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.
(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).
(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 at the vendor site designated in the license and assigned by the Department, and only at that site.
(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), and subject to the recommendations of the Vending Advisory Board, if any, for the affected Neighborhood Business District.
(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 cleaning 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, in consultation with the Vending Advisory Board, if any, of the relevant Neighborhood Business District. 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
(.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.
(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. The area bounded by the north side of Filbert Street from 34th 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 31st Street, the east side of 31st 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 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 block faces subject to the limits specified below:
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 fifteen (15) members. The Mayor, in consultation with the District Councilperson, shall appoint as members five (5) representatives of the vendor community; three (3) representatives of non-profit institutions having at least 50 employees and whose principal offices are located in University City; three (3) other persons who are members of the University of Pennsylvanias faculty, staff and student populations, as recommended by the University Council; two (2) representatives of the business community; and two (2) representatives of neighborhood resident organizations. Neither of these last four 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.
(.iv) Each meeting of the University City Vending Advisory Board shall be open to the public and publicly advertised at least one week in advance, except that these requirements may be waived for any meeting by a two-thirds majority of the University City Vending Advisory Board.
(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. 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.
(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) 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 ?) 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
is hereby 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.
(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).
(e) Whenever a licensee is penalized under this subsection, the Department shall provide written notice of such action to the University City Vending Advisory Board of the relevant Neighborhood Business District, if any, and shall give said Vending Advisory Board opportunity to comment during any appeal by licensee.
(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 blockfaces and vendor sites 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.