(1) Definitions.
(a) Blockface. One side of a
segment of a street that does not extend beyond any intersection with another
street, or a portion thereof;
(b) Neighborhood Business District. An
area within which sidewalk vending is regulated pursuant to this Section, which
is designated pursuant to Subsection 9-206(10);
(c) Sidewalk. All that
area legally open to public use as a pedestrian public way between the curb line
and the legal house line of the abutting property;
(d) Stand. Any
showcase, table, bench, rack, handcarts, pushcart, stall or any other fixture,
device or thing whatever which is used to display, exhibit, carry, transport,
store, offer for sale, or sell any food, beverages, goods, wares or merchandise
upon the sidewalk;
(e) Sidewalk Vendor. Any person who exhibits,
displays, offers for sale or sells any food, beverages, goods, wares or
merchandise from any stand while on the sidewalk;
(f) Street Vendor.
Any person vending as defined under 9-203(1)(a);
(g) Sidewalk Vendor
Location. A specified location within a permitted blockface that is designated
and marked by the Department where sidewalk vending may
occur.
(h) Street Vendor Location. A specified location within a
permitted blockface that is designated and marked by the Department where street
vending may occur.
(i) Vendor Site. A specific location within a
permitted blockface, that are designated and marked by the Department where
sidewalk vending may
occur.
[337] (j) Department.
Department of Licenses and Inspections.
(k) Private-Property Vendor.
Any business, not formally associated with any of the non-profit institutions
operating in the same Neighborhood Business District, which exhibits, displays,
offers for sale or sells any food, beverages. goods, wares or merchandise from a
movable structure no greater than thirty feet in any dimension and located on
private property.
(2) Exceptions: The provisions of this Section shall
not apply to:
(a) The temporary placement of goods, wares, or
merchandise on the sidewalk in the ordinary course of delivery, shipment or
transfer;
(b) The placing and maintenance of stands and other display
or sales devices for the sale, display or offering for sale of newspapers,
magazines, periodicals, paperbound books, and the maintenance of lottery
machines for the sale of the State Lottery as provided for by the State Lottery
Law;
(c) The display and sale of Christmas trees pursuant to a permit
issued by the Department during the three (3) weeks prior to December
25;
(d) Sidewalk vending in Center City, which is regulated pursuant to
Section 9-204 or sidewalk vending outside of a Neighborhood Business District,
which is regulated pursuant to Section 9-205;
(e) Sidewalk vending by
the owner or tenant of the abutting building that takes place within three feet
of said building.
(3) License. It shall be unlawful for any person to
engage in the business of a sidewalk vendor or a street vendor within a
neighborhood business district without first obtaining a license pursuant to
regulations established by the
Department.
[338] (a) All licenses
issued under this Section shall permit the licensee to conduct licensed
operations only at the vendor site designated in the license and assigned by the
Department, and only at that
site.
[339] (b) Every license shall
be non-assignable and non-transferable.
(4) Identification and License
Tags. Each person or his or her employee shall, while engaged in the business of
vending under this Section, carry a license on his or her person. In addition to
the license, the Department shall issue a neighborhood vending tag for the
specific Neighborhood Business District in which sidewalk vending may take
place.
(5) License Issuance and Renewal. Licenses shall be issued and
renewed upon payment of an annual fee of two hundred fifty (250) dollars and
pursuant to regulations established by the Department.
(a) Licenses
that are renewed shall permit the licensee to continue to vend from the same
vendor site as designated in the license being renewed.
(b) Issuance of
a license for a particular vendor site is not a guarantee that such vendor site
will remain a permitted vending location for the duration of the license or any
renewal periods. City Council may by ordinance remove a blockface from the list
of designated blockfaces, or reduce the number of vendor sites permitted on such
blockface. If City Council removes a blockface from the list of designated
blockfaces, vendors licensed for such blockface must apply to the Department for
a new blockface. If City Council reduces the number of vendors permitted on a
blockface, the Department shall determine which vendor or vendors may no longer
vend on such blockface, pursuant to the criteria set forth in subsection
9-206(6).
(6) Vendor Site Selection Process.
(a) Unless
otherwise provided with respect to a particular Neighborhood Business District,
applicants for vendor sites within a Neighborhood Business District shall be
selected according to the number of years the applicant has conducted licensed
vending operations within the Neighborhood Business District. The Department
shall detail this process by regulation, including provision for lotteries to
choose among applicants with equal seniority, and provision for waiting
lists.
(b) If a person applies for more than one license within a
Neighborhood Business District, such person may have his/her past vending
operations considered for a single vendor site.
(7) Trash Removal and
Clean Up.
(a) Licensees are responsible for keeping the sidewalk within
fifteen feet of their stands clean from all trash generated by their vending
operations, and for washing the sidewalk in the area occupied by their stand in
the manner and at frequencies specified by the Department by
regulation.
(b) Licensees must take with them at the end of each day
all trash, litter, garbage, refuse and waste, including but not limited to
greasy cooking water, generated by their vending operations. No Licensee may
place or deposit any trash, litter, garbage, refuse or any other wastes
generated by his or her licensed operations on the sidewalk, in any public
receptacle, or on any private property without the express permission of the
property owner.
(8) Permitted Stand Designs and Required Stand
Maintenance.
(a) Licensed sidewalk vendors may only use stands that
have been inspected and approved by the Department and in conformance with
design regulations promulgated by the Department. Such regulations shall address
the dimensions, structural materials, mobility, and other design aspects of the
stands, with the purpose of protecting public safety and ensuring that stands
are placed on the public rights-of-way and maintained in a neat, clean and
orderly fashion, and ensure that all stands:
(.1) not exceed four feet
in width, eight feet in length, or eight feet in height, such dimensions
including all merchandise extensions and coverings (provided that the
regulations may create exceptions permitting merchandise extensions and
coverings to be outside the dimensions of the stand if the public safety and
pedestrian right-of-way are protected), but excluding trailer hitches and
enclosed propane tanks located above the area occupied by such
hitches;
(.2) have storage areas not visible to the
public;
(.3) be capable of transporting all vendor's wares such
that vendor can set up and break down the stand without placing any objects on
the sidewalk or street beyond the four feet by eight feet allowable
space;
(.4) be of materials that are durable and easy to
clean;
(.5) have advertising and other signage limited to the name of
the stand or items sold and listing of items sold and price, in lettering not to
exceed prescribed size;
(.6) be readily movable by
vendor;
(.7) for stands from which are sold prepared food, produce,
flowers, or any other item or items which the Department by regulation
designates as generating trash, provide, within the four feet by eight feet by
eight feet permitted dimensions of the stand, or above the area occupied by a
trailer hitch, at least a twenty (20) gallon capacity trash storage area;
and
(.8) not be propelled by an internal combustion
engine.
(b) The regulations promulgated to subsection 9-206(8)(a) shall
include specifically approved designs. If a licensee wishes to use a design
other than one of those specifically approved by regulations, the licensee must
submit the proposed stand design, in detail required by the Department, for the
Department's approval under the criteria listed in subsection
9-206(8)(a).
(c) Once a licensee's stand design is approved, the
Department will photograph the approved stand and no alterations or additions
may be made without the Department's approval of the new stand design in
accordance with subsection 9-206(8)(b).
(d) The Department shall also
promulgate regulations requiring licensees to maintain their cart in clean and
good working order so as to fulfill the purpose of this subsection,
9-206(8).
(e) Stands from which food or beverages are sold must also be
in compliance with all applicable provisions of the Health and Fire Codes,
including but not limited to Section 6-301 of the Health Code ("Food Safety
Certification").
[340] (9) Prohibited
Conduct. No vendor or person
shall:
[341] (a) conduct him/herself
or his/her business in such a way as would restrict or interfere with the
ingress or egress of the abutting owner or tenant, or in such a way as would
create or become a nuisance or hazard to public health, safety or welfare, or
increase traffic congestion or delay, or constitute an obstruction to adequate
access to fire, police, or sanitation vehicles;
(b) leave any stand
unattended on a sidewalk at any time;
(c) load or unload merchandise
for a period exceeding twenty minutes;
(d) conduct licensed operations
between eleven p.m. and six a.m.; and
(e) conduct sidewalk sales from a
truck or park or maintain any truck in parking spaces adjacent to vendor site,
except for brief periods, not to exceed 20
minutes:
[342] (.1) as necessary to
transport sidewalk stands and
(.2) as necessary for deliveries, provided
that deliveries shall take place only in legal parking spaces or designated
loading zones.
(f) Violate the provisions of subsection 9-205(8)(r),
relating to the Pennsylvania Trademark Act or non-conforming recording devices;
and any violations shall be subject to the enforcement provisions of subsection
9-205(8)(r), in addition to any other enforcement provisions provided by
law.
[343] (10) Designated
Neighborhood Business Districts.
(a) Central Germantown Business
District. The area bounded by the east side of Baynton street, the west side of
Wissahickon avenue, the south side of Queen lane and the north side of High
street. Within this district there shall be a maximum of fifty-five vendor sites
permitted on the following blockfaces allocated as per regulations established
by the Department.
(b) University City
District.
[344] The area bounded by the north
side of Filbert street from Thirty-fourth to Forty-first streets, the west side
of Forty-first street from Filbert street to Baltimore avenue, the south side of
Baltimore avenue from Forty-first to Thirty-eighth streets, the west side of
University avenue from Baltimore avenue to Civic Center boulevard, the south
side of Civic Center boulevard, the south side of Convention avenue, the north
side of South street from Convention avenue to Thirty-third street, the east
side of Thirty-third street from South street to Walnut street, the south side
of Walnut street from Thirty-third street to Thirty-first street, the east side
of Thirty-first street from Walnut street to Chestnut street, the south side of
Chestnut street from Thirty-first street to Thirty-second street, the east side
of Thirty-second street from Walnut street to Sansom street (vacated), the south
side of Sansom street (vacated) from Thirty-second street to Thirty-third
street, the east side of Thirty-third street from Sansom street (vacated) to
Chestnut street, the north side of Chestnut street from Thirty-third to
Thirty-fourth streets, and the east side of Thirty-fourth street from Chestnut
street to Filbert street.
(.1) Within the University City District a
combined one hundred (100) locations, including locations for both sidewalk
vendors (as defined in 9-206) and street vendors (as defined in 9-203) shall be
designated for vending in the public right-of-way.
Vending shall be
permitted on the following blockfaces subject to the limits specified
below:
(A) the eastern side of Fortieth street between Locust and
Spruce streets (up to five (5) street vending locations);
(B) the
northern side of Market street between Thirty-ninth and Fortieth streets (up to
three (3) street vending locations and up to three (3) sidewalk vending
locations);
(C) the western side of Thirty-ninth street between
Market and Filbert streets (up to two (2) sidewalk vending
locations);
(D) the eastern side of Thirty-ninth street between
Market and Filbert streets (up to two (2) sidewalk vending
locations);
(E) the northern side of Market street between
Thirty-sixth and Thirty-eighth streets (up to three (3) sidewalk vending
locations);
(F) the southern side of Market street between
Thirty-sixth and Thirty-eighth streets (up to three (3) sidewalk vending
locations);
(G) the northern side of Market street between
Thirty-fourth and Thirty-sixth streets (up to five (5) street vending locations
and up to three (3) sidewalk vending locations);
(H) the southern
side of Market street between Thirty-fourth and Thirty-sixth streets (up to five
(5) street vending locations and up three (3) sidewalk vending
locations;
(I) the western side of Thirty-eighth street between
Sansom and Walnut streets (up to two (2) street vending locations and up to
three (3) sidewalk vending locations);
(J) the western side of
Thirty-eighth street between Walnut and Locust streets (up to three (3) street
vending locations and up to three (3) sidewalk vending
locations);
(K) the western side of Thirty-eighth street between
Locust and Spruce streets (up to three (3) street vending locations and up to
three (3) sidewalk vending locations);
(L) the western side of
Thirty-eighth street between Spruce street and Baltimore avenue (up to two (2)
street vending locations and up to three (3) sidewalk vending
locations);
(M) the northern side of University boulevard between
Woodland avenue and Thirty-eighth street (up to five (5) sidewalk vending
locations);
(N) the northern side of Spruce street between
Thirty-seventh (vacated) and Thirty-eighth street (up to seven (7) sidewalk
vending locations);
(O) the northern side of Spruce street between
Thirty-sixth street (vacated) and Thirty-seventh street (vacated) (up to seven
(7) sidewalk vending locations);
(P) the southern side of Spruce
street between Thirty-sixth street (vacated) and Thirty-seventh street (vacated)
(up to six (6) sidewalk vending locations);
(Q) the public plaza area
in front of the Civic Center Museum Building located at Civic Center boulevard
and Convention Center avenue (up to ten (10) sidewalk vending
locations);
(R) the western side of Convention Center avenue between
South street and the access road to the University Museum garage (up to three
(3) sidewalk vending locations);
(S) the western side of Convention
Center avenue between Civic Center boulevard and the access road to the Penn
Tower garage (up to three (3) sidewalk vending locations);
(T) the
eastern side of Thirty-third street, between a point located
two-hundred-and-fifty (250) feet south of the southeastern corner of
Thirty-third and Walnut streets and another point located
three-hundred-and-seventy-five feet south of the aforementioned corner (up to
three (3) sidewalk vending locations);
Vending locations on the
permitted block faces shall be designated by the Department, taking into account
the restrictions set forth in (F) and (G).
Street and sidewalk vending
shall be prohibited on all other blockfaces contained within the University City
District.
(.2) The following special provisions shall apply only
within the University City District, and these provisions shall supersede any
conflicting general provisions set forth in this Section 9-206 or
elsewhere:
(A) Reserved.
(B) The Department shall
promulgate regulations devising procedures to choose among applicants for a
particular blockface or location, including, but not limited to, preference
based on seniority. Applicants for vendor sites in the University City District
shall be selected by the Department in accordance with such regulations. Such
regulations shall provide that there shall be a total of one-hundred (100)
vendor sites and that no vendor site will remain unlicensed unless there are no
applicants for that site or its blockface.
(C) Vendors licensed
pursuant to 9-206(10) may only use conveyances and stands that have been
inspected and approved by the Department of Licenses & Inspections and are
in conformance with design regulations promulgated by the Department. Such
regulations shall require at a minimum that vending stands conform to the
requirements of 9-206(9), but may establish additional requirements. The
Regulations shall also specify pursuant to 9-206(8)(a)(.1) that extensions to
accommodate coolers shall be permitted, up to a distance of two feet, along one
side of the stand, provided that such extensions do not rest upon the sidewalk.
Regulations for street vendor conveyances shall be promulgated by the
Department. Such regulations shall be consistent with 9-203 and shall address
the dimensions, appearance and other design aspects of street vendor conveyances
with the purpose of protecting public safety and ensuring that conveyances
placed on the public right-of-way are maintained in a neat, clean and orderly
fashion.
(D) All vendors shall discontinue use of electrical
generators employing an internal combustion engine within one year after
enactment of this ordinance. Vendors shall have the right to seek permission by
enactment of an ordinance for installation of electrical hook-ups at any vendor
site. Notice shall be provided to the owner of any properties abutting the
proposed location of an electrical hook-up at the time an ordinance authorizing
such a hook-up is introduced.
(E) Vendors shall not park vending
conveyances or stands at the vendor sites between the hours of 10:30 p.m. and
5:30 a.m. daily.
(F) No licensee shall:
(i) conduct
him/herself or his/her business in such a way as would restrict or interfere
with the ingress or egress of the abutting owner or tenant, or in such a way as
would create or become a nuisance or hazard to public health, safety or welfare,
or increase traffic congestion or delay, or constitute an obstruction to
adequate access to fire, police, sanitation or emergency
vehicles;
(ii) leave any stand or conveyance unattended for any
period greater than twenty (20) minutes in duration;
(iii) load or
unload merchandise for a period exceeding twenty
minutes;
(iv) conduct
[345]
licensed operations between the hours of 10:00 p.m. and 6:00
a.m.;
(v) vend within ten (10) feet of the extension of legal
building lines;
(vi) vend on the medians of divided
highways;
(vii) vend within twenty-five (25) feet upstream (in the
direction from which vehicular traffic in the nearest curbside lane approaches
of any bus stop sign;
(viii) vend within ten (10) feet of subway
entrances or exits;
(ix) vend within three (3) feet of mailboxes,
telephones, benches, planters and trees;
(x) vend within fifteen
(15) feet in the case of sidewalk vendors and thirty (30) feet in the case of
street vendors, upstream of any pedestrian street
crossing;
(xi) vend within fifteen (15) feet in the case of sidewalk
vendors and thirty (30) feet in the case of street vendors, of any alley or
driveway;
(xii) vend within five (5) feet in the case of sidewalk
vendors and thirty (30) feet in the case of street vendors, of where curbs have
been depressed to facilitate pedestrian or vehicular
movement;
(xiii) vend in front of any loading dock or loading
ramp;
(xiv) vend in a location other than their assigned location;
or
(xv) conduct any commercial activity other than the sale of
goods, wares and merchandise.
(G) No sidewalk vendor
shall:
(i) conduct sidewalk sales from a motor vehicle, or park or
maintain any motor vehicle in parking spaces adjacent to the vendor
site;
(ii) vend at any location which would reduce the unobstructed
pedestrian right-of-way to less than six and one-half (6½) feet, such width
not to include the width of any grate;
(iii) vend on any portion of
a sidewalk directly in front of any building entrance;
(iv) vend
within ten (10) feet of a fire hydrant; or
(v) vend more than
eighteen (18) inches from the curb line except that with the express, written
consent of the abutting owner a sidewalk vendor may place a stand at the
building line.
(H) Street vendors shall be subject to all provisions
and restrictions applicable to street vendors generally, as provided in Section
9-203 or other applicable law, except that the specific provisions of this
Section 9-206 shall control if they conflict with other provisions applicable to
street vendors.
(I) Street vendors shall remove all conveyances from
the public right-of-way within thirty minutes of ceasing business operations
each day.
(J) To reimburse the City for the loss of parking meter
revenue, street vendors assigned to locations in the University City District
shall pay, in addition to the license and renewal fee imposed under subsection
9-206(5),
[346] an annual fee of two thousand
seven hundred fifty dollars ($2,750).
(c) North Front
Street.
[347] (i) Boundaries; Number
and Location of Vendors: The North Front Street District shall consist of the
2300 block of North Front street. Within the North Front Street District, a
maximum of four (4) vendor sites shall be permitted in the public right-of-way,
with one such site located at each of the following locations: 2309-2311 North
Front street; 2318-2324 North Front street; 2321-2325 North Front street; and
2342-2346 North Front
street.
(d) Deleted.
[348] (e) Morris
street.
[349] (.1) Boundaries,
Number and Location of Vendors. The Morris Street District shall consist of the
1400 block of Morris street, south side, and 1421 West Passyunk avenue. Within
the Morris Street District, a maximum of three (3) vendors shall be permitted in
the public right of way, at the following locations: 1400 block of Morris
street, two (2) vendors; 1421 West Passyunk avenue, one (1)
vendor.
(11) Consultation with neighborhood organizations. In
implementing and enforcing the provisions of this section, the Department shall
consult with any organization(s) representing merchants, vendors and/or
residents within the effected Neighborhood Business
District.
(12) Penalties; License Suspension, Revocation and Loss of
Assigned Location.
(a) The penalty for violation of any provision of
this section, in addition to the penalties contained in Section 9-105 and any
other sanctions provided, a fine not exceeding three hundred (300) dollars for
each offense. Each day of violation shall be deemed a separate offense.
Violations may result in a license suspension of up to thirty (30) days, or
license revocation. Violations of subsection 9-206(7) shall result in a license
suspension of up to one (1) week. An order of the Department revoking a license
shall also specify when the licensee may reapply for a license, which shall be
not less than ninety (90) days nor more than one (1) year from the date of
revocation. Persons reapplying for licenses after having their licenses revoked
shall be assigned locations pursuant to subsection 9-206(6) as if they were new
applicants not previously licensed.
(b) In addition to the penalties
provided above, the Department is authorized, when a uniformed police officer or
a campus police officer, as defined under Section 2416 of the Administrative
Code of 1929 (P.L. 177 No. 175), as amended, is present, to remove any stand,
equipment, goods, wares, merchandise or any other article or thing held for sale
by any licensee who uses the sidewalk or streets in violation of this Section
and refuses to comply immediately with this Section upon written notice of
violation and an order to vacate the sidewalk or streets. The licensee shall be
immediately notified of the place where his/her property can be reclaimed and
shall be entitled to claim said property immediately upon payment of the cost of
removal.
[350] (c) Any license issued
under this Section may also be revoked for any of the following
reasons:
(.1) fraud, misrepresentation or knowingly false statement
contained in the application for the license; or
(.2) fraud,
misrepresentation or knowingly false statement in the course of carrying on
licensed operations.
(d) Whenever a licensee's license is revoked
under this subsection, the location to which the licensee had been assigned
shall be reassigned in accordance with the procedures established to subsection
9-206(6)(a).
(13) Construction.
(a) 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.
(b) This Section supersedes any prohibitions against street
or sidewalk vending set forth in Section 9-205 that are inconsistent with the
permitted vending blockfaces and vendor sites specified
herein.
[351]