§9-203. Street Vendors. [16]


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

(a) Street Vendor. Any person travelling by foot, wagon, motor vehicle or any other type of conveyance from place to place, house to house or street to street or on property owned or controlled by the City of Philadelphia carrying, conveying, or transporting goods, wares or merchandise and offering and exposing them for sale, or making sales and delivering articles to purchasers; or who without travelling from place to place, sells or offers for sale products from a wagon, handcart, pushcart, motor vehicle, stand, conveyance or from his person who submits orders, and as a separate transaction, makes deliveries to purchasers. A "street vendor" shall include any "vendor," "peddler," "hawker," "huckster," "itinerant merchant" or "transient vendor" but shall exclude any vendor licensed under Section 9-201;[17]

(b) Goods, Wares, Merchandise shall include but not be limited to fruits, vegetables, garden truck, farm products or provisions, dairy products, fish, game, poultry, meat, plants, flowers, appliances, wearing apparel, jewelry, cosmetics and beauty aids, health products, medicines, household needs or furnishings, food of any kind, whether or not for immediate consumption, confections or drinks or any other article or thing whatsoever;

(c) Conveyance shall include any public or privately owned vehicle, method or means of transporting people, bicycle, motorized or non-motorized vehicle, handcart, pushcart, lunch wagon or any other device or thing whether or not mounted on wheels;

(d) Streets shall mean all that area legally open to public use as public streets, and sidewalks, roadways, highways, parkways, alleys and any other public way.

(2) License. It shall be unlawful for any person to engage in the business of a street vendor unless he or she has first obtained a license from the Department of Licenses and Inspections. All licenses will be issued according to regulations established by the Department of Licenses and Inspections.

(a) Each license 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, an identifying description of any vehicle or conveyance used by the licensee plus, where applicable, the motor vehicle registration number and a photograph of the licensee not less than two inches square nor more than three inches square. Each license shall also show the expiration date of the license and the vendor’s plate number which is issued by the City of Philadelphia.

(b) Every license to vend under this Section issued after the effective date of this Section shall thereafter 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.

(3) 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, and, whether produced, grown, made, manufactured or assembled by the applicant;

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

(.4) if a motor vehicle is to be used, a description of it together with the motor vehicle registration number, license number;

(.5) 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.

(b) The applicant pays the following annual license fee:[18]

(.1) one hundred twenty-five ($125.00) dollars for each person vending on foot;

(.2) two hundred fifty ($250.00) dollars for each person vending by using a handcart, pushcart, stand or similar arrangement which is mounted on wheels but has not an internal-combustion engine;

(.3) two hundred fifty ($250.00) dollars for each person vending from a horse-drawn wagon;

(.4) two hundred fifty ($250.00) dollars for each person vending from a motor vehicle of any kind.

(4) Identification and License Plates. Each street vendor shall, while engaged in the business of 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 word "Vendor," the year for which issued, the number of license plate issued by the City of Philadelphia, which shall correspond to the number which appears on the vendor’s license, and the name of the licensee. The word "Vendor" and the license plate number shall be of uniform size and plainly discernible. The license plate shall be attached by the vendor to the conveyance used 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 word "Vendor," the number of the license and the words "City of Philadelphia." The color of the identification badge and 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.

(5) Business Address or Residence. The Department shall be notified of any change in business address or residence within 30 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) Prohibited Conduct. No vendor or person shall:[19]

(a) stop, stand or park any vehicle, wagon, pushcart or any other conveyance upon any street for the purpose of selling, or sell on any street under any circumstances during the hours when parking, stopping or standing has been prohibited by signs or curb markings or is prohibited by the Pennsylvania Motor Vehicle Code, City Ordinance or The Philadelphia Code;

(b) stop, stand or park his vehicle or conveyance on a street nor permit it to remain there except on the roadway at the curb for the purpose of selling goods, wares, and merchandise therefrom.[19.1]

(.1) Cedar Park avenue from 6900-7100 on both sides.[20]

(c) stop, stand, park, place nor allow his conveyance closer than thirty feet from any other conveyance being used by any other vendor;

(d) conduct himself or his business in such a way as would restrict or interfere with the ingress or egress of the abutting owner or tenant or to create or become a nuisance, or increase traffic congestion or delay, or constitute a hazard to traffic, life or property, or an obstruction to adequate access to fire, police, or sanitation vehicles;

(e) sell any goods, wares or merchandise within districts or on streets which have been or shall be hereafter so designated by the City Council in § 9-205 or otherwise;

(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 handcart or pushcart the dimensions of which exceed four feet in width, eight feet in length and eight feet in height;

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

(i) set up, maintain or permit the use of any tables, crates, cartons, racks, devices or thing of any kind or description to increase the selling or display capacity of his conveyance, cart or vehicle;

(j) sell any merchandise or any other article or thing whatsoever on any street where sidewalk sales are prohibited under any ordinances of this City or City Code provision;

(k) leave any conveyance unattended at any time or store, park, or leave same overnight on any city sidewalk, nor park, store or leave any vehicle other than in a lawful parking place;

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

(m) sell any merchandise or any other article or thing whatsoever on any property owned or controlled by the City of Philadelphia, except for streets, unless permission has been expressly granted by the City of Philadelphia.[21]

(n) Violate the provisions of subsection 9-205(8)(r), relating to the Pennsylvania Trademark Act or non-conforming recording devices; and any violations shall be subject to the enforcement provisions of subsection 9-205(8)(r), in addition to any other enforcement provisions provided by law.[22]

(o) stop, stand or park his vehicle or conveyance for the purpose of selling any goods, wares and merchandise on the following roadways:[22.1]

(.1) Cedar Park avenue from 6900-7100 on both sides;

(.2) 1600 and 1700 blocks of Callowhill street on both sides;

(.3) Sixteenth street between Vine street and Hamilton street on both sides.

(p) A special street vendor district is created on Callowhill street between Fifteenth and Sixteenth streets. The following provisions shall apply to such special district.[22.2]

(.1) The Department shall designate two (2) permitted street vendor locations for the placement of one truck per vendor within the special district. No street vendor may vend within the special district unless such vendor has been assigned by the Department to a particular location within the special district, which permitted location is non-transferable and may only be used by the specific vendor assigned to that location.

(.2) The Department shall determine which street vendors shall be assigned to the two (2) permitted locations within the special district by giving priority to street vendors according to the length of time they have conducted licensed street vending operations in the immediate vicinity of the district. The two (2) vending assignments shall only be granted to businesses that have no affiliation with one another. In the event either of the locations is permanently vacated by a vendor, the Department may assign a new vendor to a location within the district off of a waiting list maintained by the Department.

(.3) Any street vendor licensed to vend in the special district must, in addition to fulfilling all other requirements for the licensing of street vendors generally, agree to such conditions regarding handbilling and verbal solicitation for the purpose of advertising or recommending the vendor’s product or services within two blocks of the street vendor’s location as may be required by the Department of Licenses and Inspections.

(.4) Vendors within the special district shall meet the requirements of subsections (8)(c) and (8)(d) of this Section.

(8) A special street vendor district is hereby created on Thirty-second street between Market street and Chestnut street. The following provisions shall apply to such special district:[23]

(a) The Department shall designate ten (10) permitted street vendor locations within the special district. No street vendor may vend within the special district unless such vendor has been assigned by the Department to a particular location within the special district;

(b) The Department shall determine which street vendors shall be assigned to the ten (10) permitted locations within the special district by giving priority to street vendors according to the length of time they have conducted licensed street vending operations within the special district. If two (2) or more street vendors have equal seniority, the Department shall determine priority by lottery. Any street vendor displaced from the special district by this process shall be placed on a waiting list for any locations within the special district which may later become available. The Department may provide by regulation for other persons to apply for positions on the waiting list, and for a lottery system to rank such other persons who may be added to the waiting list.

(c) To reimburse the City for the loss of parking meter revenue and for the additional cost of regulation occasioned by creation of the special district, street vendors assigned to locations within the special district shall pay an annual fee of three thousand (3,000) dollars to include the street vendor license fee imposed under § 9-203(3)(b).[23.1]

(d) Street vendors within the special district shall be subject to all provisions applicable to street vendors generally, as provided in this section and any other provision of this Code or other applicable law.

(9) Penalties.[24]

(a) The penalty for violation of any provision of this Section shall be that set out in Section 9-105. Each day of violation shall be deemed a separate offense.

(b) In addition to the penalties contained in Section 9-105, 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;

(.3) conducting the business of vending 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.[25] 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, rights or obligations 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.[26] 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.