Friday, April 15, 2011

Strong oversight of food trucks in 'burbs

BY: Danielle Lynch

WEST CHESTER, Pa. – In order to establish a food truck in West Chester, there are several rules and regulations an individual must follow, according to the borough’s ordinances.

First, food truck owners need to fill out an application for a seller’s license with the borough. On the application, the owners must include their home address, name of their organization or company, hours of operation, vehicle information, driver’s license number, insurance card number and indicate whether they’ve been convicted of any crime other than a minor traffic violation.

“A license will not be issued to any person who has been convicted of a felony, misdemeanor or a crime of any kind involving moral turpitude, and such person shall not be allowed to engage in canvassing and soliciting in the borough,” states the borough’s peddling and soliciting ordinance.

The owners need to have a Pennsylvania tax identification number and must also include their food vendor’s license number, which is available through Chester County.

Once the application is complete, the owners must write a $100 check to the borough and provide two photos of themselves – taken within six months of the application date, according to borough’s procedure for seller’s licenses.

“Each person that is selling needs a license,” states a copy of the borough’s procedure. “So if there are four people on the hot dog truck each one needs a license.”

Food trucks are permitted in the Town Center Zoning District of the borough. If food truck owners want to set up on private property, they have to get permission from the property owner. Otherwise, food truck owners have the right to set up in public areas as long as it’s not in the right of way, according to borough documents.

“Private groups, such as the Recreation Department and the Chamber of Commerce have control of the vending during their events and can license them accordingly,” borough documents say. “For example, during the Halloween Parade, which is after 7 p.m., vending can take place in the area of the special event only with the approval of the Recreation Department.” 

If approved by borough officials, an application for a food truck is valid for one year. Food truck owners are not allowed to change the category of goods sold while the application is in effect, according to the borough’s ordinance.

The borough manager, Ernie McNeely, has the right to suspend a food truck license if an owner does not comply with standards of conduct and other responsibilities, according to the borough’s ordinance. Some of those responsibilities include carrying a seller’s license at all times; not entering private property without permission; and misrepresenting himself or herself to the public.

Food truck owners, however, have the right to appeal a license suspension. The owners must request an appeal hearing with Borough Council, who can then reinstate the license; affirm the revocation of the license; or affirm or modify the suspension for up to five years.

Some people are not required to get a seller’s license in the borough, including farmers selling their own produce. Exemptions also apply to people who are selling goods and merchandise donated by an owner with the end result being a charitable donation, according to the borough ordinance.

People who are licensed by the state to engage in solicitation, such as real estate brokers, insurance brokers, and securities brokers, are also exempt from borough licenses.

In addition, the ordinance and application does not apply to political campaign workers. And it does not apply to individuals under the age of 16 who may be taking orders for newspaper deliveries, candy or Girl Scout cookies.

Lastly, food truck owners are responsible for trash removal and cleanup within 15 feet of their stand, according to the borough ordinance. If needed, the owners must also wash the sidewalk area near the stand.

Danielle can be reached at dmlynch07@gmail.com

3 comments:

  1. The new East Goshen Farmers' Market wants quality Ready-to-Eat Food Trucks !! The grass-roots volunteer market was promoted to thousands at Community Day on 6/25/2011, and opened 6/30 to eager locals who cleaned the vendors out. We want a different food truck/ready-to-eat vendor every Thursday from 3-7 pm. It's a great way to gain recognition to a new market in Chester County. The Farmers' Market is in East Goshen Township Park nestled among ball fields and playgrounds near major commuter routes. Please e-mail interest and questions to egfarmersmarket [at] yahoo [ dot] com or friend us on facebook: http://ko-kr.connect.facebook.com/pages/East-Goshen-Farmers-Market/130050513744575

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  3. Hi where can I find the details of licensing for west Chester university food cart

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