(1) Definitions. In this Section, the following definitions apply:

(a) Cart. A wheeled pushcart, measuring not more than 10 feet in length, 36 inches in width and 42 inches in height;

(b) Curb Market. A site on the roadway, abutting the curb, as designated in § 9-201(2);

(c) License. A permit obtained from the Department to occupy a specific space in a curb market;

(d) Space. A specific area in a curb market, as fixed by the Department for the location of one cart;

(e) Vendor. A person who has a license and occupies a space in a curb market.

(2) Locations. The following areas are designated curb markets for the sale of merchandise from carts in accordance with the provisions of this Section:

(a) No. 1. North 2nd Street from Poplar Street to Fairmount Avenue.

(b) No. 2. North Marshall Street from Brown Street to 140 feet south of Girard Avenue.

(c) No. 3. Christian Street to Passyunk Avenue on South 9th Street.

(d) No. 4. Christian Street from 8th and 9th Streets.

(e) No. 5. South 4th Street from South Street to Washington Avenue.

(f) No. 6. South 7th Street from Mifflin Street to Wolf Street.

(3) Licenses.[9]

(a) No person shall occupy or vend in any space in a curb market unless he has obtained a license from the Department of Licenses and Inspections.

(b) Application for a license to act as a curb vendor shall set forth the name and address of the applicant, a description of the cart from which he will vend, and any other information that the Department requires.

(c) The applicant shall pay an application fee of $25.00. for each space requested.

(d) The annual fee for a license is $125.00 for each space, in addition to the application fee.

(e) If a space is available, and if the Department finds the application is in proper form and the applicant is entitled to receive a license, the Department shall issue a license for a period of one year from the date of issue, for a space designated and assigned to him by the Department.

(f) No license shall be issued to any person who is not a resident of the City.

(g) No person shall be issued licenses for more than two spaces.

(h) In issuing licenses, the Department shall give preference to persons already holding licenses who file application for renewal at least 10 days before the expiration of the existing licenses.

(4) Spaces.

(a) No vendor shall occupy any space other than that assigned to him.

(b) The spaces shall be arranged so that between every three spaces there is an opening or passageway at least two feet wide.

(c) No space shall be established in front of a church or school building or at other locations where the Department finds that such use of the street will be detrimental to the public health, safety or welfare.

(5) Hours of Doing Business.

(a) Except as provided in § 9-201(5)(b), curb markets may be open for business daily between the hours of 6 A.M. and 7 P.M., except on Friday and Saturday, when they may be open until 10 P.M.
(b) No curb market may be occupied or used on Sunday.

(6) Products Which May Be Sold.

(a) Curb markets shall sell only fresh fruits and fresh vegetables, boxed fresh eggs, frankfurter sandwiches, shoes and dry goods.[10]

(b) The prohibitions set forth in section 9-205(8)(r), relating to the Pennsylvania Trademark Act, and the enforcement mechanisms set forth therein, shall apply in any curb market.[11]

(7) Conduct of Vendors.

(a) All merchandise shall be stored in the space assigned and shall be sold from carts. No other merchandise, containers, devices or matter of any kind may be placed by or for the vendor on any other part of the street.

(b) Vendors who sell food shall comply with the provisions of Title 6 as well as with the provisions of this section.

(c) Vendors shall not litter the street and shall provide suitable receptacles for refuse and waste matter, which shall be removed by them at the close of business each day.

(d) At least once each business day, each vendor shall clean the space assigned to him and the portion of the street adjacent to it.

(8) Supervision of Curb Markets.

(a) The Department shall supervise and control curb markets and shall enforce the provisions of this Section.

(9) Penalties.[12]

(a) If any person violates any provision of this Section, the Department shall serve written notice upon him directing him to comply with the provisions of this Section within such reasonable period, not less than 24 hours, as the Department determines.

(b) After the expiration of the time stated in the notice, if the offender has not corrected the violation, the Department may itself or by contract remove his cart or any goods that are in the space. The cost shall be charged against the offender and the Law Department may take action for the collection of such costs, by lien or otherwise, as authorized by law.

(c) After the expiration of the time stated in the notice, if the offender has not corrected the violation, the Department may revoke his license. Such revocation shall be by written notice and shall not entitle the licensee to refund of any part of the license fee. When any license is revoked, the space affected shall be available for reassignment.