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Ordinance amending and supplementing the City Code at Title Seven, Business Licensing, Article III, Sales Businesses, Chapter 719, Vendors and Peddlers, by repealing Chapter 719 in its entirety and replacing it with a new Chapter 719 to update Pittsburgh’s vending program.
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The Council of the City of Pittsburgh hereby enacts as follows:
Section 1. The Pittsburgh Code of Ordinances, Title Seven, Business Licensing, Article Three, Sales Businesses, Chapter 719, Vendors and Peddlers, is hereby repealed in its entirety, as follows:
SEE ATTACHMENT
Attached
[§ 719.01. License Required. [Ord. 31-2002, § 1, eff. 11-4-2002]
No person shall engage in the business of being a vendor or peddler without first obtaining a license from the License Officer.
§ 719.02. Definitions and Exceptions. [Ord. 31-2002, § 1, eff. 11-4-2002; Ord. No. 61-2015,
§ 1, eff. 12-18-2015; Ord. No. 27-2018, § 1, eff. 8-6-2018; Ord. No. 19-2019, eff. 6-24-2019;
Ord. No. 5-2021, § 1, eff. 2-24-2021]
(a) PEDDLER - as used herein includes any person, whether a resident of the City of Pittsburgh or not, traveling by foot from place to place, from house to house, or from street to street, carrying on their person goods, wares, or merchandise and offering and exposing the same for sale, or making sales and delivering articles to purchasers. It is further provided that one who solicits orders for delivery at a later date is deemed a peddler and subject to the provisions of this chapter.
(b) VENDOR - When the term "vendor" is used by itself in this Chapter with no other descriptor, it shall be interpreted to include all types of vendors that are regulated in this Chapter.
(c) VENDOR EMPLOYEE - An employee without partial ownership of the business working at a licensed establishment. Workers compensation insurance is required to cover any vendor employee during the license period.
(d) VENDOR AT SPORTS AND ENTERTAINMENT FACILITIES (S&E) - as used herein
includes any person, whether a resident of the City of Pittsburgh or not who, without traveling from place to place, sells or offers for sale goods, wares, merchandise, meats, fish, vegetables, fruits, farm products, or provisions from an approved vending unit at an approved vendor location located within the boundaries set forth in Section 719.05C(c)(2) of property owned by the Stadium Authority of the City of Pittsburgh for the operation and management of Heinz Field and PNC Park or of the property owned by the Sports and Exhibition Authority of Pittsburgh and Allegheny County for the operation and management of the Consol Energy Center and the David L. Lawrence Convention Center or of any other property used by professional sports franchises in which the Sports and Exhibition Authority of the City of Pittsburgh, or Allegheny County has a financial or proprietary interest; and property owned and operated by the University of Pittsburgh known as the John M. and Gertrude E. Peterson Event Center; and property owned and operated by Duquesne University known as Chuck Cooper Fieldhouse.
(e) STATIONARY VENDOR - as used herein includes any person, whether a resident of the City of Pittsburgh or not, who sells or offers for sale goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm products, or provisions from an approved vending station.
(f) MOBILE VEHICULAR VENDOR - as used herein includes any person, whether a resident of the City of Pittsburgh or not who, sells or offers for sale goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm products, or provisions from an approved vending vehicle that shall not remain at any one (1) location for a period greater than four (4) hours.
(g) BLOCKFACE - As defined by the Department of Permits, Licenses and Inspection, means that portion of the sidewalk which directly fronts any street or thoroughfare and shall be understood to apply to both sides so that each street or thoroughfare shall contain two (2) blockfaces.
§ 719.03. Information Required. [Ord. 31-2002, § 1, eff. 11-4-2002; Ord. No. 27-2018, § 1,
eff. 8-6-2018]
In addition to information required under Section 701.08, the following information is required:
(a) A description of the nature of the business and goods to be bought, sold or rented and the name, address and phone number of the applicant.
(b) The name and contact information for all employees employed by vendor for the licensing period. The vendor must pay a fee for each vendor employee listed.
(c) The duration and hours of operation for which the right to do business is requested.
(d) A description of any vehicle used and its license number.
(e) Proof of registration for city business taxes and clearance that all taxes are paid.
(f) Evidence that all required health licenses have been obtained.
(g) Selection of an approved vending location.
(h) A signed statement that the permittee shall hold harmless the City of Pittsburgh, its officers and employees and shall indemnify the City of Pittsburgh, its officers and employees for any claims or damage to property or injury to persons which may be occasioned by any activity carried on under the terms of the license. Licensee shall furnish and maintain such public liability, food products liability, and property damage insurance as will protect permittee and the City from all claims for damage to property or bodily injury, including death which may arise from operations under the permit or in connection therewith. Such insurance shall provide coverage for bodily injury for each person, for each occurrence and for property damage per occurrence, as prescribed by the License Officer. Vendors with employees are required to obtain workers compensation insurance. Vendors that use vehicles are required to obtain vehicle insurance. Such insurance shall be without prejudice to coverage otherwise existing therein, and shall name as additional insured the City of Pittsburgh, its officers and employees, and shall further provide that the policy shall not terminate or be cancelled prior to the expiration date of the permit without thirty (30) days' written notice to the Director of the Department of Permits, Licenses and Inspections. Before conducting business at the location permitted by the Director, permittee shall name as an additional insured on the policies of insurance hereinabove required the owner of the property abutting the space between the prolongations of the boundary lines of the location which run perpendicular to the curbline to the property line of the same side of the street.
§ 719.04A. Loud Noises, Speaking Devices, Signs, Goods, Smoke, Strong Odors and Disposal of Trash. [Ord. 31-2002, § 1, eff. 11-4-2002; Ord. No. 61-2015, § 1, eff. 12-18-2015;
Ord. No. 30-2016, § 1, eff. 11-1-2016; Ord. No. 27-2018, § 1, eff. 8-6-2018; Ord. No. 19-2019,
eff. 6-24-20192]
(a) No vendor, peddler, nor any person on his or her behalf, shall blow a horn, or use any device, except a ring of a bell, including any loud speaking radio or sound amplifying system upon any of the streets, alleys, parks or other public places of the City or upon any private premises in the City where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks or other public places, for the purpose of attracting attention to any goods, wares or merchandise which the licensee proposes to sell.
(b) Vendors shall be permitted signs attached to their vehicle or vending unit in compliance with the then existing zoning ordinance regulating same. At present, signs measuring up to two
(2) feet by two (2) feet are permitted within the zoning ordinance. Signs may not be placed on walls or on the public right-of-way.
(c) Vendors shall only be permitted to sell goods that can be contained on, in or under their vehicle or vending unit. The vehicle or vending unit shall be capable of mobility at all times. The size of the vending unit shall not be larger than eleven (11) feet high, twenty-four (24) feet long shall comply with all applicable Allegheny County Health Department regulations regarding smoke and odor control, and all food safety rules and regulations. This includes but is not limited to the definition of "Food."
(d) The Director of the Department of Permits, Licenses, and Inspections or their assignee shall review and approve each vehicle or vending unit to be used by each permitted prior to the authorization and issuance of each vending license. A picture and the size of each vehicle or vending unit must be provided to the Director of the Department of Mobility and Infrastructure or their assignee and Permits, Licenses, and Inspections or their assignee as part of the application process.
(e) Vendors may apply to the Department of Mobility and Infrastructure as part of the licensing requirements established by PLI for an exception to the vending unit size constraints enumerated in subsection (c).
(f) All vendors shall be accompanied by a metal or rigid plastic trash container(s) with a thirty-gallon combined minimum capacity if the vendor is selling a product that generates trash. In addition, vendors shall also be responsible for maintaining and cleaning a twenty-five-foot perimeter surrounding the designated location of the vending unit or vehicle.
§ 719.05A. Permitted Locations. [Ord. 31-2002, § 1, eff. 11-4-2002; Ord. 24-2003, eff.
8-4-2003; Ord. No. 61-2015, § 1, eff. 12-18-2015; Ord. No. 13-2016, § 1, eff. 6-6-2016; Ord.
No. 27-2018, § 1, eff. 8-6-2018; Ord. No. 14-2023, § 1, eff. 8-3-2023]
(a) Based upon sites reviewed and approved by the Council of the City of Pittsburgh, the Director of the Department of Public Works or his/her assign shall compile a list of permitted locations where the presence of vending units on the sidewalk, park or trail would be compatible with the public interest in use of parks, waterway shores, trails and street and sidewalk areas as public right-of-way. The Director may consider the width of the sidewalk; the proximity and location of existing street furniture, including but not limited to signposts, lamp posts, parking meters, bus shelters, benches, phone booths, and newspaper vending devices; the presence of bus stops, truck loading zones, and taxi stands; pedestrian and vehicular traffic patterns; and other factors he/she deems relevant. The Director may modify the list as he/she deems necessary. The list shall also include a description of goods and merchandise that may and may not be sold or rented at a particular vending location. If a Council Ordinance adopting a vending site or sites pursuant to Section 719.09 specifies a description of the goods and merchandise to be sold or rented at a particular site, the Director is bound to follow the Ordinance relative to the goods and merchandise at the particular site.
(b) No permitted location shall be used by a vendor selling an item like or similar to the primary items sold by another non-vendor business within one hundred (100) feet of the permitted location, unless otherwise permitted by the non-vendor business.
(c) At the promulgation of City Council, Department of Permits, Licenses and Inspections, or at the urging of community or business organizations, vendor districts, areas within a particular and contiguous geographic area, may be established in which the particulars of this ordinance may be lifted or amended by Council resolution. At the time vendor districts are established representatives of merchants, community groups, and vendors will be called upon in order to give input regarding appropriate vending activities.
(d) Vendors shall not park any vehicles for the purpose of vending, or place any materials in on-street metered parking spaces.
(e) Mobile vehicular vendors may park their vehicles in on-street metered parking spaces for the purpose of vending, or place any materials in on-street metered parking spaces if they pay the meters. Additionally, if the mobile vehicular vendor takes up more than one (1) metered spot at a time (in areas without multi-space meters), they must pay all meters occupied by their mobile vending vehicle. The vendor must follow all laws regarding metered parking and parking area time limits.
(f) Mobile vehicular vendors locating on private property, such as privately owned parking lots, do not need to obtain a mobile vending permit under this Section. However, these vehicular vendors must follow all other applicable laws to operate a business, including, but not limited to, securing an occupancy permit.
(g) Mobile vehicular vendors may not locate in Market Square, or directly adjacent to Schenley Plaza, unless otherwise allowed through a permitted event.
(h) Vendors of any kind may not locate on Grandview Avenue, including any side street from Wyoming Street to Shaler Street, Shiloh Street and Virginia Avenue from Wyoming to Maple Terrace, unless otherwise allowed through a permitted event.
§ 719.05B. License Application and Duration. [Ord. 31-2002, § 1, eff. 11-4-2002; Ord. 24-2003, eff. 8-4-2003; Ord. No. 61-2015, § 1, eff. 12-18-2015; Ord. No. 27-2018, § 1, eff.
8-6-2018]
(a) Licenses shall be available year-round and valid for a period of one (1) year from the date of purchase and/or execution and may be renewed prior to expiration upon the payment of the license fee, provided all the requirements of this Chapter are met.
(b) The Director of the Department of Permits, Licenses and Inspections or his/her assign will issue licenses to the applicant pending the appropriate approvals from the Council of the City of Pittsburgh and the Department of Public Works. Following adoption of an ordinance by Council that adds a site or sites, the Director of the Department of Public Works or the Director of the Department of Permits, Licenses and Inspections or his/her assign, shall announce the availability of the site or sites by public advertisement and communication to those involved in the business of street and sidewalk vending. In cases where there is more than one (1) prospective licensee seeking to vend exclusively at a particular location, the Director of the Department Permits, Licenses and Inspections, or his/her assign, will hold a lottery to determine who will be allowed to hold the exclusive right to be the permittee at the particular location. The applicant or his/her assigns shall have the right to be present at the holding of the lottery and shall be appropriately informed of the site, time and date of the lottery.
(c) Licensees located at a specific location may renew licenses for that specific location unless determined by the Director of Permits, Licenses and Inspections, or his/her assign to be violators of a section of this ordinance, in which case the right to renew this Vending License will be suspended.
(d) Vendors who have been operating at a particular location prior to the adoption of this ordinance shall be provided an opportunity for first preference to continue their operation provided that they have been in compliance with all previous regulations and obligations and City Council designates the location as a permitted site.
(e) The Director of the Department of Permits, Licenses, and Inspections is authorized to promulgate at his/her discretion additional regulatory guidelines in order to effectuate this ordinance.
(f) The license should include information encouraging the use of:
i. Sustainable and environmentally friendly practices, including the use of energy-efficient vehicles;
ii. Charitable components to the business or operation;
iii. School nutrition programs or healthy food choices;
iv. Programs for children or the homeless;
v. Other socially responsible practices and programs;
vi. Routes that provide access to underserved neighborhoods of the City;
vii. Vendors should aim to make trucks as handicap accessible as possible.
viii.
§ 719.05C. Use of Streets, Parks and Trails. [Ord. 31-2002, § 1, eff. 11-4-2002; Ord. No. 5-2012, §§ 1, 2, eff. 3-15-2012; Ord. No. 61-2015, § 1, eff. 12-18-2015; Ord. No. 4-2016, § 1,
eff. 2-11-2016; Memo of 3-23-2017; Ord. No. 27-2018, § 1, eff. 8-6-2018; Ord. No. 5-2021, § 2,
eff. 2-24-2021]
(a) No peddler shall remain more than fifteen (15) minutes in one (1) location. Upon the expiration of the fifteen (15) minutes, the peddler must begin moving to a location at least two hundred fifty (250) feet from the first location. No peddler shall be permitted to operate between the hours of 8:00 p.m. and 8:00 a.m. in residential districts. No vendor or vehicular vendor shall be permitted in residential districts, unless otherwise allowed through a permitted event. In commercial districts, no vendor, peddler or vehicular vendor shall be permitted to operate between the hours of 12:00 a.m. and 7:00 a.m.
(b) Community groups, business associations and similar organizations may vend on the public right-of-way during the hours and within the perimeters of a permitted special event with the approval of the appropriate City of Pittsburgh departments and personnel including the Department of Permits Licenses and Inspections and the special events coordinator of the City of Pittsburgh.
(c) No peddler, whether licensed or not, shall use any public place to sell wares or in any other way obstruct, interfere with or prevent the free flow of pedestrian or vehicular traffic in the Central Business District, except during the hours of a City of Pittsburgh permitted special event; and no peddler shall operate on any public right-of-way within the boundaries set forth in subsection (2) below or within any property owned by the Sports and Exhibition Authority of Pittsburgh and Allegheny County for the operation and management of Heinz Field, PNC Park, PPG Paints Arena and the David L. Lawrence Convention Center and of any other property used by professional sports franchises in which the Sports and Exhibition Authority of the City of Pittsburgh, or Allegheny County has a financial or proprietary interest. No peddler shall operate within the boundaries set forth in subsection (2) below of the property owned and operated by the University of Pittsburgh known as the John M. & Gertrude E. Peterson Event Center and property owned and operated by Duquesne University known as Chuck Cooper Fieldhouse.
(1) Vendors and vending activity on any public right-of-way within the boundaries set forth in subsection (2) below or within any property owned by the Sports and Exhibition Authority of Pittsburgh and Allegheny County for the operation and management of Heinz Field, PNC Park, PPG Paints Arena , and the David L. Lawrence Convention Center or on any other property used by professional sports franchises in which the Sports and Exhibition Authority of the City of Pittsburgh, or Allegheny County has a financial or proprietary interest; and on property owned and operated by the University of Pittsburgh known as the John M. & Gertrude E. Peterson Event Center; and property owned and operated by Duquesne University known as Chuck Cooper Fieldhouse must be approved through agreement with the appropriate Authority or its designated management company.
(2) Maps, depicting the boundaries, set forth below, relative to the facilities in subsection
(c) above, shall, upon request, be provided to any individual who applies for a vendor's or peddler's license.
MAP 1-HEINZ FIELD:
Northern boundary - Reedsdale Street Southern boundary - North Shore Drive Eastern boundary - Art Rooney Avenue Western boundary - Allegheny Avenue
MAP 2-PNC PARK:
Northern boundary - General Robinson Boulevard Southern boundary - Allegheny River
Eastern boundary - 6th Street/Federal Street Western boundary - Mazeroski Way
MAP 3-PPG PAINTS ARENA:
Northern boundary - Bedford Avenue Southern boundary - Fifth Avenue
Eastern boundary - Pride Street and Crawford Street Western boundary - Washington Place
MAP 4-DAVID L. LAWRENCE CONVENTION CENTER:
Northern boundary - Allegheny River Southern boundary - Penn Avenue Eastern boundary - 11th Street Western boundary - 9th Street
MAP 5-PETERSON EVENT CENTER:
Northern boundary - Univ. of Pittsburgh Property Line Southern boundary - Terrace Street
Eastern boundary - Univ. of Pittsburgh Property Line Western boundary - Sutherland Street
MAP 6-CHUCK COOPER FIELDHOUSE:
Northern boundary - Forbes Avenue
Southern boundary - Duquesne Univ. Property Line Eastern boundary - Stevenson Street
Western boundary - Duquesne Univ. Property Line
(Due to developmental changes, the maps and boundary descriptions set forth above may be substituted to more accurately reflect the areas in question.)
(d) (Reserved)
(e) Vendors, peddlers, and vehicular vendors shall obtain a license that shall be valid for one (1) year from the Department of Permits Licenses and Inspections. The badge, license, or sticker shall be attached in a conspicuous location to the vendor's apparel or vehicle and visible to police officers, building inspectors and the public as required by Section 701.09(b)(2) and (3).
(f) No vendor shall be permitted to dispose of any debris or waste products generated from the operation of their business into City owned and maintained trash receptacles.
(g) A mobile vehicular vendor may not operate within a City park except at the following approved locations during normal park operating hours:
(1) Schenley Park:
(a) The Bob O'Connor Golf Course.
(b) Flagstaff Hill.
(c) The Schenley Oval.
(2) Frick Park:
(a) Tennis court parking lot.
(b) Frick Environmental Center.
§ 719.06. Licensing Additional Employees. [Ord. 31-2002, § 1, eff. 11-4-2002; Ord. No.
61-2015, § 1, eff. 12-18-2015; Ord. No. 27-2018, § 1, eff. 8-6-2018]
Vendors shall reflect additional employees on their license. Vendors with additional employees shall be responsible for employees' violations of this Chapter and the rules and regulations.
§ 719.07. Severability. [Ord. 31-2002, § 1, eff. 11-4-2002]
The provisions of this Chapter shall be severable and, if any of the provisions hereof shall be held to be invalid or unenforceable, the remaining provisions of this Chapter shall remain in effect.
§ 719.08. Fees for Vendor's, Vehicular Vendor's or Peddler's License. [Ord. 31-2002, § 1, eff. 11-4-2002; Ord. No. 61-2015, § 1, eff. 12-18-2015; Ord. No. 27-2018, § 1, eff. 8-6-2018;
Ord. No. 37-2021, § 17, eff. 10-14-2021]
The fees for a vendor's, vehicular vendor's peddler's license, or licenses for additional employees shall be due annually as prescribed by the fee schedule established by the process set forth in Chapter 170 of the City Code.
§ 719.09. Street and Sidewalk Vending Site Designation Committee. [Ord. 31-2002, § 1, eff. 11-4-2002; Ord. 24-2003, eff. 8-4-2003; Ord. No. 27-2018, § 1, eff. 8-6-2018; Ord. No.
19-2019, eff. 6-24-2019]
(a) The Council of the City of Pittsburgh hereby establishes a nine (9) member committee to be titled the "Street and Sidewalk Vending Site Designation Committee" to be composed of the
following members or their designees:
An appointee of the Mayor.
The Director of the Department of Public Works.
The Director of the Department of City Planning.
The Director of the Public Parking Authority.
The Director of the Department of Parks, Recreation and Youth Policy.
The Director of the Department of Mobility and Infrastructure.
The Director of the Department of Permits, Licenses, and Inspections.
Two (2) individuals selected by the President of City Council who are licensed vendors under Section 719.01 above.
(b) The Director of the Department of Permits, Licenses and Inspections or a designee shall act as scheduler of Committee meetings. The Director of the Department of Permits, Licenses, and Inspections or a designee shall maintain the official record and record and verify all communications to the Committee from the general public.
(c) The activities of the Committee shall include, but not be limited to, the following:
(i) The Department of Permits, Licenses, and Inspections will prepare for public advertising and general notification to the community a formal announcement sixty (60) days prior to the bi-annual meeting that City Council is requesting recommendations for specific vending and vehicular vending locations within the boundaries of the City of Pittsburgh from the general public and those directly involved in the business of street and sidewalk vending. The public notice shall reference where members of the public can obtain a copy of Council's Ordinance on street and sidewalk vending.
(ii) The Committee shall compile a list of all recommendations for vending and vehicular vending sites and submit to City Council, a report including exact locations and the Committee's evaluation of site appropriateness.
(iii) When any vending district is proposed, the Committee shall organize a meeting with representatives of local merchants, community organizations and vendors to seek advisory input regarding vendor activities.
(iv) City Council shall conduct a formal cablecast Public Hearing to inform the general public and the vending community of this report and to solicit testimony regarding the appropriateness of each location.
(d) City Council shall adopt an ordinance specifically listing each site where street and sidewalk
vending shall be permitted by licensed vendors pursuant to the guidelines and requirements of the new Ordinance establishing sidewalk and street vending opportunities in the City of Pittsburgh.
(e) The Committee shall conduct biannual meetings, as scheduled by the Director of the Department of Permits, Licenses and Inspections or a designee, to evaluate additional recommendations for specific vending and vehicular vending locations within the boundaries of the City of Pittsburgh. The Department of Permits, Licenses and Inspections shall advertise the dates of the biannual meetings requesting applications for site nominations be submitted no later than three (3) business days prior to the scheduled meetings of the Committee. These additional recommendations shall be addressed in accordance with the procedures set forth in this Resolution.
(f) City Council may accept, reject or modify any sites recommended by the Committee. City Council may, without any review, recommendation or report on a site or sites from the Committee, add a site or sites, at any time by adoption of an ordinance specifying the additional site or sites, subject however to the ability of the Director of the Department of Mobility and Infrastructure to modify or reject such site or sites if not compatible with the public interest considering the factors specified in Section 719.05A(a) above.
§ 719.10. List of Vending Sites Approved by Council. [Ord. 24-2003, eff. 8-4-2003; Ord. No. 13-2005, § 1, eff. 5-3-2005; Ord. No. 23-2008, § 1, eff. 12-1-2008; Ord. No. 24-2008, § 1, eff.
12-1-2008; Ord. No. 25-2008, § 1, eff. 12-1-2008; Ord. No. 6-2010, § 1, eff. 4-1-2010; Ord. No.
34-2010, § 1, eff. 10-22-2010; Ord. No. 35-2010, § 1, eff. 10-22-2010; Ord. No. 48-2010, § 1,
eff. 1-6-2011; Ord. No. 15-2011, § 1, eff. 8-11-2011; Ord. No. 28-2011, § 1, eff. 12-22-2011;
Ord. No. 10-2013, § 1, eff. 3-21-2013; Ord. No. 25-2013, § 1, eff. 10-3-2013; Ord. No. 29-2017,
§ 1, eff. 6-23-2017; Ord. No. 20-2019, eff. 6-24-2019; Ord. No. 11-2020, § 1, eff. 3-31-2020]
City Council has approved the following sites as locations for street and sidewalk vending: Vending Sites
Grant and 4th (on the Northeast Corner of the intersection of Grant Street and 4th Avenue) (Latitude 40° 437560", Longitude - 79° 996318").
Stanwix and Liberty (on the Northeast Corner of Stanwix St and Liberty Avenue, outside the T-Station at the island inlet (Latitude 40° 441482", Longitude - 80° 004056").
500-600 Liberty Ave Site 1 (South of Liberty Avenue) (Latitude 40.442090", Longitude
-80.000799").
500-600 Liberty Ave Site 2 (South of Liberty Avenue) (Latitude 40.442122", Longitude
-80.000668").
414 Strawberry Way (South Corner of Montour Way and Strawberry Way) (Latitude 40.441917", Longitude -79.996729").
Fifth Ave and S. Bouquet St. (Southwest Corner of Fifth Avenue and S Bouquet Street) (Latitude 40.442469", Longitude -79.957484").
Forbes Avenue and S Bouquet Street (Northwest Corner of Forbes Ave and S Bouquet Street) (Latitude 40.441954", Longitude -79.956572").
5th Avenue and Bigelow Boulevard (on the northwest corner of the intersection of Bigelow Boulevard and 5th Avenue) (Latitude 40°26'40.194", Longitude -79°57'17.993").
Forbes Avenue and Bigelow Boulevard (on the northwest corner of the intersection of Bigelow Boulevard and Forbes Avenue) (Latitude 40°26'35.652", Longitude -79°57'13.532").
O'Hara Street and De Soto Street: Site 1 (at the east corner of the intersection of O'Hara Street and De Soto Street, on the northern side of De Soto Street) (Latitude 40°26'35.443", Longitude
-79°57'35.031").
O'Hara Street and De Soto: Site 2 (at the north/northwest corner of the intersection of O'Hara Street and De Soto Street, on the northern side of De Soto Street) (Latitude 40°26'35.774", Longitude -79°57'35.746").
5th Avenue and Craig Street: Site 1 (at the southeast corner of the intersection 5th Avenue and N. and S. Neville Street) (Latitude 40°26'48.865", Longitude -79°56'49.547").
5th Avenue and Craig Street (PNC side): Site 2 (at the southeast corner of the intersection 5th Avenue and N. and S. Craig Street) (Latitude 40°26'48.659", Longitude -79°56'55.592").
5th Avenue and De Soto Street: Site 1 (on the sidewalk on the northern side of 5th Avenue, just east of the intersection of 5th Avenue and De Soto Street; south of the University of Pittsburgh Graduate School of Public Health) (Latitude 40°26'32.448", Longitude -79°57'27.978").
5th Avenue and De Soto Street: Site 2 (on the sidewalk on the northern side of 5th Avenue, just west of the intersection of 5th Avenue and Bouquet Street; south of the University of Pittsburgh Graduate School of Public Health) (Latitude -79°57'27.495", Longitude 40°26'32.889").
CCB Grant Street and 4th Avenue (on the sidewalk on the northeast corner of the intersection of Grant Street and 4th Avenue, at the southwest corner of the City) (Latitude 40°26'16.971", Longitude -79°59'51.494").
CCB Grant Street and Forbes Avenue (on the sidewalk on the northeast corner of the intersection of Grant Street and Forbes Avenue, at the southwest corner of the City County Building) (Latitude 40°26'19.279", Longitude -79°59'49.795").
University of Pittsburgh Mobile District at Bigelow Boulevard: Site 1 (about halfway between 5th Avenue and O'Hara Street, on the eastern side of Bigelow Boulevard; this is the southernmost site of four sites at this location) (Latitude 40°26'42.303", Longitude -79°57'19.557").
University of Pittsburgh Mobile District at Bigelow Boulevard: Site 2 (about halfway between 5th Avenue and O'Hara Street, on the eastern side of Bigelow Boulevard; this site is just north of Site 1 at this location) (Latitude 40°26'42.361", Longitude -79°57'19.673").
University of Pittsburgh Mobile District at Bigelow Boulevard: Site 3 (about halfway between 5th Avenue and O'Hara Street, on the eastern side of Bigelow Boulevard; this site is just south of Site 4 at this location) (Latitude 40°26'42.832", Longitude -79°57'20.368").
University of Pittsburgh Mobile District at Bigelow Boulevard: Site 4 (about halfway between 5th Avenue and O'Hara Street, on the eastern side of Bigelow Boulevard; this is the northernmost site of four sites at this location) (Latitude 40°26'42.861", Longitude -79°57'20.446").
Bigelow Boulevard near Forbes Avenue: Site 1 (on the western side of Bigelow Boulevard, about ½ block north of the intersection of Bigelow Boulevard and Forbes Avenue; this is the southernmost site of two sites at this location) (Latitude 40°26'37.886", Longitude -79°57'15.27").
Bigelow Boulevard near Forbes Avenue: Site 2 (on the western side of Bigelow Boulevard, about ½ block north of the intersection of Bigelow Boulevard and Forbes Avenue; this is the northernmost site of two sites at this location) (Latitude 40°26'37.445", Longitude
-79°57'14.633").
151 Lake Drive: Site 1 (curb-side parking, on-street location, Southeast of the Highland Park Swimming Pool, located on Lake Drive between the Highland Park Swimming Pool and Carnegie Lake; this is the northernmost of three sites at this location) (Latitude 40°28'55.31", Longitude
-79°54'37.662").
151 Lake Drive: Site 2 (curb-side parking, on-street location, Southeast of the Highland Park Swimming Pool, located on Lake Drive between the Highland Park Swimming Pool and Carnegie Lake; this is the middle site of three sites at this location) (Latitude 40°28'55.163", Longitude
-79°54'37.932").
151 Lake Drive: Site 3 (curb-side parking, on-street location, Southeast of the Highland Park Swimming Pool, located on Lake Drive between the Highland Park Swimming Pool and Carnegie Lake; this is the southernmost of three sites at this location) (Latitude 40°28'54.972", Longitude
-79°54'37.817").
Margaret Morrison Street/Carnegie Mellon University Mobile District: Site 1 (along the northern side of Margaret Morrison Street) (Latitude 40°26'31.973", Longitude -79°56'19.956").
Margaret Morrison Street/Carnegie Mellon University Mobile District: Site 2 (along the northern side of Margaret Morrison Street) (Latitude 40°26'32.303", Longitude -79°56'19.068").
Margaret Morrison Street/Carnegie Mellon University Mobile District: Site 3 (along the northern side of Margaret Morrison Street) (Latitude 40°26'32.039", Longitude -79°56'19.609").
Margaret Morrison Street/Carnegie Mellon University Mobile District: Site 4 (along the northern side of Margaret Morrison Street) (Latitude 40°26'32.039", Longitude -79°56'19.425").
Margaret Morrison Street/Carnegie Mellon University Mobile District: Site 5 (along the northern side of Margaret Morrison Street) (Latitude 40°26'32.421", Longitude -79°56'18.508").
Margaret Morrison Street/Carnegie Mellon University Mobile District: Site 6 (along the northern side of Margaret Morrison Street) (Latitude 40°26'32.061", Longitude -79°56'19.86").
Tech Street and Margaret Morrison Street (at the southeast corner of the intersection Tech Street and Margaret Morrison Street) (Latitude 40°26'29.839", Longitude -79°56'29.404").
Market Square (clock/stage, on the inside of the southwest corner of Market Place) (Latitude 40°26'26.218", Longitude -80°0'10.753").
Market Square (1st base, on the inside of the southeast corner of Market Place) (Latitude 40°26'25.498", Longitude -80°0'8.831").
Market Square (2nd base, this site is designated as a produce stand, on the inside of the northeast corner of Market Place) (Latitude 40°26'26.843", Longitude -80°0'7.75").
Market Square (3rd base, on the inside of the northwest corner of Market Place) (Latitude 40°26'27.585", Longitude -80°0'9.951").
Mellon Square Park and William Penn Place: Site 1 (on the western side of William Penn Place, the northernmost site of two sites that are between the William Penn Place entrances to Mellon Square Park) (Latitude 40°26'27.172", Longitude -79°59'49.315").
Mellon Square Park and William Penn Place: Site 2 (on the western side of William Penn Place, the southernmost site of two sites that are between the William Penn Place entrances to Mellon Square Park) (Latitude 40°26'26.555", Longitude -79°59'49.643").
Wood Street and 5th Avenue (on the northwest corner of the intersection of 5th Avenue and Wood Street) (Latitude 40°26'27.003", Longitude -80°0'1.517").
5th Avenue and Grant Street (sidewalk site on the southeast corner of the intersection of Grant Street and 5th Avenue) (Latitude 40°26'21.227", Longitude -79°59'48.308").
"T" Station - Wood Street (at the southeast corner of the Wood Street Station triangle, which is also the northwest corner of the intersection of Wood Street and 6th Avenue) (Latitude 40°26'31.824", Longitude -79°59'58.195").
"T" Station - Stanwix Street (on the sidewalk at the northwest corner of the intersection of Liberty Avenue and Stanwix Street) (Latitude 40°26'31.802", Longitude -79°59'58.195").
Fort Duquesne Boulevard and 6th Street: Site 1 (near the northwest corner of 6th Street and Fort Duquesne Boulevard, along the western side of 6th Street, on the Roberto Clemente Bridge side of the intersection) (Latitude 40°26'39.536", Longitude -80°0'13.798").
Fort Duquesne Boulevard and 6th Street: Site 2 (near the northeast corner of 6th Street and Fort Duquesne Boulevard, along the eastern side of 6th Street, on the Roberto Clemente Bridge side of the intersection) (Latitude 40°26'39.301", Longitude -80°0'10.061").
Fort Duquesne Boulevard and 6th Street: Site 3 (at the southwest corner of 6th Street and Fort Duquesne Boulevard, along the western side of 6th Street, on the Downtown side of the intersection) (Latitude 40°26'38.206", Longitude -80°0'10.032").
Fort Duquesne Boulevard and 6th Street: Site 4 (at the southeast corner of 6th Street and Fort Duquesne Boulevard, along the eastern side of 6th Street, on the Downtown side of the intersection) (Latitude 40°26'38.345", Longitude -80°0'9.53").
Fort Duquesne Boulevard and 7th Street: Site 1 (near the northwest corner of 7th Street and Fort Duquesne Boulevard, along the western side of 7th Street, on the Andy Warhol Bridge side of the intersection) (Latitude 40°26'41.74", Longitude -80°0'3.64").
Fort Duquesne Boulevard and 7th Street: Site 2 (near the northeast corner of 7th Street and Fort
Duquesne Boulevard, along the eastern side of 7th Street, on the Andy Warhol Bridge side of the intersection) (Latitude 40°26'41.895", Longitude -80°0'3.273").
Fort Duquesne Boulevard and 7th Street: Site 3 (at the southwest corner of 7th Street and Fort Duquesne Boulevard, along the western side of 7th Street, on the Downtown side of the intersection) (Latitude 40°26'40.66", Longitude -80°0'3.399").
Fort Duquesne Boulevard and 7th Street: Site 4 (at the southeast corner of 7th Street and Fort Duquesne Boulevard, along the eastern side of 7th Street, on the Downtown side of the intersection) (Latitude 40°26'40.403", Longitude -80°0'2.838").
Gateway Center at Penn Avenue and Stanwix Street (sidewalk location at the northwest corner of the intersection of Penn Avenue and Stanwix Street) (Latitude 40°26'32.115", Longitude
-80°0'15.262").
7th Street and Penn Avenue (Opposite Katz Plaza; on the sidewalk southwest corner of the intersection of 7th Street and Penn Avenue) (Latitude 40°26'35.527", Longitude -80°0'1.189").
4503 Penn Avenue (on the sidewalk in front of St. Mary's Cemetery on the northeast corner of the intersection of Penn Avenue and 45th Street) (Latitude 40°27'58.34", Longitude -79°57'7.835").
North St. Clair Street and Bunker Hill Street (on the southeast corner of the intersection of North St. Clair Street, next to the City tennis courts in Flynn Parklet) (Latitude 40°28'45.773", Longitude
-79°55'7.339").
West Park along West Ohio Street (on the eastern side of West Ohio Street, near the tennis courts) (Latitude 40°27'7.491", Longitude -80°0'44.391").
East Park - Circle Flowerbed (in the northeast section of East Park, near the southwest corner of the intersection of Cedar Avenue and E. North Avenue) (Latitude 40°27'21.041", Longitude
-80°0'10.574").
Brookline Boulevard and West Liberty Avenue (on the southeast corner of the intersection of Brookline Boulevard and West Liberty Avenue) (Latitude 40°23'53.825", Longitude
-80°1'34.34").
Brookline Memorial Park (near the Brookline Recreational Center at the east end of Oakridge Street) (Latitude 40°23'29.513", Longitude -80°0'31.112").
Tony Dorsett Drive and Reedsdale Street: Site 1 (sidewalk site at the southeast corner of the intersection of Tony Dorsett Drive and Reedsdale Street) (Latitude 40°26'53.641", Longitude
-80°0'37.437").
Tony Dorsett Drive and Reedsdale Street: Site 2 (sidewalk site at the northeast corner of the intersection of Tony Dorsett Drive and Reedsdale Street) (Latitude 40°26'53.641", Longitude
-80°0'37.514").
Tony Dorsett Drive and Reedsdale Street: Site 3 (sidewalk site at the southeast corner of the intersection of Tony Dorsett Drive and Reedsdale Street) (Latitude 40°26'53.523", Longitude
-80°0'37.939").
Tony Dorsett Drive and W. General Robinson Street: Site 1 (sidewalk site at the southwest corner of the intersection of Tony Dorsett Drive and W. General Robinson Street) (Latitude 40°26'50.408", Longitude -80°0'36.78").
Tony Dorsett Drive and W. General Robinson Street: Site 2 (sidewalk site at the northwest corner of the intersection of Tony Dorsett Drive and W. General Robinson Street) (Latitude 40°26'50.202", Longitude -80°0'37.707").
Tony Dorsett Drive and W. General Robinson Street: Site 3 (sidewalk site at the southeast corner of the intersection of Tony Dorsett Drive and W. General Robinson Street) (Latitude 40°26'50.055", Longitude -80°0'36.664").
Tony Dorsett Drive and W. General Robinson Street: Site 4 (sidewalk site at the southwest corner of the intersection of Tony Dorsett Drive and W. General Robinson Street) (Latitude 40°26'49.791", Longitude -80°0'37.475").
Sandusky Street and E. General Robinson Street (off-street site at the northeast corner of the intersection of Sandusky Street and E. General Robinson Street) (Latitude 40°26'55.5", Longitude
-80°00'08.1").
Bunker Hill Street and N. Highland Avenue (at the southwest corner of the intersection of Bunker Hill Street and N. Highland Avenue, near the Highland Park entrance) (Latitude 40°28'42.398", Longitude -79°54'58.832").
Tony Dorsett Drive between Reedsdale Street and W. General Robinson Street (on the eastern side of Tony Dorsett Drive, just south of the intersection of Tony Dorsett Drive and Reedsdale Street) (Latitude 40°26'53.141", Longitude -80°0'37.475").
Tony Dorsett Drive between North Shore Drive and W. General Robinson Street (on the western side of Tony Dorsett Drive, roughly one-quarter of the way north from North Shore Drive to W. General Robinson Street) (Latitude 40°26'47.351", Longitude -80°0'36.394").
Allegheny Avenue and Ridge Avenue: Site 1 (on the southwest corner of the intersection of Allegheny Avenue and Ridge Avenue, the northernmost most site of two sites at this location) (Latitude 40°26'58.634", Longitude -80°1'6.159").
Allegheny Avenue and Ridge Avenue: Site 2 (on the southwest corner of the intersection of Allegheny Avenue and Ridge Avenue, the southernmost most site of two sites at this location) (Latitude 40°26'58.598", Longitude -80°1'6.178").
Allegheny Avenue and Western Avenue: Site 1 (at the southwest corner of the intersection of Allegheny Avenue and Western Avenue) (Latitude 40°27'5.097", Longitude -80°1'8.317").
Allegheny Avenue and Western Avenue: Site 2 (at the southeast corner of the intersection of Allegheny Avenue and Western Avenue) (Latitude 40°27'5.178", Longitude -80°1'7.525").
Mellon Park: Site 1 (at the west side of the Parking Lot that is at the entrance to the Park at the intersection of 5th Ave and Beechwood Boulevard, near the Mellon Spray Park and across from a path on the east side of the Parking Lot) (Latitude 40°27'13.929", Longitude -79°54'55.505").
Centre Avenue across from the Hill House Association (sidewalk site on the triangular section of
paved area that is on the southwestern side of the Centre Avenue entrance to the parking lot for 1860 Centre Avenue) (Latitude 40°26'34.4", Longitude -79°58'52.9").
Mellon Park: Site 2 (at the west side of the Parking Lot that is at the entrance to the Park at the intersection of 5th Ave and Beechwood Boulevard, near the Dan Cohen Playground and just south of Mellon Park: Site 1) (Latitude 40°27'13.495", Longitude -79°54'55.361").
North Shore Drive and Tony Dorsett Drive (on the southern side of N. Shore Drive, west of the intersection of N. Shore Drive and Tony Dorsett Drive, at the intersection of N. Shore Drive and the Three Rivers Heritage Trail) (Latitude 40°26'46.025", Longitude -80°0'36.413").
Fineview Baseball Field Parking Area at Jay Street (at or next to the parking area for the Fineview Baseball Field, which is at the western end of Jay Street) (Latitude 40°27'34.163", Longitude
-80°0'14.002").
Casino Drive and Sprout Way (on the southeast corner of the intersection of Casino Drive and Sprout Way) (Latitude 40°26'47.745", Longitude -80°1'11.189").
Morrow Park (at the southern corner formed by the intersection of Liberty Avenue and S. Aiken Avenue) (Latitude 40°27'23.01", Longitude -79°56'19.633").
Grant Street and Forbes Avenue (on the southeast side of the southern corner of the intersection of Grant Street and Forbes Avenue) (Latitude 40°26'19.004", Longitude -79°59'49.935").
Grant Street and Fifth Avenue (on the southwest side of the southern corner of the intersection of Grant Street and 5th Avenue) (Latitude 40°26'21.18", Longitude -79°59'48.284").
Penn Avenue and Sheridan Square (sidewalk site on the southwest corner of the intersection of Penn Avenue and Sheridan Square) (Latitude 40°27'39.831", Longitude -79°55'26.24").
N. Highland Avenue and Broad Street: Site 1 (at the northeast corner of the intersection of N. Highland Avenue and Broad Street) (Latitude 40°27'45.117", Longitude -79°55'27.211").
N. Highland Avenue and Broad Street: Site 2 (at the northwest corner of the intersection of N. Highland Avenue and Broad Street) (Latitude 40°27'48.158", Longitude -79°55'27.829").
2161 Centre Avenue (on the southern side of Centre Avenue, just west of the intersection of Centre Avenue and Dinwiddie Street) (Latitude 40°26'35.858", Longitude -79°58'50.439").
Herron Street and Centre Avenue (sidewalk site on the northeast corner of the intersection between Herron Street and Centre Avenue) (Latitude 40°26'56.269", Longitude -79°57'53.194").
W. General Robinson Street and Mazeroski Way (one sidewalk location along the north side of West General Robinson Street, roughly half-way between Mazeroski Way and the North Side Station Metro building, between two street trees; the vending site must be at least fifteen (15) feet away from the closest crosswalk line and must preserve at least six (6) feet of clearance on the sidewalk for pedestrian traffic) (Latitude 40°26'51.547", Longitude -80°0'30.147").
5th Avenue and Liberty Avenue (one sidewalk site along the northern side of Liberty Avenue, west of the intersection of Liberty Avenue and Fifth Avenue, about one-third of the way down the block; the vending site must be at least fifteen (15) feet away from the closest crosswalk line and
must preserve at least ten (10) feet of clearance on the sidewalk for pedestrian traffic) (Latitude 40°26'30.0", Longitude -80°00'11.3").
Tech Street and Frew Street (one street site along the north side of Frew Street, west of the intersection of Frew Street and Tech Street, about two-thirds of the way from Tech Street to the Peace Garden on Frew Street; the vending site must be at least fifteen (15) feet away from the closest crosswalk line) (Latitude 40°26'26.4", Longitude -79°56'34.0").
5513 Walnut Street (on the sidewalk on the northern side of Walnut Street, west of the intersection of Walnut Street and Filbert Street) (Latitude 40°27'5.589", Longitude -79°55'59.452").
§ 719.11. Penalties. [Ord. No. 61-2015, § 1, eff. 12-18-2015]
Any person violating any provision of this Chapter shall, upon conviction thereof, be subject to a penalty up to the maximum amount provided by Section 101.09 of the Pittsburgh Code of Ordinances.]
Section 2. The Pittsburgh Code of Ordinances, Title Seven, Business Licensing, Article Three, Sales Businesses, Chapter 719, is hereby amended and supplemented as follows:
719.01 Purpose and Intent.
The intent of this Chapter is to define the vending program within the City of Pittsburgh, and grant the Department of Permits, Licenses, and Inspections [as] the authority to administer and enforce for the program[’s administration].
719.02 Definitions.
As used in this Chapter, the following terms and words shall have the following meanings, unless the context clearly indicates that a different meaning is intended. The definitions of § 701.01 of the Pittsburgh City Code apply to this chapter unless modified by this section.
(a) CITY
Means the City of Pittsburgh. To the extent that this Article requires filings or submissions, City shall refer to the Department of Permits, Licenses, and Inspections, Department of Finance, City Planning or other entity that the City has legally designated to perform a function on its behalf.
(b) EMPLOYEE
For purposes of this Chapter, an individual who renders services at a vending stand at the direction and under the control of the licensee of that stand. Workers compensation insurance is required to cover any vending employee during the license period.
(c) LICENSE
The whole or any part of any permit, certificate, approval or other form of permission required by law, special ordinance, or any provisions of the Code to be obtained from the City or any agency as a prerequisite for carrying on a business, trade or profession or for doing any act, or for using any property.
(d) PEDDLER
[Any person, whether a resident of the City of Pittsburgh or not, traveling by foot from place to place, from house to house, or from street to street, carrying on their person, by push cart or wagon, goods, wares, services, or merchandise and offering and exposing the same for sale, or making sales and delivering articles to purchasers. It is further provided that one who solicits orders for delivery at a later date is deemed a peddler and subject to the provisions of this chapter.]
A vendor that operates without a vending vehicle or vending unit. Any person who solicits orders for delivery at a later date shall be deemed a peddler and subject to the provisions of this chapter.
(e) PERSON
Means any natural individual, firm, partnership, association, joint stock company, joint venture, public or private corporation or receiver, executor, person representative, trust, trustee, conservator or other representative appointed by order of any court.
(f) TAX COMPLIANCE LETTER
Certification from the Department of Finance that the applicant either is not delinquent on any taxes under Title 1 or is in compliance with current payment agreements. A Tax Compliance Letter shall be valid for one (1) year from its date of issuance, unless otherwise determined, at the discretion of the Department of Finance.
(g) VENDOR
Any person, whether a resident of the City or not,[ travelling by foot from place to place, from house to house, or from street to street, providing who sells or offers goods, services, wares or merchandise and offering and exposing the same for sale, or making sales and delivering articles to purchasers ]from an approved vending unit or vending vehicle or operating as a peddler. When the term "vendor" is used by itself in this Chapter with no other descriptor, it shall be interpreted to include all types of vendors that are regulated in this Chapter. Outdoor retail displays, dining seating, or other extensions of an adjacent storefront in the right-of-way or on private property shall not be considered vending and are not subject to this Chapter.
(h) VENDING UNIT
Any non-motorized vehicle, cart, towable trailer, table/stand, or other such property used by a vendor, includes bicycle, handcart, pushcart, wagon, or other device or thing whether or not mounted on wheels, as delineated by program guidelines.
(i) VENDING VEHICLE
Any motorized vehicle used by a vendor that includes self-contained vending operations. Must be a readily movable motorized vehicle with wheels or a vehicle with wheels capable of being towed by a motorized vehicle.
(j) STATIONARY VENDOR
Any vendor [person, whether a resident of the City or not, who sells or offers for sale goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm products, or provisions from an approved vending station unit or vehicle at a permitted fixed location.] who operates from an approved vending unit or vehicle at a permitted fixed location. Stationary vendors may leave units or vehicles secured in the permitted location outside of operating hours.
(k) MOBILE VENDOR
Any vendor [person, whether a resident of the City of Pittsburgh or not who, sells or offers for sale goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm products, or provisions from an approved vending unit or vehicle that] who does not [remain] operate at any fixed location. Mobile vendors must remove all vending materials during non-operating hours.
719.03 General Provisions.
The general provisions of Article 1 of this Title apply to this chapter unless excluded or modified by this Chapter.
719.04 License Requirement.
(a) Valid License Required. No person shall engage in the business of being a vendor on public or private property without having a valid license from the License Officer, unless otherwise provided. It shall be unlawful for any person to engage in business of being a vendor within the City unless a license has been issued by the License Officer and such license has not expired or is suspended or revoked. The License Officer has the authority to define the license types and parts regulated by this Chapter. The License Officer shall define the license types and parts in the rules and regulations.
(b) Non-Transferrable. No license holder may transfer, to another person, the right to operate under an issued license.
(c) Issuance and Display. Licenses [will] shall be issued according to regulations established by the License Officer and as required per § 701.02. Verification of a valid license shall be on display in a conspicuous location to the vendor's apparel, unit, and vehicle and visible to police officers, inspectors and the public as required by § 701.09(b)(2) and (3).
719.05 Additional Permitting Requirements
In addition to a vending license, vendors may be required to obtain and display a permit for vending activity in the public right of way, parks, other public property, and private property, when applicable and as determined by the License Officer.
(a) The Department of Mobility and Infrastructure is authorized to regulate the use of public right of way per § 411.01 [and will review any applications for stationary permits.] The Department of Mobility and Infrastructure may review a vendor permit application for a vending site located in the public right of way.
(b) The Department of City Planning is authorized to regulate the use of private property and [will] shall review any applications for Record of Zoning Approval, per the requirements outlined in Chapter 922, Development Review Procedures.
719.06 Term of License.
A license issued under the provisions of this Chapter shall be valid for a term of one (1) year from the date of the issuance, unless otherwise indicated, and shall be renewed yearly, including the registration of all employees. License holders may renew a license unless determined by the License Officer to be violators of a section of this ordinance, in which case the right to renew a license may be suspended or revoked. A listing of all active licenses shall be maintained and available publicly.
Vendors with employees shall be responsible for employees' violations of this Chapter and the rules and regulations. Licenses must be amended to add additional employees during the licensed period, where applicable.
719.07 Information Required.
In addition to the information required by 701.08, the applicant shall provide the following information or documents:
(a) Applicant. The name, address, and phone number of the applicant.
(b) Business Scope. A description of the nature of the business and goods to be bought, sold or rented.
(c) Operating Standards Affirmation. The vendor shall affirm they will perform regulated activities per the operating standards of this chapter and the rules and regulations.
(d) Employee(s). The name and contact information for all employees employed by the vendor for the licensing period. [The vendor must pay a fee for each vendor employee listed. Licenses must be amended to add additional employees during the licensed period, where applicable. Vendors with additional employees shall be responsible for employees' violations of this Chapter and the rules and regulations.]
(e) Health Department Permits. Documentation of Allegheny County Health Department permits, unless the vendor’s goods, services, wares, or merchandise are exempt.
(f) Operating Hours. The duration and hours of operation for which the right to do business is requested.
(g) Tax Compliance. A tax compliance letter. [Proof of registration for city business taxes and clearance that all taxes are paid.]
(h) Unit or Vehicle. A description, including its dimensions, current pictures of any vending unit or vehicle used, and its license plate number, if applicable.
(i) Additional Requirements. Documentation confirming compliance with any other county, state, federal, or otherwise applicable regulations, registrations, and certifications for general business operations, guidelines as well as specific requirements for the product or service sold or distributed, or other requirements, as established by the License Officer in the rules and regulations.
(j) Selected location. Selection of an [approved] authorized vending location, if applicable.
719.08 Operating Standards.
(a) Appearance and Maintenance. The vending unit or vehicle shall meet all regulations regarding maintenance and appearance to receive and retain a license. While operating in the City, the equipment, safety standards, visual appearance, and basic maintenance must be kept in good repair, as defined by the License Officer.
(b) Competition. No vendor shall operate within [(100 feet)] a radius of one hundred fifty (150) feet of a non-vendor or permitted stationary vendor offering for sale the same or similar primary goods, services, wares or merchandise, unless otherwise permitted by the competitive business, except where:
i. A stationary vendor holds a permit in a given location before the opening of a non-vendor business selling an item like or similar to the primary items sold by the vendor. The vendor shall be permitted to continue operations.
ii. Breweries, bars, and other establishments authorized to serve alcoholic beverages in the Commonwealth of Pennsylvania host vendors who may sell competitive products immediately adjacent to their establishments.
iii. Vending operations occur outside the operating hours of the competitive business or businesses.
iv. Vending operations occur on private property.
(c) Containment. Vendors shall only be authorized [permitted] to sell goods that can be contained on, in or under their approved vending unit or vehicle. No vendor shall set up, maintain or permit the use of any tables, crates, cartons, racks, devices or thing of any kind to increase the selling or display capacity of their vending unit or vehicle. Vendors must ensure no tripping hazards, such as cables and cords in pedestrian or customer paths, are present. If requested by the License Officer or a designee, vendors must provide any necessary barriers, cones, or signs establishing the vending perimeter or notifying oncoming traffic.
(d) Fumes & Emissions. Vending units and vehicles shall comply with all applicable Allegheny County Health Department regulations regarding smoke and odor control, and all food safety rules and regulations.
(e) Generators. No generators shall be operated on the exterior of a vending unit or vehicle, unless they are permanently mounted on the unit or vehicle.
(f) Good standing. The license officer considers compliance with the requirements of this section as necessary for vendors to remain in good standing.
(g) Loud Noises. Noise(s) emitted by vendors shall comply with applicable noise standards per the City’s Zoning Code and [according to regulations] as established by the License Officer in the rules and regulations.
(h) Mobility. The vending unit or vehicle, including all its contents, [vehicle or vending unit] shall be capable of movement at all times. [At the request of a city official or a city designee, the vending unit or vehicle must be available to move at any time.] The License Officer or designee may direct a vendor to move a vending unit or vending vehicle at any time as established in the rules and regulations.
[
(i) [Parking.
i. Vendors operating an approved vending vehicle may park their vehicles in legal on-street parking spaces for the purpose of vending or place any materials in these parking spaces if they pay the meters, when applicable, and these locations meet the safety and distance requirements established in the rules and regulations.
ii. If the vending vehicle occupies more than one (1) metered spot at a time (in areas without multi-space meters), they must pay all meters occupied by their vending vehicle. Vendor Vehicles that exceed 22 feet in length may be required to obtain parking permits or variances, as determined by the Pittsburgh Parking Authority, City, or its designee. The vendor must follow all laws regarding metered parking and parking area time limits. ]
(j) (i) [Permitted] Authorized Operating Hours. [Permitted] Authorized Operating Hours [will] shall be set by the License Officer and [be] published in the program rules and regulations.
(k) (j) Private Property. Vendors locating on private property, such as privately owned parking lots shall obtain a license to operate in the City and must follow all other applicable laws to operate a business, including but not limited to, securing any required permits and approvals.
(l) (k) Signage. Vendors shall be [permitted] allowed signs [attached to their vending unit or vehicle or located on the ground within the customer service area or in compliance with the program rules and regulations, which shall be informed by and updated with the City of Pittsburgh Zoning Code. Portable signs shall be removed from the sidewalk and stored away at the end of operating hours.]
(l) Siting. Vending Units and associated materials may not be located within 20’ of an intersection, as measured from the stop bar. Exceptions may be made for items less than forty-two (42) inches tall.
(m) Size. The vending unit or vehicle shall meet all size requirements, including limitations to operations on public sidewalks and streets, and may seek approval for an exception from the License Officer. Vending Vehicles that exceed 22 feet in length may be required to obtain parking permits or variances, as determined by the Pittsburgh Parking Authority, City, or its designee.
(n) Trash. No vendor shall be [permitted] allowed to dispose of any debris or waste products generated from the operation of their business into City owned and maintained trash receptacles. All vendors shall be accompanied by a metal or rigid plastic trash container(s) with a thirty-gallon combined minimum capacity if the vendor is selling a product that generates trash, and must be:
i. Attached externally to the vending unit or vehicle during operating hours and removed from public access during non-operating hours.
ii. Clearly marked and maintained; the vendor shall pick up, remove, and dispose of all trash or refuse, including maintaining a perimeter of at least twenty-five (25) feet surrounding the vending unit or vehicle, and any outdoor seating.
719.09 Peddlers.
In addition to the requirements of all vendors, peddlers shall be subject to requirements in this section.
(a) [Peddler Location(s)] Fifteen Minute Limit. No peddler shall remain more than fifteen (15) minutes in one (1) location. Upon the expiration of the fifteen (15) minutes, the peddler must begin moving to a location at least two hundred fifty (250) feet from the first location.
(b) [Peddler] Authorized Operating Hours.[Permitted Operating Hours. Permitted] Authorized Operating Hours will be set by the License Officer and be published in the program rules and regulations.
(c) Peddlers using a pushcart, wagon, or similar vending unit to sell their product must only operate in locations as defined in § 719.10.
719.10 Permitted Authorized Locations.
[The City will permit vending on public and private property in accordance with Chapter 9, Article V, Use Regulations. A list of current permitted districts, including public streets, sidewalks, and parks, within the City, shall be maintained and available publicly.
(a) Districts with Approved Use. Vendors shall be permitted to operate on the street and sidewalk if the following conditions are met:
i. The Zoning Code would allow vending or Outdoor Retail Sales & Services, on the adjacent private property as an Accessory or Primary use, either due to Zoning district or current use of the lot.
ii. Traffic safety, spacing, accessibility, and stormwater provisions established in the program rules and regulations.]
The License Officer shall authorize vending locations in the Right-of-Way and in City parks as identified in this section and established in the rules and regulations. The City shall maintain a record of authorized locations and make this record publicly available as established in rules and regulations.
(a) General. Vendors shall:
i. Comply with the traffic, safety, stormwater, spacing, and accessibility requirements established in the rules and regulations.
ii. Relocate, temporarily or permanently, when directed by the Licensing Officer to accommodate:
A. A Department of Mobility and Infrastructure authorized outdoor dining and retail license granted per Chapter 418.
B. An event with a special events permit granted per §470.02.
C. Uses of the right-of-way required for the public good as determined by the License Officer and as recommended by the Department of Mobility and Infrastructure.
(b) Right of Way. Vendors shall be authorized to operate on the street and sidewalk if the following conditions are met:
i. The vending site is located adjacent to property (private or public) where the “Outdoor Retail Sales & Services” use is permitted by the Zoning Code as a Primary or Accessory use. In addition, peddlers may operate in residential districts within the hours permitted by the program rules and regulations.
ii. If the vending site is located in a Parks (P) District, the adjacent property (private or public) must be used as a park.
iii. If located in the boundaries of or on the Right-of-Way surrounding a City-owned park, the vending site must be approved by the Public Art and Civic Design Commission in accordance with Chapter 175.
iv. If the vending site is located in a parking lane, the vendor must comply with the following conditions:
a. The site must be a legal parallel parking space.
b. The vendor must comply with all parking regulations and laws, including but not limited to when parking is authorized and parking time limits.
c. If located in a metered parking space, the vendor must pay the parking fees associated with all spaces occupied by the vendor vehicle.
(b) (c) [Districts] Locations with Additional Considerations.
i. Downtown. Within the boundaries of the Central Business District neighborhood, vendors may only operate in [parking spots] pre-approved locations for vending [but may use sidewalk spaces that would otherwise be permissible]. [Parking spots] Locations shall be approved for vending in accordance with § Chapter 175, Public Art & Civic Design Commission.
ii. Strip District. A vending license is not required to operate in the Strip District area bounded by Fifteenth (15th) Street, Twenty-Fourth (24th) Street, Liberty Avenue, and Waterfront Place and Railroad Street. All other laws apply, and a free and clear passage no less than four (4) feet wide must be maintained at all times. Vending units and associated materials may not be located within 20’ of an intersection, as measured from the stop bar. Exceptions may be made for items less than forty-two (42) inches tall. Vendors in [the Strip] this area must seek written permission from the adjacent building and/or property owner to use a specific/predetermined area for vending. The building and/or property owner may charge a fee for vending on their property.
iii. City parks. Within the boundaries of and on the Right-of-Way surrounding City parks, vendors may only operate in approved vending locations. These shall be established and updated in accordance with Chapter 175, Public Art & Civic Design Commission. Previously approved mobile and currently licensed stationary vending sites in and surrounding City parks shall carry over, unless and until deemed inappropriate by the License Officer and at the recommendation of the Department of Mobility and Infrastructure as outlined in §719.10.E, Pre-existing Locations. Only the portion of previously approved mobile vending locations in parks that meet new program standards, as outlined in program rules and regulations, may be used.
iv. Major Public Destination Facilities. Vendors may not locate directly adjacent to or within a radius defined in program rules and regulations from a Major Public Destination Facility as defined in §919.01.C of the Code.
v. Grandview Avenue. Vending is prohibited along Grandview Avenue and vending is prohibited on all the side streets from Wyoming Street to Shaler Street.
(c) (d) Group Vending Sites. [Group sites allocate a portion of the Right-of-Way for vending activity where some particulars of this ordinance and program rules and regulations, such as spacing requirements, may be waived. Applications for group sites shall be approved in accordance with Chapter 175, Public Art & Civic Design Commission.]The License Officer may authorize the use of a portion of the Right-of-Way for vending activity as a group vending site and modify or waive requirements of this ordinance and the rules and regulations. Group vending site locations shall be approved in accordance with Chapter 175, Public Art & Civic Design Commission.
(d) (e) Pre-existing Locations. Locations approved prior to the adoptions of this ordinance shall remain [available to its] authorized for use by their current license holders, unless the License Officer, at the recommendation of the Department of Mobility & Infrastructure, determines that:
i. [It is determined by the City that]The condition or use of the right-of-way has changed;
ii. The permitted or licensed activity negatively impacts public safety or the operations of the right-of-way; or,
iii. The use of the right-of-way is required for the public good; or,
[The ]If the license holder does not renew their license, and therefore vacates [resulting in vacation of ]the location[. If a location is vacated], authorization for use of any [allowance for] such location [will] shall be subject to current approval rules and regulations.
(e) (f) Otherwise Permitted Events. Community groups, business associations and similar organizations may vend on the public right-of-way during the hours and within the perimeters of a permitted special event with the approval of the City. Vendors participating in a [special event ]Special Event as defined per §470.02, City of Pittsburgh farmers market, or event otherwise permitted by the City do not require a Vending License to operate unless the timing and/or footprint extend beyond the permitted events.
(g) Vending from tents and tables. Vending from a tent and/or table does not require a license if limited to private property. In the public right-of-way, in parks, and on Adopt-A-Lot sites, such vendors are required to obtain a license if operating outside of the provisions of §719.10.F, Otherwise Permitted Events.
[719.11 Enforcement and Inspections.
The License Officer shall enforce the provisions of this Chapter in accordance with § 701.12 of this Title.
The License Officer may suspend or revoke a license in accordance with § 701.14 and § 701.09 of this Title.]
719.11 Implementation and Enforcement
(a) The License Officer is hereby authorized and directed to enforce the provisions of this Chapter in accordance with Chapter 701, General Provisions, including revoking or suspending a license or seeking penalties.
(b) The License Officer shall coordinate the implementation and enforcement of this ordinance and shall promulgate appropriate regulations for such purposes.
(c) The regulations promulgated by the License Officer shall be communicated to City Council.
(d) This ordinance shall take effect immediately following the posting of the regulations by the License Officer.
719.12 License Fees.
Unless otherwise indicated in any provision of this Code, license fee requirements per § 701.07 are applicable. The vendor must pay a fee for each vendor employee listed.
719.13 Notice.
When the License Officer determines that there has been a violation of any provision of the Chapter, the License Officer or their designee shall send the person engaging in unlawful vending activity a written notice of said violation(s). Such written notice shall identify specific violation(s), any corrective actions required to resolve the violation(s), and the right to appeal per this Chapter.
719.14 Appeals.
Any person aggrieved by any action of the License Officer shall have the right to appeal such action in accordance with § 701.16 of this Title.
719.15 Penalty.
Engaging in the business of vending within the City without a valid license, as required for the licensed activity, from the License Officer as required by this Chapter shall be a summary offense. Penalties and fines [will] shall be assessed in accordance with § 701.18 of this Title.
This penalty section shall not limit the rights of the City or any other person with legal standing to take any lawful action or seek any remedy available to them at law or in equity.
719.16 Severability.
This Chapter and the various parts, sections, subsections, sentences, phrases, and clauses thereof are hereby declared to be severable. If any part, section, subsection, sentence, phrase or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the Chapter shall not be affected thereby.
719.17 Repeal.
All resolutions, ordinances, or parts thereof in conflict in whole or in part with any of the provisions of this Chapter are, to the extent of such conflict, hereby repealed.
719.18 Authority.
This Code shall be enforced by the License Officer, or such other officer of the City, as designated. The License Officer is authorized at their discretion to promulgate additional regulatory guidelines in order to effectuate this ordinance.