[Adopted 5-28-2013 by Ord. No. 5-2013]
When used in this article, unless the context otherwise requires,
the following terms shall have the following meanings:
A formal statement of a set of business goals, the reasons
they are believed attainable, and the plan for reaching those goals,
background information about the organization or team operating the
business and financial projections showing the business is sustainable.
Mobile Food Trucks Committee.
The Director of the Economic Development and Neighborhood
Revitalization or his/her designee.
The Fire Marshal of the City of Lancaster and his/her assistants.
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.
Includes and shall be limited to such foods intended for
immediate consumption following sale without threat or danger to public
health.
The Health Officer of the City of Lancaster, who has the
authority to enforce the permitting, licensing and regulations of
this article.
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 and for all cleaning
and sanitizing of units and equipment.
Any person who, by traveling from place to place upon the
public streets of the City, prepares and serves food from a mobile
food truck.
A mobile food vehicle.
A food establishment that is located upon 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 but food carts regulated under Chapter 291, Vending, of the City Code.
Mayor's Office of Special Events.
The public right-of-way, City-owned property, and City of
Lancaster 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 City of Lancaster
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, tearooms and sandwich shops.
A.
The provisions of this article 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.
B.
This article 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 by Chapter 291, Vending.
C.
The provisions of this article shall not apply to mobile food operations
that receive a temporary event permit issued by the City of Lancaster
or the MOOSE.
A.
There shall be within the City of Lancaster a Mobile Food Trucks
Committee consisting of the Director or his/her designee, the Director
of Public Works or his/her designee, one or more Health Officers,
the Director of MOOSE or his/her designee, a Fire Marshal appointed
by the Chief of the Fire Bureau, and a representative of the Bureau
of Police appointed by the Chief of Police for the purpose of establishing
rules and regulations as appropriate. Other members may be appointed
from time to time by the Committee.
B.
The Committee shall also establish those public locations within
the City of Lancaster where mobile food trucks may and may not operate
in the interest of preserving public health and safety or avoiding
traffic congestion. Locations will be published on the City of Lancaster
website and may change from time to time by action of the Committee.
A.
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 City.
B.
A separate mobile food truck permit is required for each and every
mobile food truck operated within the City by an individual, partnership
or corporation.
A.
Application. There shall be made available by the City an application
form to apply for each mobile food truck permit. The application shall
provide the following:
B.
Submission of materials. Each application shall indicate on its face,
in addition to other requirements as may be determined by the Health
Officer, that the following materials must be submitted by the applicant:
(1)
The name of the business and its owner or owners and the mailing
address of the business.
(2)
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.
(3)
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, shall be provided.
(4)
Certification that the mobile food truck has passed all necessary
inspections required by the City of Lancaster and the Commonwealth
of Pennsylvania.
(5)
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 Health
Officer approved kitchen and storage facility. The address of the
kitchen where the mobile food truck is stored and where food is stored
must be provided.
(6)
Proof of access to restroom facilities for the use of the mobile
food truck employees.
(7)
Mobile food truck interior design showing all features, locations
of required hand-washing 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.
(8)
A certificate of insurance providing general liability insurance
of not less than $350,000 per occurrence, listing the City as additionally
insured. A mobile food truck permit shall be issued only for the explicit
time period covered by the effective dates of the general liability
insurance policy. The owner shall indemnify the City of Lancaster
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 City, the owner or their employees,
agents.
C.
Approval process. An application must be submitted to Health Officer
for review. The application must receive the approval of the Health
Officer and the Director, based on duly published criteria established
by the Committee, prior to its final approval and the issuance of
a permit by the Health Officer.
D.
The Health Officer may work with the applicant or permit holder to
modify a service route at any time i) before the issue of a permit
or ii) after the issue of a 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 order or by request of the
permit holder.
E.
Within 60 days of the submission of a completed application, the
Health Officer shall either issue or deny the application for a permit.
F.
If the application is denied in whole or in part, the Health 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 the Health Officer within 10 days
of denial. Such hearing shall be conducted by the Director within
30 days of receipt of said appeal. The decision resulting therefrom
shall be final and subject only to judicial review under Pennsylvania
law.
A.
General. The Committee members are hereby authorized to promulgate
additional rules and regulations appropriate for the implementation
of this article and, if necessary, work with other agencies and departments
of the City and the Commonwealth to establish a process for the permitting
of mobile food trucks; provided, however, that such rules and regulations
are not inconsistent with the following limitations and restrictions:
(1)
No mobile food trucks will be permitted to operate on a public street
or public property in the Central Business Core (CB1) and Central
Business (CB) Zoning Districts between the hours of 10:00 a.m. and
7:00 p.m. Monday through Saturday, except in those locations or other
days and hours which may be designated by the Committee. Mobile food
trucks may operate in these two districts between the hours of 7:00
a.m. to 10:00 a.m. and 7:00 p.m. to 1:00 a.m., abiding by all other
rules and regulations provided herein and as promulgated by the Committee.
(2)
No mobile food truck may operate within the Central Business Core
(CB1), Central Business (CB), Central Manufacturing (CM), Regional
Commercial (C3) and Suburban Manufacturing (SM) Zoning Districts between
the hours of 1:00 a.m. and 7:00 a.m.
(3)
No mobile food truck may operate within all other zoning districts
between the hours of 9:00 p.m. and 8:00 a.m., unless permitted for
different hours for a special event managed by MOOSE or as established
by the Committee.
(4)
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 serving similar food products within the City
or 250 feet from any permitted food vending cart location.
(5)
No mobile food truck may park in any City-permitted residential parking
areas longer than two hours or the maximum permitted period for parking
in any one block, whichever is less.
(6)
No operator of a mobile food truck shall park, stand, or move a vehicle
and conduct business within areas of the City where the permit holder
has not been authorized to operate.
(7)
Mobile food trucks are permitted to park and serve customers on private
property within the Central Business Core (CB1) and Central Business
(CB) 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 property.
(8)
Mobile food truck operations on private property in all other Zoning
Districts shall be governed by the City of Lancaster Zoning Ordinance.
(9)
On school days from 7:00 a.m. to 4:00 p.m., no mobile food truck
may operate within 500 feet of the grounds of any building used as
a public kindergarten, elementary school or secondary school.
(10)
A permitted mobile food truck must be in operation at least
one day during a thirty-day period or the Health Officer may revoke
the permit issued for the mobile food truck in violation of this subsection.
(11)
No mobile food truck shall provide or allow any dining area,
including but not limited to tables, chairs, booths, bar stools, benches,
and standup counters.
(12)
City trash receptacles may not be used by mobile food truck
vendors.
(13)
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.
(14)
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.
(15)
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.
(16)
No mobile food truck shall make or cause to be made any unreasonable or excessive noise in violation of Chapter 198 of the City Code.
(17)
A mobile food truck may not operate on property owned by the
City of Lancaster unless the Committee has otherwise granted approval
on the permit application for its operation at a particular location
during specific times.
(18)
For mobile food trucks on public property, the City 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 City-sponsored or MOOSE special event.
(19)
No more than two mobile food trucks may operate in the same
City block, abiding by all other rules and regulations provided herein
and as promulgated by the Committee. The exception to this provision
is during special events permitted by MOOSE and those areas designated
by the Committee as locations for multiple mobile food trucks.
B.
Inspections. The Health Officer shall ensure compliance with all
applicable state food and sanitary codes as well as applicable City
codes.
C.
Fire Marshal. The Fire Marshal 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.
A.
Application fee. A one-time application fee for a permit granted
by the Health Officer for the operation of a mobile food truck shall
be $100, which fee may be changed from time to time by resolution
of City Council.
B.
Annual permit fee. The annual permit fee to operate a mobile food
truck in the City shall be $500, which fee may be changed from time
to time by resolution of City Council.
C.
Annual health license fee. The annual fee to obtain a health license
shall be $130, which fee may be changed from time to time by resolution
of City Council.
A.
The Committee may from time to time set a 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.
B.
Upon receipt of application, the Health Officer shall advise the
applicant whether or not the limitation has been met.
A.
Every mobile food truck health license and permit, unless suspended
or revoked by the Health Officer for a violation of any provision
of this article or other rule or regulation promulgated for the implementation
of this article, shall be renewed annually given that a renewal fee
is paid prior to 30 days after its one-year expiration, at which time
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.
B.
The annual permit renewal fee shall be $500, which fee may be changed
from time to time by resolution of City Council.
C.
The renewal of a permit does not also guarantee the renewal of any
previously approved route. The Committee has the right to adjust any
route.
D.
The Committee reserves the right to add, remove, and reapportion
available locations among mobile food truck operations at renewal.
A.
Transfers for value 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.
B.
Nonvalue transfers as part of the sale of a business. Notwithstanding § 249-37A, a permit holder may transfer a permit as part of the sale of a majority of the stock in a corporation holding such permit, as part of the sale of a majority of the membership interests of a 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.
(1)
Prior to any such transfer, the transferor shall notify the Health Officer in writing, and the transferee shall submit a food truck permit application for approval to the Health Officer pursuant to the process set forth in § 249-32 and any additional rules and regulations promulgated by the Committee.
(2)
Any such transfer shall be subject to the terms and conditions of
the original permit.
C.
Unauthorized transfer voids permit. Any unauthorized transfer or
attempt to transfer a permit shall automatically void such permit.
Violation of this provision shall be subject to a fine of $500 each
for the transferor and the transferee, pursuant to § 249-39A.
The unauthorized transfer or attempt to transfer of each permit shall
constitute a separate violation.
A.
Every 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.
B.
Operation without permit. Any mobile food truck being operated without
a valid mobile food truck permit issued by the Health Officer shall
be deemed a public safety hazard, shall be ticketed in accordance
with existing City ordinance and may be impounded.
C.
Unattended vehicles prohibited. No mobile food truck shall be parked
on the street overnight or left unattended and unsecured at any time
food is kept in the mobile food truck. Any mobile food truck which
is found to be unattended shall be considered a public safety hazard,
shall be ticketed in accordance with existing City ordinance and may
be impounded.
A.
Fine for violation. Any permit holder operating a mobile food truck
or service in violation of any provision of this article or any rules
and regulations promulgated hereunder shall be subject to a fine of
no less than $300 and no more than $1,000 for each day that 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 article.
B.
Revocation, suspension, modification. Once a permit has been issued
it may be revoked, suspended, modified, or not renewed by the Health
Officer for failure to comply with the provisions of this article
or any rules and regulations promulgated by the Committee.
(1)
Decisions by the Health Officer to revoke, suspend, modify, or not
renew a permit may be appealed to the Director. The decision resulting
therefrom shall be final and subject only to judicial review under
Pennsylvania law.
(2)
The Health Officer may suspend a permit for no more than three days
without a notice or hearing, pursuant to § 249-39B(1). If
the suspension is expected to exceed three days, a hearing shall be
held before the Director within 72 hours of the suspension in order
to determine whether concern for the public safety or health justifies
the suspension.
C.
In addition to prosecution of persons in violation of this article,
the Health Code Officer, police officers or any duly authorized agent
of the City may seek such civil or equitable remedies, including injunctive
relief and other measures to enforce the provisions of this article
in any Court of Record in the Commonwealth of Pennsylvania, against
any person or property, real or personal, to effect the provisions
of this article.
D.
Removal. Any permit holder found in violation of this article or any rules and regulations promulgated by the Committee shall be issued a citation for violation in accordance with existing City ordinances, and the mobile food truck may be impounded in accordance with Article VI of Chapter 285 of the Code of the City of Lancaster.
E.
Enforcement. The provisions of this article or any rules and regulations
promulgated hereunder shall be independent, nonmutually exclusive,
separate remedies, all of which are available to the City as may be
deemed appropriate and all of which may be enforced by the Health
Code Officer, any member of the Lancaster City Police Bureau or any
other designated officials of the City of Lancaster.
