[HISTORY: Adopted by the City Council of the City of Monessen 5-11-2021 by Ord. No. 1234. Amendments noted where applicable.]
When used in this chapter, 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.
The City of Monessen.
The Code Officer of the City of Monessen, who has the authority
to enforce the permitting, licensing and regulations of this chapter.
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.
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.
The operation of a mobile food truck within the City of Monessen.
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 236 of the City Code.
The public right-of-way, City-owned property, and City of
Monessen 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 Monessen
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 chapter 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 chapter 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 other City Ordinances.
C.
The provisions of this chapter shall not apply to mobile food operations
that receive a temporary event permit issued by the City of Monessen.
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, and with express written consent as described in § 270A-5H of this chapter.
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.
C.
In addition to the permit, a separate health license issued in accordance
with the Monessen City Code, by the City Code Enforcement Officer
is required for each 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 Code
Enforcement 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)
Certification that the mobile food truck has passed all necessary
inspections required by the Commonwealth of Pennsylvania.
(3)
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 kitchen
and/or storage facility approved by the Code Enforcement Officer is
necessary.
(4)
The address of the kitchen where the mobile food truck is stored
and where food is stored must be provided, where applicable by law.
(5)
A certificate of insurance providing general liability insurance
of not less than $350,000 per occurrence. The owner shall indemnify
the City of Monessen 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 Code Enforcement
Officer for review. The application must receive the approval of the
Code Enforcement Officer, based on duly published criteria established
by the City, prior to its final approval and the issuance of a permit
by the Code Enforcement Officer.
D.
The Code Enforcement 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
Code Enforcement Officer shall either issue or deny the application
for a permit.
F.
If the application is denied in whole or in part, the 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 the Code Enforcement
Officer within 10 days of denial. Such hearing shall be conducted
by the City Council, 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 City Code Enforcement Officer and/or the Monessen Police
Department are hereby authorized to promulgate additional rules and
regulations appropriate for the implementation of this chapter 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:
B.
Mobile food trucks will be permitted to operate on a public street
or public property in Mid-Downtown Monessen, so long as no right-of-way
is blocked or inhibits the free flow of pedestrian or vehicular traffic.
For the purposes of this chapter, "Mid-Downtown Monessen" shall be
defined as Donner and Schoonmaker Avenues, from Parente Boulevard
to 12th Street, and including all side streets between Donner and
Schoonmaker Avenue. Alleyways are excluded and shall not be available
for mobile food operations without the special approval of City Council.
C.
Mobile food trucks will be permitted to operate in any public park
between 7:00 a.m. and 9:00 p.m. Mobile food trucks shall not park
or stand on any grassy area, or any other area besides a paved or
gravel lot intended for such use.
D.
Mobile food trucks wishing to operate in any location within the
City must seek written approval from the City of Monessen.
E.
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.
F.
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.
G.
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.
H.
Mobile food trucks are permitted to park and serve customers on private
property within Mid-Downtown Monessen, 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.
I.
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.
J.
City trash receptacles may not be used by mobile food truck vendors.
K.
Consumers shall be provided with single-service articles, such as
disposable forks and paper plates, and a waste container for their
disposal.
L.
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.
M.
No mobile food truck shall make or cause to be made any unreasonable
or excessive noise in violation of any City Code or Ordinance.
N.
A mobile food truck may not operate on property owned by the City
of Monessen unless the City has otherwise granted approval on the
permit application for its operation at a particular location during
specific times.
O.
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 special event.
P.
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 City Code Enforcement Officer. An exception
to this provision is during special events, as permitted by the City;
and those areas designated by the City as locations for multiple mobile
food trucks.
Q.
Inspections. The City Code Enforcement Officer shall ensure compliance
with all applicable state food and sanitary codes as well as applicable
City codes.
R.
Fire Chief. The Municipal Fire Chief shall promulgate rules and regulations
for the inspection of mobile food trucks to ensure compliance with
all applicable federal, state, and local fire safety statutes, regulations,
ordinances, and codes.
A.
Application fee. A one-time application fee for a permit granted
by the Code Enforcement Officer for the operation of a mobile food
truck shall be $50, which fee may be changed from time to time by
resolution of City Council. In the case where the application is denied,
the permit fee shall be reimbursed.
B.
Annual mobile food truck permit fee. The annual permit fee to operate
a mobile food truck in the City shall be $100, which fee may be changed
from time to time by resolution of City Council. In instances where
the fee is modified, all active applicants shall be notified by the
City of such change, within a reasonable amount of time after the
change has been made by resolution.
C.
Annual health license and permit fee. The annual fee to obtain a
health license shall be $125, which fee may be changed from time to
time by resolution of City Council. Such fee shall include an annual
operating permit, within the City, for all allowable areas. This license
shall be renewed each year for a fee of $125.
D.
Every mobile food truck health license and permit, unless suspended
or revoked by the Code Enforcement Officer for a violation of any
provision of this chapter or other rule or regulation promulgated
for the implementation of this chapter, 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.
E.
The renewal of a permit does not also guarantee the renewal of any
previously approved route. The City has the right to adjust any route.
F.
The City reserves the right to add, remove, and reapportion available
locations among mobile food truck operations at renewal.
A.
The Code Enforcement Officer 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 Code Enforcement Officer shall advise
the applicant whether or not the limitation has been met.
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.
Non-value transfers as part of the sale of a business. 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 Code
Enforcement Officer in writing, and the transferee shall submit a
food truck permit application for approval to the Code Enforcement
Officer pursuant to all applicable City Codes, and any additional
rules and regulations promulgated by the City.
(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. 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 Code Enforcement 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.
D.
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 chapter and may be subject to enforcement under.
A.
Fine for violation. Any permit holder operating a mobile food truck
or service in violation of any provision of this chapter 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 chapter.
B.
Revocation, suspension, modification. Once a permit has been issued
it may be revoked, suspended, modified, or not renewed by the Code
Enforcement Officer for failure to comply with the provisions of this
chapter or any rules and regulations promulgated by the City.
C.
Decisions by the Code Enforcement Officer to revoke, suspend, modify,
or not renew a permit may be appealed to the City Council. The decision
resulting therefrom shall be final and subject only to judicial review
under Pennsylvania law.
D.
The Code Enforcement Officer may suspend a permit for no more than
three days without a notice or hearing. If the suspension is expected
to exceed three days, a hearing shall be held before the City Council
within 72 hours of the suspension in order to determine whether concern
for the public safety or health justifies the suspension.
E.
In addition to prosecution of persons in violation of this chapter,
the Code Enforcement 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 chapter in any court of record in the Commonwealth of Pennsylvania,
against any person or property, real or personal, to effect the provisions
of this chapter.
F.
Removal. Any permit holder found in violation of this chapter or
any rules and regulations promulgated by the City shall be issued
a citation for violation in accordance with existing City ordinances,
and the mobile food truck may be impounded in accordance with applicable
City Ordinances.
G.
Enforcement. The provisions of this chapter or any rules and regulations
promulgated hereunder shall be independent, non-mutually 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 Code Enforcement
Officer, any member of the Monessen City Police Department or any
other designated officials of the City of Monessen.
A.
In the event any provision, section, sentence, clause or part of
this chapter shall be held to be invalid or unconstitutional by a
court of competent jurisdiction, such invalidity shall be severable
and shall not affect or impair any of the remaining provisions, sections,
sentences, clauses, or parts of this chapter; it being the intent
of the City of Monessen that the remainder of the Ordinance shall
be and shall remain in full force and effect.
B.
If any section, subsection, sentence, clause or phrase of this chapter
is held to be unconstitutional, such decision shall not affect the
validity of the remaining portions of this chapter.
All ordinances or resolutions or parts of ordinances or resolutions
insofar as they are inconsistent herewith are hereby repealed and
rescinded.
This chapter shall come into effect 10 days upon enactment.
