Fellow Members of the Penn Community,
After a series of productive discussions with the
various interested parties (including the Penn Consumers Alliance and the
University City Vendors Association), the University has drafted a revised
vending ordinance (complete text below, followed by map)
to City Councilwoman Jannie Blackwell for her review and consideration.
We are extremely grateful to all those who participated
in the recent six -month-long process of revising this draft legislation,
and would particularly like to acknowledge the valuable input provided to
us by the leadership of the Penn Professional Staff Assembly; the A-3 Assembly;
the Undergraduate Assembly; the Graduate and Professional Student Association;
the Penn Faculty and Staff for Neighborhood Improvement; and the Senior
Executive Council.
Sometime after the beginning of next year, it is
expected that City Council will consider this proposed legislation in conjunction
with a process that will include public hearings, at which time interested
individuals will have the opportunity to comment on the specifics of this
bill.
Over the years, vending has played an important
and valued role in campus life here, and we believe that the proposed legislation
strikes the proper set of balances that will allow vending to remain a vital
presence in the midst of our other efforts to improve the educational, residential,
business, and retail environments here in University City.
--Carol A. Scheman
Vice President, Government, Community and Public Affairs
An Ordinance (Draft of the Proposed `Vending Ordinance')
Amending Section 9-206 of The Philadelphia Code,
entitled "Sidewalk Vendors in Neighborhood Business Districts,"
by designating University City (the area in the general vicinity of the
campus of the University of Pennsylvania in West Philadelphia) as a neighborhood
business district in which sidewalk vending is regulated pursuant to Section
9-206; and enacting special provisions regulating vending (both sidewalk
vendors and street vendors) in University City; all under certain terms
and conditions.
THE COUNCIL OF THE
CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1.
Section 9-206 of The Philadelphia Code is hereby amended to read as follows:
Section 9-206. Sidewalk Vendors in Neighborhood
Business Districts.
(1) Definitions.
(a) Blockface. One side of a segment of
a street that does not extend beyond any intersection with another street,
or 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,
handcart, 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) University City Vendor Advisory Board.
The Board created pursuant to subsection 9-206(10);
(j) Department. Department of Licenses
and Inspections.
(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.
(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.
(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
licenses from 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 provisions for waiting lists.
(7) Trash Removal and Clean Up.
(a) Licensees are responsible for keeping the sidewalk
within fifteen feet of their stands clean of 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 pursuant to subsection 9-206(8)(a) shall
include specific 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").
(9) Prohibited Conduct. No vendor shall:
(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.
(10) Designated 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. The area bounded by the north side of Lancaster avenue
from 34th street to Powelton avenue and the north side of Powelton avenue
from Lancaster avenue to 40th street, the west side of 40th street from
Powelton avenue to Filbert street, the north side of Filbert street from
40th to 41st streets, the west side of 41st street from Filbert street to
Baltimore avenue, the south side of Baltimore avenue from 41st to 38th 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 33rd street,
the east side of 33rd street from South street to Walnut street, the south
side of Walnut street from 33rd street to 3 1st street, the east side of
3 1st street from Walnut street to Chestnut street, the south side of Chestnut
street from 31st street to 32nd street, the east side of 32nd street from
Walnut street to Sansom street (vacated), the south side of Sansom street
(vacated) from 32nd street to 33rd street, the east side of 33rd street
from Sansom street (vacated) to Chestnut street, the north side of Chestnut
street from 33rd to 34th streets, and the east side of 34th street from
Chestnut street to Lancaster avenue.
(.1 ) Within the University City District a
combined maximum of up to 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
block faces subject to the limits specified below:
(A) the eastern side of 40th street between
Locust and Spruce streets (up to five [5] street vending locations);
(B) the northern side of Market street between
39th and 40th streets (up to three [3] street vending locations and up
to three [3] sidewalk vending locations];
(C) the western side of 39th street between
Market and Filbert streets (up to two [2] sidewalk vending locations);
(D) the eastern side of 39th street between
Market and Filbert streets (up to two [2] sidewalk vending locations);
(E) the northern side of Market street between
36th and 38th streets (up to three [3] sidewalk vending locations);
(F) the southern side of Market street between
36th and 38th streets (up to three [3] sidewalk vending locations);
(G) the northern side of Market street between
34th and 36th streets (up to five [5] street vending locations and up to
three [3] sidewalk vending locations);
(H) the southern side of Market street between
34th and 36th streets (up to five [5] street vending locations and up three
[3] sidewalk vending locations;
(I) the western side of 38th 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 38th 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 38th 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 38th 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 38th street (up to five [5] sidewalk vending
locations);
(N) the northern side of Spruce street between
37th (vacated) and 38th street (up to seven [7] sidewalk vending locations);
(O) the northern side of Spruce street between
36th street (vacated) and 37th street (vacated) (up to seven [7] sidewalk
vending locations);
(P) the southern side of Spruce street between
36th street (vacated) and 37th 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); and,
(S) the eastern side of 33rd street between
a point located two hundred-and-fifty (250) feet south of the southeastern
corner of 33rd 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)
as well as the recommendations of the University City Vending Advisory
Board.
Street and sidewalk vending shall be prohibited
on all other block faces 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) Advisory Vending Board:
(.i) A University City Vending Advisory Board
shall be created consisting of nine (9) members. The Mayor, in consultation
with the District Councilperson, shall appoint as members two representatives
of the vendor community; two representatives of non- profit institutions
having at least 50 employees and whose principal offices are located in
University City; three other persons who are members of the University
of Pennsylvania's faculty, staff and student populations, as recommended
by the University's President with suggestions made by the University Council;
a representative of the business community; and a representative of neighborhood
resident organizations. Neither of these last two members shall be formally
associated with any of the non-profit institutions operating in University
City, nor shall any of them be engaged in the business of vending. Members
shall serve one (1) year terms.
(.ii) In developing its recommendations to
the Department, the University City Vending Advisory Board shall offer
an opportunity for review and public comment by any interested party.
(.iii) The University City Vending Advisory
Board shall have the powers and duties set forth in this Section, and any
additional powers and duties conferred by the Mayor.
(B) The University City Vending Advisory board shall develop and submit
to the Department for its approval regulations devising procedures to choose
among applicants for a particular block face 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.
(C) Vendors licensed pursuant to 9-206 (l0)
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, after review and
comment by the University City Vending Advisory Board. Such regulations
shall require at a minimum that vending stands conform to the requirements
of 9- 206 (9), but may establish additional requirements. Regulations for
street vendor conveyances shall be promulgated by the Department after
review and comment by the University City Vending Advisory Board. 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) The use of electrical generators employing
internal combustion shall not be permitted within one hundred (100) feet
of any building or structure containing classroom, office, or housing space
or activities. Furthermore, the use of any such generators shall require
(i) the prior written approval of the Department of Licenses & Inspections
and (ii) the relevant vendor first taking a mandatory "fire and safety
hazard" course approved by the Department.
(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
at any time;
(iii) load or unload merchandise for a period
exceeding twenty minutes;
(iv) conducted 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
(6 1 / 2 ) 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) Upon the discontinuance of business by
a specific vendor at a designated location, the relevant license will be
deemed to have been extinguished. However, in the event of a sale of the
vending conveyance or vehicle by the duly licensed party, to another previously
unlicensed party' the Department shall issue a commensurate license to
the latter party, provided that, (i) the type of vending activity to be
undertaken by the new party is the same as that conducted by the prior
vendor; (ii) the Department has determined that the conveyance continues
to comply with its regulations and any applicable public health and safety
standards; and (iii) the new party formally agrees to comply with the applicable
public health and safety standards in its operations at the location. This
provision shall not be construed in derogation of Section (12) of Chapter
9-207.
(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 [to be deleted:]
is hereby authorized, [end deletion] when a uniformed police officer is
present, or a campus police officer, as defined under Section 2416 of
the Administrative code of 1929 (P.L. 177 No. 175), as amended,
are authorized 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.
(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 pursuant 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
sidewalk vending set forth in Section 9-205 that are inconsistent with the
permitted blockfaces specified herein.
SECTION 2. Severability.
Each of the provisions of this Ordinance is severable, and if any provision
is held invalid, the remaining provisions shall not be affected, but shall
remain in full force and effect.
SECTION 3.
Effective Date. This Ordinance shall take effect on April 30, 1998.
Return to:Almanac, University of Pennsylvania, December
9, 1997, Volume 44, Number 15 |