[HISTORY: Adopted by the Borough Council of the Borough of
Paxtang 1-15-1991 by Ord. No. 519 (Part 5, Ch. 8, of the 1994 Code of
Ordinances). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The sale of food through a mobile vending unit.
[Added 10-20-2020 by Ord. No. 675]
A person 18 years of age or older who operates a mobile vending
unit under a license or special event permit issued by the Borough
of Paxtang.
[Added 10-20-2020 by Ord. No. 675]
A mobile retail food establishment, such as a stand, cart,
vehicle, box, or similar structure, designed and used specifically
for the purposes of storing, preparing, processing, distributing,
or selling food.
[Added 10-20-2020 by Ord. No. 675]
To own, operate or be the manager of a retail food establishment,
as defined in this section.
Any individual, corporation, partnership or other business
entity, either singular or plural.
Any real property that is privately owned. Private property
shall not include any sidewalks, streets, alleys, or avenues, whether
public or private, that adjoin private property.
[Added 10-20-2020 by Ord. No. 675]
Any place, whether temporary or permanent, stationary or
mobile, where food or drink is packaged, stored, served, sold or offered
for sale directly to the consumer.
Mobile food vending units are permitted to be operated when
located on private property where the owner(s) of the private property
signs the license application noting the owner’s consent to
the use of the private property for this purpose.
[Added 10-20-2020 by Ord. No. 675]
[Amended 2-21-2006 by Ord. No. 601; 7-19-2016 by Ord. No. 654; 10-20-2020 by Ord. No. 675]
A.
It shall be unlawful for any person to operate a retail food establishment within the Borough without first obtaining a license or a special event permit pursuant to §224-7 below. And prior to the issuance of a license to a retail food establishment, the Health Officer shall inspect the premises, facilities and equipment of such retail food establishment, which inspection shall reveal that the establishment has been found to conform to the laws of the Commonwealth of Pennsylvania and regulations of the Department of Health having to do with the regulation of food establishments. Application for a license or special event permit shall be made to the Borough Secretary and shall be accompanied by payment of all applicable license fees established by resolution of Borough Council and published in the Borough's Schedule of Fees. The license shall be granted for a period of one year.
B.
The following,
among other information, shall be provided with each application for
a license for mobile food vending:
(1)
Name,
age, address, cell phone number, and home phone number of the vending
unit operator.
(2)
Make,
model, and food vending unit type.
(3)
Vending
unit owner’s name, address, cell phone number, and home phone
number.
(4)
Copy
of the current license from the Pennsylvania Department of Agriculture
(“license”), and applicable proof of inspection.
(5)
Proof
of valid insurance policy that provides minimum liability coverage
of $1,000,000 with the Borough of Paxtang named as an additional insured.
(6)
Confirmation
that the mobile vending unit is equipped with necessary fire extinguishers
and equipment, and that vending unit operators are trained in the
proper use of fire extinguishers and fire-extinguishing systems.
(7)
Confirmation
from the vending unit owner or operator acknowledging that he or she
understands and will be bound by the requirements and restrictions
in this chapter.
(8)
Signature
of the owner of the private property who is consenting to the use
of the private property by the mobile vending unit. By signing the
license application, the private property owner is consenting to the
entrance onto the property vending area by the Borough staff, Borough
police, or personnel of the Borough Fire Department during permitted
hours of operation or thereafter if operation improperly continues
after permitted hours. This entrance onto the private property is
to allow the Borough staff, police, or fire officials to take such
actions as noted in this chapter and/or that may be necessary to ensure
compliance with the provisions of this chapter and law.
In addition to the inspection required for licensure, the Health
Officer may enter any structure or premises at reasonable time for
the purpose of inspecting any retail food establishment to ensure
its compliance with the laws of the commonwealth and the regulations
of the Pennsylvania Department of Health having to do with food establishments.
[Amended 2-21-2006 by Ord. No. 601]
The annual fee to be paid by any person operating a retail food
establishment shall be as established by resolution of Borough Council
and published in the Borough Schedule of Fees.[1] This inspection fee shall be paid to the Borough prior
to or at the time the license required by this chapter is issued.
[1]
Editor's Note: The current Schedule of Fees is on file in
the Borough office and on the Borough's website.
[Amended 12-15-1992 by Ord. No. 535]
Any person who violates any provision of this chapter shall
be guilty of an offense and shall, upon conviction, for every such
violation, be sentenced to pay a fine of not more than $600 and costs
of prosecution and, in default of payment of fine and costs, to undergo
imprisonment for not more than 30 days, provided that each day on
which any such violation continues shall be deemed a separate offense.
[Added 10-20-2020 by Ord.
No. 675]
A.
Operations of a mobile vending unit shall be within the vending areas
approved in the license or special permit issued by the Borough of
Paxtang.
B.
All mobile vending units shall be located on private property at
a location that does not impede or interfere with pedestrian use of
the sidewalk or the operation of vehicles on private or public streets,
alleys, or avenues. No vending unit shall block adequate sight distance
for vehicles or pedestrians at intersections.
C.
The specific location of the mobile vending unit in a vending area
may be subject to change at the discretion of Paxtang Borough staff
or a Borough police officer when deemed appropriate.
D.
Food service may only be provided to walk-up customers; no service
may be provided to persons on motor vehicles or from the cartway of
the street or bike lane.
E.
The placement of tables, chairs, or similar furniture or other items
not permanently attached to the vending unit is prohibited. Only trash
receptacles provided by the food vendor are permitted to be present
and unattached to the mobile vending unit.
F.
Food vendors shall provide for adequate waste collection for customers.
All trash, litter, debris, liquid waste, and grease must be collected,
removed from the vending area, and properly disposed of by the food
vendor or private property owner. Use of public trash receptacles,
storm drains, tree pits, sidewalks, streets, or any other public facilities
by the vendor for disposal of such refuse is prohibited.
G.
Signs are prohibited except signs that are affixed to the vending
unit.
H.
Broadcasted music, announcements, and public address systems are
prohibited.
I.
The food vendor's license or special permit, if not displayed,
shall be readily available for inspection by the Borough of Paxtang
staff or a police officer at all times of operation upon request.
J.
The sale of items from the mobile vending unit other than consumable
food and/or drink is prohibited.
K.
Food vendors must operate in a safe, sanitary, and nonoffensive manner,
including not causing any annoying odors or noise.
L.
All mobile vending units capable of cooking or heating food shall
be equipped with a 2A10BC-rated fire extinguisher mounted in an accessible
and conspicuous location where food is heated or cooked in addition
to any other required fire extinguishers.
M.
All mobile vending units equipped with a portable or integrated generator
shall have a 3A40BC-rated fire extinguisher in addition to any other
required fire extinguishers.
N.
All mobile vending units required to have a hood suppression system
shall be equipped with a Class K fire extinguisher in addition to
any other required fire extinguishers.
O.
All required fire extinguishers shall be serviced and inspected annually
in accordance with the requirements of the latest edition of NFPA
10.
P.
All mobile food vehicles that contain cooking equipment that is capable
of creating grease-laden vapors shall be equipped with a Type 1 commercial
hood in accordance with the requirements of the most recent edition
of NFPA 96, including an approved hood suppression system. The hood
suppression system shall be serviced and inspected every six months.
Q.
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.
R.
All cooking appliances shall be listed by Underwriters Laboratories
of NSF International for mobile applications, for the appropriate
fuel and be clearly marked with the appropriate certification sticker(s).
S.
All deep fryers shall be equipped with a lid over the oil vat that
can be secured to prevent spillage of cooking fat during transit.
This lid shall be secured at all times the vehicle is in motion. All
deep fryers shall also be equipped with an eight-inch-high steel baffle
between the fryer and surface flames of any adjacent appliances.
T.
No more than two 100-pound LPG/LNG tanks shall be permitted on any
mobile vending unit. 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.
Storage of LPG/LNG cylinders inside of the vehicle is expressly forbidden.
LPG/LNG cylinders shall be mounted so that safety release valves are
directed away from the vehicle. When 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. Any
hoses 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 editions of the International Fuel Gas Code.
U.
A conspicuous NO SMOKING sign shall be posted near any LPG/LNG cylinders
and/or any other fire hazard on or inside of the vending unit.
V.
No food vending unit may be operated within 10 feet of any building,
structure, or other vehicle.
W.
The requirements of this section are intended to supplement state
law and Department of Health regulations. Should any conflict arise
between the provisions of this section and any state law or Department
of Health regulation, the most restrictive provision shall control.
[Added 10-20-2020 by Ord.
No. 675]
A.
No person may operate a mobile vending unit in a public park of the
Borough or on a closed public street except with a special event permit
issued by the Borough of Paxtang after approval by the Borough Manager
or his or her designee. The operation of a mobile vending unit in
a Borough park or on a closed public street must be in conjunction
with a scheduled public event or other activity for which the sale
of food through a mobile vending unit is an appropriate accompaniment.
B.
Each application for a special event permit for operation of a mobile
vendor unit in a Borough park shall include the specific location,
date, time, and description of any event (if applicable) at which
the operator of the mobile vending unit proposes to operate. Such
application must be submitted at least 10 days prior to the date of
the event or date of the time at which the mobile vending unit wishes
to operate and must include the permit fee required along with a completed
application.
C.
The issuance of a special event permit for operation of a mobile
vendor unit, the number of such permits, the number and types of mobile
vending units, the location at which the mobile vending units may
operate, and the length of time for which they may operate in a Borough
park is within the discretion of the Borough Manager or his or her
designee, subject to approval by Borough Council.
D.
The issuance of a permit to operate a mobile vending unit in a Borough
park is subject to the same requirements as those for mobile vending
locations on private property, excepting an annual license, as well
as the requirement that the mobile vending unit may not use water
available to the public at the park for purposes of food preparation
or cleaning.
[Added 10-20-2020 by Ord.
No. 675]
The Borough Manager is authorized to deny, suspend, or revoke
any license or special event permit issued under this chapter when
he or she deems such denial, suspension, or revocation to be beneficial
to the public health, safety or morals, for violation of any provision
of this chapter, or for giving false information upon any application
for a license or special event permit hereunder. Appeals from any
denial, suspension, or revocation may be made to Council at any time
within 10 days after suspension or revocation. No fee shall be refunded
to any person whose license or special event permit has been denied,
suspended, or revoked.
