§9-205. Sidewalk Sales. [37]


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

(a) Stands. Any stand, showcase, table, bench, rack, cart, stall or any other fixture or device whatever which is used for the purpose of displaying, exhibiting, carrying, transporting, storing or offering for sale, or the selling of any goods, wares or merchandise upon the sidewalk;

(b) Goods, Wares and Merchandise shall include but not be limited to vegetables, produce, garden truck, fruits, plants, flowers, pretzels, or food, drinks, ice cream, dairy products, cakes, pies, pastries or candy sold for immediate consumption, leather goods, cosmetics, beauty aids, hair pieces, wearing apparel of any kind, jewelry, ornaments, art work, decorative items, tobacco, or tobacco products, except paperbound or clothbound books, magazines, periodicals or newspapers only when sold or offered for sale in accordance with and subject to § 9-212, relating to newsstands;[38]

(c) Sidewalk. All that area legally open to the public use as a pedestrian public way between the curb line and the legal building line of the abutting property;

(d) Vendor. Any person who exhibits, displays, offers for sale or sells any goods, wares or merchandise from any stand while on the sidewalks or other property owned or controlled by the City of Philadelphia. Vendor shall also include any "peddler," "hawker," "huckster," "itinerant merchant" or "transient vendor" whose activities or conduct are not covered by Sections 9-201 or 9-203.[39]

(2) Exemptions. The provisions of this Section shall not apply to:

(a) Goods, wares, or merchandise temporarily deposited on the sidewalk in the ordinary course of delivery, shipment or transfer;
(b) The placing and maintenance of stands or sales devices for the sale, display or offering for sale newspapers, magazines, and periodicals.[40]

(c) The display and sale of Christmas trees pursuant to a permit issued by the Department during the three weeks prior to December 25.

(3) License. It shall be unlawful for any person to engage in the business of sidewalk selling unless he or she has first obtained a license from the Department of Licenses and Inspections.

(a) Each license issued shall show the name and address of the licensee, the type of license issued, the kind of goods to be sold, the amount of the license fee, the date of issuance, the license number and a photograph of the licensee not less than two inches square nor more than three inches square.

(b) Every license to engage in the business of sidewalk sales shall be issued as of the first day of January of the current calendar year and shall be effective, unless suspended or revoked, until the thirty-first day of December of the same calendar year.

(4) Issuance. No license shall be issued unless:

(a) The applicant furnishes any relevant information the Department requires, including but not limited to:

(.1) a physical description of the applicant, proof of identity and address, together with two photographs of the applicant, not less than two inches square, nor more than three inches square;

(.2) a brief description of what is to be sold;

(.3) if employed by another, the name and address of the person, firm, association, organization, company or corporation;

(.4) where the applicant-vendor or his employee or attendant proposes to sell anything that is to be eaten or drunk, such investigation or examination as the Department requires establishing that the applicant-vendor or his employee or attendant does not have any communicable diseases;

(.5) the vendor first pays an annual license fee in accordance with § 9-203(3)(b).[41]

(.6) In the case where the business owner is engaged in the use of sidewalk selling on his or her own business property, their sidewalk sale license will be eliminated. This amendment is not to supersede any ordinance placed on business owners who are restricted to have any sidewalk sales. This Amendment is not to include any license a business owner must attain when concerning a food handling license.[42]

(5) Identification and License Plate.

(a) Each vendor while engaged in the business of sidewalk selling shall, while vending under this Section, be required to carry a license on his person. In addition to the license, the Department shall issue a license plate and an identification badge to each vendor. The license plate shall bear the words "Sidewalk Sales," the year for which issued, the number of the license plate which shall correspond to the number which appears on the vendor's license, and the name of the licensee. The words "Sidewalk Sales" and the license plate number shall be of uniform size and plainly discernible. The license plate shall be attached by the vendor to the stand in a place which is clearly visible to the public. While engaging in the business of vending, every vendor shall wear a badge conspicuously on the right breast of the outer garment. The badge shall be of the shape, size and style prescribed by the Department of Licenses and Inspections having engraved or embossed thereon the words "Sidewalk Sales," the number of the license and the words "City of Philadelphia." The color of the identification badge and the license plate shall be changed at the beginning of each calendar year, however, both shall be the same color for any one year. Identification badges, license plates and licenses shall be used only by the person to whom they were issued or his employee and may not under any circumstances be transferred to any other person.

(b) The Department shall be notified of any change of business address or residence within thirty days, by notice either in writing or in person.

(6) Compliance. All licenses shall be conditioned on continued compliance with the provisions of Title 6 Health Code where applicable as well as with the provisions of this Section.

(7) All licenses will be issued according to regulations established by the Department of Licenses and Inspections.

(8) Prohibited Conduct. No vendor or person shall:

(a) engage in the business of vending unless his stand is mounted on at least two wheels which have a diameter of not less than eight inches;

(b) use a stand which is propelled by an internal-combustion engine;

(c) station, place, set up or maintain his stand on the sidewalk or allow it to remain there except at the curb line for the purpose of selling goods, wares or merchandise therefrom;

(d) station, place, set up or maintain his stand or allow it to remain on any sidewalk if to do so would place him closer than thirty feet to any other vendor who is vending on the sidewalk if not separated by a public street;

(e) conduct himself or his business in such a way as would:

(.1) substantially restrict, obstruct, interfere with or impede the pedestrian right-of-way;

(.2) substantially restrict, obstruct, interfere with or impede the ingress or egress from the abutting property;

(.3) create or become a nuisance;

(.4) increase traffic congestion, cause or increase traffic delay or hazards;

(.5) cause, create or constitute a danger to life, health or property;

(f) sell food, drinks, ice cream or confections of any kind for immediate consumption unless he has available for public use his own litter receptacle, which shall be clearly marked and maintained for his patrons' use, nor shall any vendor leave any location without first picking up, removing and disposing of all trash or refuse remaining from sales made by him;

(g) use a stand or combination thereof the dimensions of which exceed four feet in width, eight feet in length and eight feet in height;

(h) use any stand which, when fully loaded with merchandise, cannot be easily moved and maintained under control by the licensee, his employee or attendant;

(i) use, set up, attach, place or permit the use of any table, crate, carton, rack, device or structure of any kind to increase the selling or display capacity of his stand;

(j) leave any stand unattended at any time or store, place or leave same overnight on any sidewalk or public way of the City;

(k) sell any merchandise or other articles or thing whatsoever on any property owned or controlled by the City of Philadelphia, except for sidewalks, unless permission has been expressly granted by the City of Philadelphia.[43]

(l) engage in the business of vending between twelve midnight and seven A.M.;

(m) Station, place set-up or maintain his stand or his goods, wares, or merchandise, or allow them to remain on any part of the sidewalk for sale or display or be sold if to do so would place the vendor or his goods, wares or merchandise closer than ten feet from the intersection of the legal building line, produced, of intersecting streets or sidewalks, or reduce the unobstructed pedestrian right-of-way to less than six feet.[44]

(.1) The Department of Streets may from time to time by regulation change the width of the pedestrian right-of-way space required, as circumstances require.

(n) engage in the business of vending at any location where the curbs have been depressed to facilitate pedestrian or vehicular movement;

(o) be permitted to have more than one licensed stand on any street where vending is permitted;

(p) exhibit, display, offer for sale or sell any goods, wares, or merchandise or place or allow any stand to remain on the sidewalks of the following streets or any other location[45] which the Council shall from time to time ordain:

(.1) Arch street, between Front street and the Schuylkill River;

(.2) Armat street, between Germantown avenue and Lena street;

(.3) Broad street, between Vine street and Pine street;

(.4) Chelten avenue, between Wissahickon avenue and Chew street;

(.5) Chestnut street, between Front street and the Schuylkill River;

(.6) Frankford avenue, between Cheltenham avenue and Adams avenue, provided that owners of business properties on Frankford avenue between Adams avenue and Brill street may engage in sidewalk sales within three (3) feet of the building line in front of their business if they comply with all provisions of this Section 9-205 (including, but not limited to, the license requirements of subsection (3)), except that such business owners shall be exempt from the following provisions: subsection (8)(c), relating to placement of stands at the curb line; subsection (8)(d), relating to proximity to other licensed vendors; subsection (8)(o), relating to the number of stands; and that part of subsection (8)(m) which prohibits the placements of stands within ten feet of the intersection as defined therein;[46]

(.7) Germantown avenue, between York street and Butler street;

(.8) Germantown avenue, between Coulter street and Washington lane;

(.9) Greene street, between Coulter street and Washington lane;

(.10) Market street, between Front street and the Schuylkill River;

(.11) Pratt street, between Griscom street and Darrah street;

(.12) Walnut street, between Front street and the Schuylkill River;

(.13) Wayne avenue, between Coulter street and Washington lane;

(.14) Woodlawn avenue, between Germantown avenue and Kenyon street;

(.15) Within the area bounded by the Schuylkill River, the right-of-way of the Penn Central Railway and Spring Garden street;

(.16) South side of Market street, between Fifty-first street and Fifty-third street; east and west sides of Fifty-second street, between Market street and Spruce street;

(.17) Columbia avenue, between Tenth street and Broad street;[47]

(.18) North and south sides of Baltimore avenue, between Forty-sixth street and Fifty-second street; east and west sides of Forty-ninth street, between Baltimore avenue and Florence avenue; north side of Catherine street, between Forty-ninth street and Fiftieth street;

(.19) Juniper street, between Filbert street and Walnut street;

(.20) East side of Kensington avenue, between Allegheny avenue and Hilton street;

(.21) North side of Market street, between Fifty-first street and Fifty-third street; east and west sides of Fifty-second street, between Market street and Haverford avenue;

(.22) West side of Ogontz avenue, between Spencer street and Church lane;

(.23) Both sides of Ontario street, between Seventeenth street and Eighteenth street;

(.24) North and south sides of Pratt street, between Darrah and Penn streets;

(.25) Broad street, from the south side of I-95 to the Philadelphia Naval Base;

(.26) Within the area bounded by Oregon avenue, I-95, Front street as extended to I-95 and Twentieth street as extended to I-95, including both sides of any street bounding this area;[48]

(.27) East and west sides of Kensington avenue, between Orleans street and the south side of Allegheny avenue;

(.28) Both sides of Fifth street, between Duncannon avenue and Champlost avenue;

(.29) Both sides of Alney avenue, between Fourth street and Sixth street;

(.30) Germantown avenue, both sides, from Cresheim Valley drive to Chestnut Hill avenue;
(.31) Bethlehem pike, both sides, from Germantown avenue to Newton street;

(.32) Cresheim Valley drive within the area of Fairmount Park;

(.33) Mermaid lane, both sides, between Crefeld street and Devon street;

(.34) Moreland avenue, both sides, between Crefeld street and Devon street;

(.35) Springfield avenue, both sides, between Crefeld street and Winston road;

(.36) Benezet street, both sides, between Germantown avenue and Winston road;

(.37) Willow Grove avenue, both sides, between Crefeld street and Winston road;

(.38) Wooddale avenue, both sides, between Germantown avenue and Winston road;

(.39) Abington avenue, both sides, between Roanoke street and Ardleigh street;

(.40) Both sides of Hartwell lane, Southampton avenue, Gravers lane, Highland avenue and Evergreen avenue, between Shawnee street and Ardleigh street;

(.41) Rex avenue, both sides, between Germantown avenue and Shawnee street;

(.42) Chestnut Hill avenue, both sides, between Shawnee street and Bethlehem pike;

(.43) Both sides of Woodland avenue, between Sixtieth street and Sixty-seventh street, except that sidewalk sales shall be permitted by business owners on the sidewalk abutting their business properties.[49]

(.44) Venango street, both sides, from Broad street to Thirteenth street;[50]

(.45) Tioga street, both sides from Broad street to Thirteenth street[51]

(.46) Erie avenue, both sides, from Broad street to Thirteenth street;[52]

(.47) Triangular area bounded by Germantown avenue, Erie avenue and Broad street;[53]

(.48) Victoria street, both sides, from Germantown avenue to Elser street[54];

(.49) Allegheny avenue, both sides between Jasper street and "G" street except that sidewalk sales shall be permitted on the north side of Allegheny avenue from a point between Kensington avenue and a point fifty feet east of the east curb of Kensington avenue.[55]

(.50) Germantown avenue, both sides from Washington lane to Cresheim Valley drive;[56]

(.51) Twenty-second street, both sides, from Somerset street to Indiana avenue.[57]

(.52) Cambria street, both sides, from Twenty-first street to Twenty-third street;[58]

(.53) Indiana avenue, both sides, from Twenty-first street to Twenty-third street;[59]

(.54) East and west sides of the 3200 and 3300 block of Kensington avenue;[60]

(.55) Both sides of Conshohocken avenue between City avenue and Belmont avenue;[61]

(.56) Front street, between Spruce street and South street;[62]
(.57) Lombard street, between Front street and Third street;[63]

(.58) Pine street, between Front street and Third street;[64]

(.59) Second street, between Spruce street and South street;[65]

(.60) Frankford avenue, both sides, from Tyson avenue to Sheffield street;[66]

(.61) Cottman avenue, both sides, from Charles street to Leon street;[67]

(.62) Sixtieth street, Sixty-first street, Sixty-second street, Sixty-third street, Sixty-fourth street, Sixty-fifth street, and Sixty-sixth street, between Greenway avenue and Paschall avenue;[68]

(.63) Both sides of Tabor road, between Fourth street and Sixth street;[69]

(.64) Both sides of Chew street, between Fourth street and Sixth street;[70]

(.65) Greene street, both sides, from Coulter street to Hansberry street;[71]

(.66) Queen lane, both sides, from Germantown avenue to Wayne avenue;[72]

(.67) Penn street, both sides, from Germantown avenue to Wayne avenue;[73]

(.68) Coulter street, both sides, from Germantown avenue to Wayne avenue;[74]

(.69) Both sides of Haverford avenue between Sixty-seventh street and Sixty-eighth street;[75]

(.70) Island avenue between Elmwood and Bartram avenues;[76]

(.71) Lindbergh boulevard between Fifty-eighth and Eighty-eighth streets;[77]

(.72) Mario Lanza boulevard between Lindbergh boulevard and Eighty-sixth street;[78]

(.73) Island avenue between Bartram and Penrose avenues;[79]

(.74) Ryan avenue, both sides, from Frankford avenue to Rowland avenue;[80]

(.75) Leon street, both sides, from Tyson avenue to Sheffield avenue;[81]

(.76) Both sides of South street, between Front street and Eighth street;[82]

(.77) South Broad street, between Wharton street and McKean street;[83]

(.78) Second street, between Market street and Walnut street;[84]

(.79) Chestnut street, between Front street and Third street;[85]

(.80) The east side of Kensington avenue between Orleans street and Clearfield street;[86]

(.81) The south side of Clearfield street between Kensington avenue and Ruth street;[87]

(.82) East side of Fifth street, between Market street and Chestnut street;[88]

(.83) Both sides of Comly road between Academy road and Caroline road;[89]

(.84) Both sides of Point Breeze avenue, between Federal street and Tasker street;[90]

(.85) Both sides of Wharton street, between Twentieth street and Twenty-first street;[91]

(.86) Both sides of Reed street, between Twenty-first street and Twenty-second street;[92]

(.87) Both sides of Dickinson street, between Twenty-first street and Twenty-second street;[93]

(.88) Both sides of Tasker street, between Twenty-first street and Twenty-second street.[94]

(.89) South side of Oregon avenue between Front and Randolph street;[95]

(.90) The east side of Tenth street from Locust street to Walnut street; the west side of Ninth street from Locust street to Walnut street; the south side of Walnut street from Ninth street to Tenth street; and the north side of Locust street from Ninth street to Tenth street;[96]

(.91) Second street, both sides, building line to curb line, from Lombard street to South street;[97]

(.92) Front street, both sides, from Pine street to South street;[98]

(.93) Knights road, both sides, between Fairdale and Academy roads;[99]

(.94) President street, both sides, between Bustleton avenue and Wisteria street;[100]

(.95) Bustleton avenue, both sides, between President street and Bowler street;[101]

(.96) Ogontz avenue, 7300--7500 blocks, odd side;[102]

(.97) Harrison street, both sides, between Horrocks and Leiper streets;[103]

(.98) Wakeling street, both sides, between Horrocks and Penn streets;[104]

(.99) Allengrove street, both sides, between Horrocks and Oakland streets;[105]

(.100) Oxford avenue, both sides, between Penn and Dyre streets;[106]

(.101) Oakland street, both sides, between Foulkrod and Dyre streets;[107]

(.102) The east side of Twelfth street between Market and Arch streets;[108]

(.103) Both sides of Eleventh street between Filbert and Arch streets;[109]

(.104) Seventieth street between Essington and Elmwood avenues;[110]

(.105) Eighty-first street between Bartram avenue and Cobbs Creek at the City limit;[111]

(.106) Dunksferry road, both sides, between Belgreen road and Mechanicsville road;[112]

(.107) Third street, east side, from Lombard street to South street;[113]

(.108) West side of Ninth street, between Walnut street and Moravian streets;[114]

(.109) Port Royal avenue, from Henry avenue to a point one thousand one hundred feet east thereof, both sides;[115]

(.110) Cathedral road between Ridge avenue and Brierdale road, both sides;[116]

(.111) Vine street, both sides, building line to curb line, between Broad street and Sixth street;[117]

(.112) Leonard street between Stanwood street and Solly avenue, both sides;[118]

(.113) Solly avenue between Roosevelt boulevard and Bradford street, both sides;[119]

(.114) Bradford street between Stanwood street and Hoffnagle street, both sides;[120]

(.115) 1600 block East Upsal street, both sides;[121]

(.116) Godfrey avenue, both sides, between Rising Sun and Newtown avenues;[122]

(.117) Fourth street, both sides, between Market street and Chestnut street;[123]

(.118) Tacony Creek Park, bounded by Cheltenham avenue, Hammond street, Crescentville road and Newtown road;[124]

(.119) American street, both sides, between Pine street and South street;[125]

(.120) Thirteenth street, both sides, from Moore street to Mifflin street;[126]

(.121) East Passyunk avenue, both side, between Tasker street and McKean street;[127]

(.122) Moore street, both sides from Twelfth street to Thirteenth street;[128]

(.123) McKean street, both sides, from Thirteenth street to Broad street;[129]

(.124) Juniper street, both sides from McKean street to Passyunk avenue;[130]

(.125) Twelfth street, both sides, between Morris street and Moore street;[131]

(.126) Dock street, both sides, between Front street and Second street.[132]

(.127) Both sides of Welsh road, from Roosevelt boulevard, to Leonard street;[133]

(.128) Both sides of Lehigh avenue, between Nineteenth street and Twenty-third street;[134]

(.129) Both sides of Somerset street, between Twentieth street and Twenty-first street;[135]

(.130) Both sides of Lehigh avenue, between Nineteenth street and Twenty-third street;[136]

(.131) Both sides of Somerset street, between Nineteenth street and Twenty-third street;[137]

(.132) Both sides of Twentieth street, between Sedgley avenue and Cambria street;[138]

(.133) Both sides of Twenty-first street, between Lehigh avenue and Cambria street;[139]

(.134) Both sides of Twenty-second street, between Glenwood avenue and Somerset street;[140]

(.135) Both sides of Welsh road, from Leonard street to Blue Grass road;[141]

(.136) Krewstown road, west side, between Grant avenue and Gregg street;[142]

(.137) Gregg street, north side, between Krewstown road and Alton street;[143]

(.138) Grant avenue, south side, between Krewstown road and Alton street;[144]

(.139) Decatur road, both sides, between Comly road and Red Lion road;[145]

(.140) Ontario street, north side, between Broad street and Germantown avenue;[146]

(.141) Broad street, east side, from the northeast corner of Ontario street to a point three hundred twelve feet north thereof;[147]

(.142) Thirteenth street, both sides, between Catharine and Christian streets;[148]

(.143) The south side of Pine street between Thirteenth and Camac streets;[149]

(.144) Bustleton avenue, both sides, between Fox Chase road and Bergen street;[150]

(.145) Cayuga street, both sides, between "I" street and Castor avenue;[151]

(.146) Belmont avenue, both sides, between City Line avenue and Parkside avenue;[152]

(.147) Ford road, both sides, between Belmont avenue and Conshohocken avenue;[153]

(.148) Third street, the west side, between Lombard street and South street;[154]

(.149) Third street, both sides, between South street and Bainbridge street;[155]

(.150) Orianna street, both sides, between South street and Bainbridge street;[156]

(.151) Fourth street, both sides, between Lombard street and Bainbridge street;[157]

(.152) Leithgow street, both sides, between Lombard street and Bainbridge street;[158]

(.153) Fifth street, both sides, between Lombard street and Bainbridge street;[159]

(.154) Randolph street, both sides, between Lombard street and Bainbridge street;[160]

(.155) Sixth street, both sides, between Lombard street and Bainbridge street;[161]

(.156) Passyunk avenue, both sides, between South street and Bainbridge street;[162]

(.157) American street, both sides, between South street and Bainbridge street;[163]

(.158) Both the east side of Eleventh street and the west side of Tenth street between Chestnut and Walnut streets;[164]

(.159) Decatur road between Comly road and Academy road, both sides;[165]

(.160) Red Lion road between Decatur road and Academy road, both sides;[166]

(.161) Pickering avenue, between Mt. Airy avenue and Gowen avenue, both sides;[167]

(.162) Both sides of Twelfth street between Chestnut and Sansom streets;[168]

(.163) Both sides of Eleventh, Twelfth and Thirteenth streets, between Bainbridge and Carpenter streets;[169]

(.164) Both sides of Girard avenue between Frankford and Susquehanna avenues;[170]

(.165) James street, between Orthodox street and Pratt street, both sides;[171]

(.166) Wakeling street, between Cottage street and Tacony street, both sides;[172]

(.167) Both sides of Thirteenth street between Christian and Carpenter streets;[173]

(.168) Both sides of Haverford avenue between City Line avenue and Brookhaven road;[174]

(.169) East side of Thirty-eighth street from Spruce street to a point four hundred twenty feet north of Spruce street; and the north side of Spruce street from Thirty-eighth street to a point one hundred seventy feet east of Thirty-eighth street;[175]

(.170) North side of Walnut street, from Thirty-fourth street to a point six hundred feet west of Thirty-fourth street; the west side of Thirty-fourth street from Walnut street to the south side of Sansom street; and both sides of Sansom street between Thirty-fourth and Thirty-sixth streets;[176]

(.171) Ramona avenue from Fisher's lane to Wyoming avenue, both sides;[177]

(.172) Wyoming avenue from "H" street to Castor avenue, both sides;[178]

(.173) Castor avenue from Wyoming avenue to Cayuga street, both sides;[179]

(.174) "I" street from Cayuga street to Ramona avenue, both sides;[180]

(.175) "H" street from Ramona avenue to Wyoming avenue, both sides;[181]

(.176) Wadsworth avenue, from Michener avenue to Cheltenham avenue, both sides;[182]

(.177) Sixth street, both sides, between Sansom and Walnut streets;[183]

(.178) Seventh street, both sides, between Sansom and Walnut streets;[184]
(.179) The area bordered by and including: the west side of Sixth street through the west side of Ninth street and the north side of Lombard street through the south side of Bainbridge street, and the following streets contained therein:

(.a) Seventh street, between Lombard street and Bainbridge street;

(.b) Eighth street, between Lombard street and Bainbridge street;

(.c) Rodman street, between Sixth street and Ninth street;

(.d) South street, between Sixth street and Ninth street; and,

(.e) Kater street, between Sixth street and Ninth street.[185]

(.180) Eastwood street, from Rhawn street to Solly avenue, both sides.[186]

(.181) 500 Block of South Second street, between Lombard and South streets on Second street;[187]

(.182) Water street from Jackson street to McKean street; Swanson street from Jackson street to McKean street; and Snyder avenue from Water street to Vandalia street;[188]

(.183) Passyunk avenue between Reed street and Dickinson street (1400 block East Passyunk avenue);[189]

(.184) Reed street between Tenth street and Eleventh street (1000 block of Reed street).[190]

(.185) 7200 block Walnut lane (both sides)[191]

(.186) 1900 block Walnut lane (both sides)[192]

(.187) 2100 block Seventy-second avenue (both sides)[193]

(.188) 7100 block North Twentieth street (both sides)[194]

(.189) 1900 block Middleton street (north side)[195]

(.190) 2400 block of Aramingo Avenue.[196]

(.191) West side of Eighteenth street, between Arch street and the Benjamin Franklin parkway.[197]

(.192) Cherry street, between Eighteenth and Nineteenth streets.[198]

(.193) The Central Waterfront Area: the area bounded by,

The south side of Spring Garden street, projected to the Pierhead line of the Delaware River; the Pierhead line of the Delaware River to the North side of Reed street; the North side of Reed street to the East side of the Route I-95 right-of-way; the East side of the Route I-95 right-of-way to the South side of Spring Garden street including adjacent areas extending approximately one block due west of the western limit of the Delaware avenue right-of-way and one block due east of the eastern limit of the Delaware avenue right-of-way.[199]

(.194) Ogontz avenue (both sides) from the 7100 block to the (but not including) 7900 block.[200]

(.195) Knights road from Frankford avenue to County Line (both sides); Academy road from Frankford avenue to Knights road (both sides); Mechanicsville road from Knights road to Medford road (both sides); Woodhaven road from Thornton road to Millbrook road (both sides); 12000 block of Millbrook road (both sides); 3900 block of Fairdale road to 4200 block of Fairdale road (both sides); Byberry road from Millbrook road to County Line (both sides); Byberry road from Woodhaven road to Thornton road (both sides).[201]

(.196) Frankford avenue from Sheffield street to Stanwood street both sides and on Rhawn street from Leon street to Walker street both sides.[202]

(.197) North side of Clearfield street between Kensington avenue and Ruth street.[203]

(.198) Stenton avenue (both sides) from Broad street to Ivy Hill road.[204]

(.199) Osler circle, both sides, Curie boulevard, both sides, the northwest side of Civic Center boulevard and the east side of University avenue from Civic Center boulevard to Curie boulevard.[205]

(.200) The area within the Ninth District from Ivy Hill road to Broad street (both sides) and from Cheltenham avenue to Stenton avenue, excluding the 8000 block of Ogontz avenue and the area within twenty-five feet of 2510 Cheltenham avenue:[206]

(.a) In the 8000 block of Ogontz avenue two vendors may occupy blockface, according to seniority.[207]

(.b) Within twenty-five feet of 2510 Cheltenham avenue three vendors may occupy blockface according to seniority.[208]

(.201) Fifth street, east side from Lombard street to a point fifty feet north of the north side of South street. Sidewalk Sales shall be permitted on the east side of Fifth street between South street and a point fifty feet north of the north side of South street.[209]

(.202) East and west sides of North Broad street from Somerville avenue to Stenton avenue.[210]

(.203) North and south side of Olney avenue between Thirteenth street and Fifteenth street.[211]

(.204) East and west sides of Old York road between Somerville avenue and Stenton avenue.[212]

(.205) North and south sides of Tabor road between Eleventh street and Old York road.[213]

(.206) North and south sides of Chew avenue between Thirteenth street and Fifteenth street.[214]

(.207) East and west sides of Park avenue between Grange avenue and Tabor road.[215]

(.208) Fourth street, east side, between Ranstead street (projected) and Market street. Sidewalk Sales shall be permitted on the east side of Fourth street between Chestnut street and Ranstead street (projected).[216]

(.209) Fourth street, west side, between Ludlow street and Chestnut street. Sidewalk Sales shall be permitted on the west side of Fourth street between Market street and Ludlow street.[217]

(.210) 2300 block of South Broad street (east side); 1300 block of Ritner street; 1300 block of Wolf street.[218]

(.211) Red Lion road, between Academy road and Knights road.[219]

(.212) Morrell avenue, between Academy road and Frankford avenue.[220]

(.213) Calera road, between Chalfont drive and Morrell avenue.[221]

(.214) West side of Thirty-sixth street from Chestnut street to a point two hundred forty-eight feet south of Chestnut street.[222]

(.215) Easterly side of Front street from the southerly side of Erie avenue to the centerline of the Philadelphia, Bustleton and Trenton Branch of the connecting railway.[223]

(.216) Southerly side of Erie avenue between Front street and "B" street.[224]

(.217) Easterly, southerly and westerly sides of "A" street.[225]

(.218) Westerly side of "B" street between Erie avenue and Venango street.[226]

(.219) East side of Eighteenth street, between Arch street and Cherry street.[227]

(.220) South side of Cherry street, between Seventeenth and Eighteenth streets.[228]

(.221) Fox Chase road between Bustleton avenue and Loretta avenue.[229]

(.222) Loretta avenue, between Fox Chase road and Bergen street.[230]

(.223) Both sides of every street or towpath contained within the area bordered by and including Green lane on the north, Cresson street on the east, Shurs lane on the south and the Schuylkill River on the west.[231]

(.224) the 2000 and 2100 blocks of Solly avenue.[232]

(.225) 8100 block of Large street.[233]

(.226) the area bounded by Roosevelt boulevard on the east, Rhawn street on the south, Verree road on the west and Welsh road on the north.[234]

(.227) Both sides of Ridge avenue between Shurs lane/Walnut lane and Paoli avenue, except that owners or tenants of the properties abutting the portion of Ridge avenue thus affected by this subsection shall be exempt from its provisions.[235]

(.228) 1100, 1200, 1300, 1400, 1500 blocks of South Broad street, east and west sides.[236]

(.229) the area bounded by Red Lion road on the south, Bucks County Line on the north, Roosevelt boulevard on the east and Montgomery County Line on the west.[237]

(.230) Sidewalk sales will be permitted on that portion of the east side of Fifth street beginning seven feet from the east side of Fifth street for a distance of twenty-five feet and on that portion of the north side of Chew avenue beginning seventeen feet from the north side of Chew avenue for a distance of nineteen feet, twelve feet from each curb.[238]

(.231) the area bounded by Twenty-fifth street on the east, Thirtieth street on the west, Poplar street on the south and Thompson street on the north.[239]

(.232) 2300 block of South Broad street, west side.[240]

(.233) on Henry avenue from Indian Queen lane to Roberts avenue.[241]

(.234) Sidewalk sales will be permitted on that portion of the west side of Fifth street beginning ten feet from the west side of Fifth street for a distance of thirty-seven feet and on that portion of the south side of Chew avenue beginning nine feet from the south side of Chew avenue for a distance of twelve feet, twelve feet from each curb.[242]

(.235) on Queen lane from Wissahickon avenue to Fox street.[243]

(.236) Thirty-three hundred (3300) block of Henry avenue.[244]

(.237) Sidewalk Sales shall be permitted by business owners on their business property from East Passyunk avenue both sides between Tasker street to McKean street.[245]

(.238) The area bounded on the northwest side of Cathedral road, the northeast side of Ridge avenue, the southeast side of Port Royal avenue and the southwest side of Hagys Mill road.[246]

(.239) Parkside avenue from Belmont avenue to Wynnefield avenue (both sides).[247]

(.240) Sidewalk Sales shall be permitted by business owners on their business property along Frankford avenue, both sides between Unity street and Foulkrod street.[248]

(.241) The area bounded by Girard avenue on the north, Poplar street on the south, Front street on the east and Third street on the west.[249]

(.242) The area bordered by and within both sides of Sixtieth street between Nassau road and the right-of-way for the SEPTA regional rail line; both sides of Nassau road between Sixtieth street and Fifty-seventh street; both sides of Fifty-seventh street between Nassau road and the right-of-way for the SEPTA regional rail line; and, the right-of-way for the SEPTA regional rail line between Fifty-seventh street and Sixtieth street.[250]

(.243) Washington avenue, from Twentieth street to Twenty-second street.[251]

(.244) Twenty-second street, from Washington avenue to Ellsworth street.[252]

(.245) Front street between Dock street and Walnut street, both sides;[253]

(.246) Dock street north side between Christopher Columbus boulevard and Front street.[254]

(.247) Eleventh street, west side, between Arch street and Race street;[255]

(.248) Twelfth street, both sides, between Market street and Race street;[256]

(.249) Thirteenth street, both sides, between Market street and Race street;[257]

(.250) Arch street, both sides, between Eleventh street and Thirteenth street;[258]

(.251) Race street, both sides, between Eleventh street and Thirteenth street.[259]

(.252) 1300 Castle street (both sides).[260]

(.253) Godfrey avenue, both sides Front street to Crescentville road; Front street, both sides Olney avenue to Cheltenham; Spencer avenue both sides from Front street to "A" street; on "A" street both sides from Spencer street to Champlost avenue; on Champlost avenue, both sides from "A" street to Crescentville road; on Crescentville road, both sides Champlost avenue to Cheltenham avenue; on Hammond street, from Nedro to Champlost.[261]

(.254) Reserved.

(.255) 6000 block of Rising Sun avenue, both sides.[262]

(.256) 6000 block of Hasbrook street, both sides.[263]

(.257) 400 block of Comly street, both sides.[264]

(.258) 400 block of Lardner street, both sides.[265]

(.259) Chestnut street from Thirty-first street to Thirty-third street.[266]

(.260) Market street from Thirty-first street to Thirty-third street.[267]

(.261) Thirty-second street east side from Market street to Chestnut street.[268]

(.262) 1800 through 2500 blocks of East Lehigh avenue, both sides.[269]

(.263) 2000 through 2500 blocks of Frankford avenue, both sides.[270]

(.264) The area bounded by the southeast side of Roosevelt boulevard, the northeast side of Woodhaven road, the northwest side of Thornton road, the northeast side of Byberry road, the northwest side of Dunks Ferry road, and the southwest side of the Bucks County Line.[271]

(.265) The area on the east side of Frankford avenue to Rowland avenue from Tyson avenue to Stanwood street and on the east side of Frankford avenue to Torresdale avenue from Tyson avenue to Stanwood street.[272]

(.266) The area on Comly street, both sides, from Keystone to Milnor street.[273]

(.267) The area bordered by the Tacony Creek on the south side, Sanger street on the north side, Newtown road on the west side and Bingham street on the east side.[274]

(.268) Rising Sun avenue both sides within a one block radius from Adams avenue to Longshore avenue.[275]

(.269) Sidewalk Sales shall be permitted by business owners on their business property on Washington avenue, both sides, from Twenty-second street to Twenty-fourth street and on Twenty-second street, both sides, from Washington avenue to Carpenter street.[276]

(.270) The area bounded by Henry avenue on the southwest side, Abbottsford avenue and McMichael street on the west side, Fox street on the north side and Roberts avenue on the east side, except that sidewalk sales are permitted on the 3200 block of Fox street on the east side.[277]

(.271) The area on the 1600 blocks of Bridge street, Granite street and Pratt street, both sides.[278]

(.272) Sidewalk Sales shall be permitted by business owners on their business property located at 2545 Island avenue.[279]

(.273) 2400 and 2500 blocks of South Sixty-sixth street, both sides, and the 2400 and 2500 blocks of South Sixty-seventh street, both sides.[280]

(.274) 400 block and 1800 block of East Somerset street.

(.275) 2800 block of "D" street.

(.276) 500 block and 1800 block of East Hart lane.

(.277) 1800 block of East Monmouth street.

(.278) 500 block and 1800 block of East Cambria street.

(.279) 2900 block of "E" street.

(.280) 600 block of East Indiana street.

(.281) 1800 block of East Orleans street.

(.282) 3000 block of "F" street.

(.283) 700 block and 1800 block of East Clearfield street.

(.284) 3100 block of "G" street.

(.285) 800 block of East Clementine street.

(.286) 1800 block of East Lippincott street.

(.287) 1800 block of East Wishart street.

(.288) 3200 block of Shelborne street.

(.289) 3100 and 3200 blocks of Jasper street.

(.290) 800 block and 1800 block of East Allegheny avenue.

(.291) 3200 block of "H" street.

(.292) 900 block and 1800 block of East Westmoreland street.

(.293) 3300 block of "I" street.

(.294) 1800 block of East Cornwall street.

(.295) 1800 block of East Wensley street.

(.296) 1800 block of East Thayer street.

(.297) 900 block and 1800 block of East Ontario street.

(.298) 3400 block of "J" street.

(.299) Sidewalk Sales shall be permitted by business owners and operators on the sidewalk immediately adjacent to their building line up to a distance of three (3) feet from said building line on Kensington avenue, both sides, from Lehigh avenue to Tioga street and on East Allegheny avenue, both sides, in the 800 and 1800 blocks, provided that a free and clear distance of eight (8) feet be maintained for pedestrian travel.[281]

(.300) Erie avenue between Seventh street and Marshall street.[282]

(.301) The 2200 block and 2300 block of Tremont street.[283]

(.302) Rising Sun avenue, both sides, from Longshore avenue to Cottman avenue;[284]

(.303) Oxford avenue, both sides, from Magee avenue to Rhawn street.[285]

(.304) The area bounded by and within the east and west sides of Fifty-first street, between Parkside avenue and Columbia avenue; the north and south sides of Columbia avenue, between Fifty-first street and Fifty-second street; the east side of Fifty-second street between Columbia avenue and Parkside avenue; and the south side of Parkside avenue, between Fifty-first street and Fifty-second street.[286]

(.305) The area bordered by and within the east and west sides of Sixty-third street, between Woodbine avenue and Lancaster avenue; the north and south sides of Malvern avenue, between Sixty-third street and Wynnewood road; the east and west sides of Wynnewood road, between Malvern avenue and Woodbine avenue; and, the north and south sides of Woodbine avenue between Sixty-third street and Wynnewood road.[287]

(.306) Sidewalk sales shall be permitted by business owners in front of their business property located at 1930 West Passyunk avenue. Such business owners shall comply with all provisions of this section 9-205, including but not limited to the license requirements of subsection (3), except that they shall be exempt from the following provisions: subsection (8)(c), relating to placement of stands at the curb line; subsection (8)(o), relating to the number of stands; and that part of subsection (8)(m) which prohibits the placement of stands within ten feet of the intersection as defined therein.[288]

(.307) The 3000 block of Market street, south side.[289]

(.308) Sidewalk sales shall be permitted by business owners or operators on the sidewalk immediately adjacent to their business property from Lansdowne avenue both sides between Fifty-ninth street to Sixty-third street. The provisions of § 9-205(8)(d) shall not apply.[290]

(.309) Linden avenue, both sides, from Frankford avenue to Academy road.[291]

(.310) State road, both sides, from Rhawn street to Linden avenue.[292]

(.311) Frankford avenue, both sides, from Harbison avenue to Tyson avenue.[293]

(.312) 2300 block of South Sixty-sixth street, both sides, and the 2300 block of South Sixty-seventh street, both sides.[294]

(.313) Haldeman avenue, both sides, from Bustleton avenue to Roosevelt boulevard.[295]

(.314) Both sides of the 1500 block of Bridge street.[296]

(.315) Both sides of the 1500 block of Pratt street.[297]

(.316) Northeast boulevard, both sides, from Red Lion road to Woodhaven road.[298]

(.317) At any of the following locations (except that owners of business properties in such locations may engage in sidewalk sales within 40 of the building line in front of their businesses if they comply with all provisions of the Section 9-205, including, but not limited to, the license requirements of subsection (3), except that such business owners shall be exempt from the following provisions: subsection (8)(c), relating to placement of stands at the curb line; subsection (8)(d), relating to proximity to other licensed vendors; subsection (8)(o), relating to the number of stands; and that part of subsection (8)(m) which prohibits the placements of stands within ten feet of the intersection as defined therein):[299]

(.a) the 100 block of West York street;

(.b) the 1800 block of East York street;

(.c) the 2300 block of North Jasper street;

(.d) the 100 block of West Dauphin street;

(.e) the 2300 block of North Nope street;

(.f) the 2400 block of North Front street; and

(.g) Kensington avenue, from York street to Lehigh avenue.

(.318) The area bounded by Washington avenue on the north side, Twelfth street on the east side, Oregon avenue on the south side and Seventeenth street on the west side, except that vending shall be permitted at the northwest corner of Thirteenth street and Oregon avenue and on Broad street within twenty-five (25) feet of the southwest corner of Broad and Shunk streets.[300]

(.319) Frankford avenue, both sides, from Wakeling street to Bridge street.[301]

(.320) Torresdale avenue, both sides, from Harbison to Cheltenham avenue.[302]

(.321) Both sides of the 200 block of West Lehigh avenue.[303]

(.322) Both sides of the 900 through 1600 blocks of E. Cayuga street; both sides of the 900 through 1700 blocks of E. Hunting Park avenue; both sides of the 900 through 1600 blocks E. Bristol street; both sides of the 900 through 1600 blocks of E. Luzerne street; both sides of the 900 through 1600 blocks of E. Lycoming street; both sides of the 900 through 1600 blocks of E. Erie avenue; both sides of the 3700 through 4300 blocks of Castor avenue.[304]

(.323) Veree road from Oxford avenue to Bloomfield road and on Rhawn street from Pine road to Algon avenue.[305]

(.324) Both sides of the 2700 block of North American street.[306]

(.325) Baltimore avenue, 5700 block Mall side.[307]

(.326) Fifty-eighth street from Baltimore avenue to Hoffman street, both sides.[308]

(.327) The Sixth Councilmanic District. This prohibition shall not apply to sidewalk vending by an owner or tenant of an abutting building, provided that: (i) such vending is accessory to a business conducted by such owner or tenant in the abutting building; and (ii) no merchandise display or other stand shall be placed on the sidewalk except within three feet of the abutting building, and in no event shall a stand be placed on the sidewalk if it reduces the unobstructed pedestrian right-of-way to less than six feet. Such permitted sidewalk vending shall be exempt from all other provisions of this Section 9-205, including, but not limited to, the license requirement of subsection 9-205(3).[309]

(.328) The Fifty-Second Ward which encompasses the area bordered by and within the Schuylkill River and Girard avenue, west on Girard avenue to Parkside avenue, northwest on Parkside avenue to Belmont avenue, south on Belmont avenue to Girard avenue, west on Girard avenue to Lancaster avenue, northwest on Lancaster avenue to Fifty-ninth street, north on Fifty-ninth street to Upland Way, west and then northwest on Upland Way to Overbrook avenue, north on Overbrook avenue to City avenue, northeast on City avenue to the Schuylkill River, and south along the Schuylkill River to Girard avenue.[310]

(.329) Glenwood avenue, both sides, from Broad street to Sixteenth street.[311]

(.330) Broad street, westerly side, from Glenwood avenue to Indiana avenue.[312]

(.331) Unit block of South Thirtieth street, westside.[313]

(.332) Godfrey avenue from Fifth street to Broad street, both sides.[314]

(.333) Fifth street, from Godfrey avenue to Olney avenue, both sides.[315]

(.334) 2300 and 2400 blocks of Dickinson street.[316]

(.335) 2200 and 2300 blocks of Cross street.[317]

(.336) 2300 blocks of Wilder street.[318]

(.337) 2300 block of Gerritt street.[319]

(.338) 2200 block of Greenwich street.[320]

(.339) 1400 block of South Twenty-first street.[321]

(.340) 1400-1600 blocks of South Twenty-third street.[322]

(.341) 1400 and 1500 blocks of South Twenty-fourth street.[323]

(.342) 1400 and 1500 blocks of South Twenty-fifth street.[324]

(.343) 1400 and 1500 blocks of South Ringgold street.[325]

(.344) 1400 and 1500 blocks of South Taylor street.[326]

(.345) 2200 block of Tasker street.[327]

(.346) The area bounded by and within Wissahickon avenue from School House lane to the Roosevelt Boulevard Extension, the Roosevelt Boulevard Extension from Wissahickon avenue to Scotts lane, Scotts lane from the Roosevelt Boulevard Extension to Ridge avenue, Ridge avenue from Scotts lane to the Roosevelt Boulevard Extension, the Roosevelt Boulevard Extension from Ridge avenue to the Schuylkill River, the Schuylkill River from the Roosevelt Boulevard Extension to the Wissahickon Creek, the Wissahickon Creek from the Schuylkill River to Ridge avenue, Ridge avenue from the Wissahickon Creek to School House lane, and School House lane from Ridge avenue to Wissahickon avenue, except that sidewalk sales are permitted on the 5000 block of Wissahickon avenue on the west side; and except that sidewalk sales shall be permitted by building owners or their tenants where the sale items are accessory to their business operation and are contiguous to the business property. Such building owners or their tenants shall comply with all provisions of Section 9-205 including, but not limited to, the license requirements of subsection (3), except that such building owners or their tenants shall be exempt from the following provisions: subsection (8)(c), relating to placement of stands at the curb line; subsection (8)(d), relating to proximity to other licensed vendors; subsection (8)(d), relating to the number. of stands; and that part of subsection (8) (m) which prohibits the placement of stands within ten feet of the intersection as defined therein.[328]

(.347) 2200 block of Swanson street, both sides.[329]

(.348) The 1600, 1700, 1800 and 1900 blocks of North Front street.[330]

(.349) The 1700 block of North Frankford avenue.[331]

(.350) Palmer street, between Front street and Frankford avenue.[332]

(q) sell any noisemaking horn or object within a five (5) block distance of any point on a parade route through City streets during such a parade, or within the three (3) hour period immediately preceding the scheduled commencement thereof.[333]

(r) Exhibit, display, offer for sale, sell or hold for sale any goods, wares or merchandise that have applied to the goods themselves and/or their labels, signs, prints, packages, wrappers, receptacles or associated advertisements any reproduction, counterfeit, copy or associated advertisement any reproduction, counterfeit, copy or colorable imitation of any name or mark, whether registered or unregistered, in a manner likely to cause confusion or mistake or to deceive as to the source or origin of such goods, wares or merchandise, within the meaning of the Pennsylvania Trademark Act, 54 Pa. C.S. Section 1123, or any successor statutes or that consist of non-conforming recorded devices within the meaning of 18 Pa. C.S. Section 4116 or any successor statutes. Any goods, wares or merchandise held in violation of this subsection shall be subject to immediate seizure by the Department, if a uniformed police officer is present, for the purpose of holding such goods, wares or merchandise as evidence for prosecution under 18 Pa. C.S. Section 4116 or Section 4119 or any related or successor statute. Such items shall be held by the Department pending a hearing, to be held within forty-eight (48) hours of any request by the owner of such items, to determine if said items were held in violation of this subsection.[334]

(9) Penalties.[335]

(a) The penalty for violation of any provision of this Section or any other applicable Section of The Philadelphia Code, Philadelphia Traffic Regulations or Ordinances of City Council is, in addition to any other sanctions provided, a fine not exceeding one hundred (100) dollars for each offense together with revocation or suspension of the vendor's license. Each violation shall be evidenced by a separate written notice presented at time of citation for offense. A hearing on each violation shall be required before any fines, suspensions or revocations can occur. Each day of violation shall be deemed a separate offense.

(b) In addition to the penalties provided in Section (9)(a), the Department of Licenses and Inspections is hereby authorized, when a uniformed police officer is present, to remove any stand, equipment, goods, wares, merchandise or any other article or thing held for sale by any vendor who uses the sidewalk of any street in violation of this Section and refuses to immediately comply with this Section upon written notice of violation and an order to vacate the sidewalk. The vendor shall immediately be notified of the place where his property can be reclaimed and the vendor shall be entitled to immediately claim his property upon payment of the costs of removal.

(c) In addition to the penalties contained in (9)(a) and (b), any license issued under this Section may be suspended or revoked for any of the following reasons:

(.1) fraud, misrepresentation or knowingly false statement contained in the application for the license;

(.2) fraud, misrepresentation or knowingly false statement in the course of carrying on the business of vending under this Section;

(.3) conducting the business of vending under this Section in such a manner as to create a public nuisance, cause a breach of the peace or constitute a danger to the public health, safety, welfare, or morals or interfering with the rights of abutting property owners.

(10) Construction. No part of this Section or the Section itself shall be construed to be in amplification or derogation of the rights or responsibilities of abutting property owners. Any remedy, right or obligation provided to such owners of property or their successors in interest under the Law of Real Property or the Laws of the Commonwealth of Pennsylvania shall be in addition to the remedies, rights, obligations or penalties provided hereunder.

(11) Severability. Each of the provisions of this Section is severable, and if any provision is held invalid, the remaining provisions shall not be affected, but shall remain in full force and effect.