(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.
(d) Sidewalk
sales by owners and tenants of properties at the locations listed in subsection
(e). Such vending shall be permitted and shall be exempt from the provisions of
Section 9-205, including, but not limited to, the license requirement of
subsection 9-205(3),
provided:
[40.1] (.1) Such
sidewalk vending is accessory to a business conducted in the abutting
property;
(.2) Sidewalk vending takes place within forty inches (40")
of the building line;
(.3) A minimum of five feet (5') of unobstructed
sidewalk width shall be maintained at all times;
(.4) All goods,
wares, and merchandise sold or offered for sale shall be of like type and
quality as that sold in the business conducted in the abutting property;
and
(.5) All items displayed for sale shall be arranged in a single
layer so that no such item is placed on top of another such
item.
(e) Subsection (d) shall apply to owners and tenants of
properties at the following
locations:
[40.2] (.1) Both
sides of Girard avenue between Frankford avenue and Susquehanna
avenue.
(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, except that sidewalk sales shall
be permitted if the vendor or person exclusively exhibits, displays, offers for
sale or sells goods, wares, or merchandise that are different in kind from those
exhibited, displayed, offered for sale or sold by owners or tenants on the
abutting property; Once a sidewalk vendor has been officially licensed and
designated a specific vending location by the department of Licenses and
Inspections pursuant to this ordinance, any subsequent change in goods sold by
an abutting store owner that thereby creates a direct conflict with goods sold
by the sidewalk vendor shall not be considered a violation of this
ordinance.
[46.1] (.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 Roosevelt
boulevard;
[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] (.351) North
side of Callowhill street, between Seventeenth and Eighteenth
streets.
[332.1] (.352) East
side of Eighteenth street, between Callowhill street and Spring Garden
street.
[332.2] (.353) Baltimore
avenue, 5600 to 5700 block,
northside.
[332.3] (.354) The
area bordered by and including both sides of Olney avenue, Cheltenham avenue,
Broad street and Fifth street, except that sidewalk sales shall be permitted on
the south side of Medary avenue from the southeast corner of Broad street to a
point seventy feet east from the southeast corner of Broad
street.
[332.4] (.355) Chester
Avenue, 5400 to 5500 block, both
sides.
[332.5] (.356) South
54th Street, 1500 to 1600 block, both
sides.
[332.6] (.357) Both
sides of Fox Street, between Allegheny Avenue and Twenty-second
Street.
[332.7] (.358) Both
sides of Twenty-second Street, between Indiana Avenue and Allegheny
Avenue.
[332.8] (.359) Both
sides of Allegheny Avenue, between Fox Street and Twenty-first
Street.
[332.9] (.360) Both
sides of Toronto Street, between Fox Street and Twenty-first
Street.
[332.10] (.361) The
1600 block of Callowhill
street.
[332.11] (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.