to deny, revoke or suspend
operations for any mobile food vendor found in noncompliance with
the established requirements.
G.
Exemptions. Mobile food vendors are exempt from the Borough license
fee while participating in the following activities:
(1)
Operating in support of a nonprofit organization.
(2)
Operating in connection to an approved special event in which the
mobile food vendor is a registered participant.
(3)
Operating in support of a Zelienople Borough based business event.
(4)
Operating in support of a residential area event such as block party.
A.
No mobile food vendor shall hereafter sell or offer for sale any
products or services within 500 feet of the designated boundaries
of any Borough-organized, Borough-sponsored or Borough-sanctioned
event or activity to which vendor access is restricted or regulated,
provided that this restriction shall not apply to a mobile food vendor
who receives a written permission from the event organizer sponsoring
the event to operate within the boundaries of any Borough-organized,
Borough-sponsored or Borough-sanctioned event or activity.
B.
No mobile food vendor on public property or within the public right-of-way
shall provide or allow any dining area, including but not limited
to tables, chairs, booths, bar stools, benches, and standup counters.
C.
For mobile food vendors on public property, including the Borough's
right-of-way, the Borough reserves the right to temporarily move a
mobile food vendor 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.
D.
Borough trash receptacles may not be used by mobile food vendors.
All mobile food vendors must provide a waste bin and a recycle bin
which shall be removed by the mobile food vendor at the close of the
mobile food vendor's business day and shall pick up and remove
all papers, wrappers, bottles or other refuse dropped by the customers
thereof within 30 feet of the vicinity of the mobile food vendor.
Under no circumstances shall a mobile food vendor use containers or
receptacles for the use of the general public.
E.
No mobile food vendor shall make or cause to be made any unreasonable
or excessive noise.
F.
A mobile food vendor may not operate on or within any Borough Park,
Borough-owned parking lot, defined parking spaces on/along roadways
or other property owned by the Borough of Zelienople, unless approved
as part of a special event or approval from Borough Council.
G.
No mobile food vendor is permitted to park or stop to serve customers
within a 150-foot radius of any principal customer entrance to any
restaurant or food establishment serving food products within the
Borough. This restriction may be waived by the Borough in connection
with an approved special event.
H.
No operator of a mobile food vendor shall park, stand, or move a
vehicle and conduct business within areas of the Borough where the
mobile food vendor has not been authorized to operate.
I.
Mobile food vendors are permitted to park and serve customers on
private property, only if given express written consent of the property
owner and such written consent is kept in the mobile food vendor.
Mobile food vendors using private property are subject to all distance
regulations applying to special events and restaurants.
J.
No mobile food vendor shall hereafter sell or offer for sale any
food or nonfood products and services in a manner that would substantially
obstruct a public right-of-way, impair the movement of pedestrians
or vehicles, or pose a hazard to public safety.
K.
No mobile food vendor may park within 15 feet of a fire hydrant,
or in any no-parking or unloading zone.
L.
Mobile food vendors may not operate between the hours of 10:00 p.m.
and 7:00 a.m., and mobile food vendor facilities must be removed from
public property by 10:00 p.m. each day.
M.
All mobile food vendors shall be attended by at least one operator
who is at least age 18 at all times.
N.
All mobile food vendors occupying a public space must be in operation
within 30 minutes of occupying the space.
O.
No mobile food vendors shall use electric, water or wastewater facilities
of the Borough without the written consent of the Borough Manager.
P.
No liquid waste or grease is to be disposed on the ground around
vegetation, in storm drains or onto the sidewalks, streets, or other
public spaces. Under no circumstances shall grease be released or
disposed of in the Borough's sanitary sewer system.
Q.
Unattended vehicles prohibited. No mobile food vendor shall be left
unattended and unsecured at any time food is kept in the mobile food
truck. Any mobile food vendor which is found to be unattended shall
be considered a public safety hazard, shall be ticketed in accordance
with existing Borough ordinances and may be impounded.
R.
A mobile food vendor 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 in violation of this
article and may be subject to enforcement action.
A.
Authority is hereby conferred upon the Chief of Police to promulgate
rules and regulations with respect to the specific matters for which
such authority is herein granted and to change and modify any and
all such rules and regulations from time to time in the manner provided
by law, subject to the approval of Borough Council, provided that
such rules and regulations shall not be inconsistent with the provisions
herein and local, state and federal law. A copy of such rules and
regulations shall be available in the Borough office.
B.
When it appears to the Chief of Police that the operation of the
mobile food vendor poses an immediate and imminent threat to the public
health and safety that will occur if the mobile food vendor is not
immediately closed, the Chief of Police shall have the power to order
the immediate closure of the mobile food vendor until such time that
the violations complained of have been corrected or the Borough Council
or other appropriate hearing board overrules the determination of
the Chief of Police.
C.
Nothing set forth in this section may limit the pursuit of other
appropriate actions or proceedings at law or in equity available to
the Borough.
A.
Operation may be denied or suspended by the Chief of Police for any
of the following reasons:
(1)
The mobile food vendor or any of its principals fail to satisfy any
qualification of requirements imposed by this article, or other local,
state or federal laws or regulations; or
(2)
The mobile food vendor or any of its principals have engaged in operating
without a valid license; or
(3)
The mobile food vendor is operated in such a manner as to constitute
a public nuisance or safety hazard; or
(4)
The mobile food vendor, its principals or agents repeatedly violate
any of the provisions of this article.
B.
Notice of denial, revocation or suspension will be sent via first-class
mail to the name and address of the applicant for license with the
Commonwealth of Pennsylvania Department of Agriculture. If no applicant
for license with the Commonwealth of Pennsylvania Department of Agriculture
is on record, the notice shall be sent via first-class mail to the
registrant of the vehicle license plate or hand-delivered to the vendor.
Upon notice of denial, revocation, or suspension, an aggrieved party
may appeal to the Borough Manager by submitting a written notice of
appeal to the Chief of Police within 10 days following the date of
the adverse action.
C.
The provisions of this section are not exclusive. This section shall
not preclude the enforcement of any other provisions of this article
or state or federal laws and regulations. The Borough of Zelienople
may impose additional requirements to protect against health hazards
related to the operation of a mobile food vendor.
Any person who violates any provision of this article shall
be guilty of an offense and for every such violation, upon conviction,
shall be sentenced to pay a fine of not less than $250 nor more than
$1,000 and the costs of prosecution and, in default of payment of
fine and costs, to undergo imprisonment for not more than 90 days.
