[HISTORY: Adopted by the Council of the City
of Easton as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-7-1959 by Ord. No. 1592 (Art.
305 of the 1965 Codified Ordinances)]
The following words and phrases, when used in
this article, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning:
Any person who is engaged in selling or offering for sale,
goods, wares, merchandise and/or services, without having been requested
or invited to do so by the owner or occupant thereof, at any place
within the City, other than on premises which such person occupies
as owner or lessee or as agent of the owner or lessee.
Any natural person, association, partnership, business, trust,
firm or corporation.
Any person who is engaged in soliciting orders for goods,
wares, merchandise and/or services, without having been requested
or invited to do so by the owner or occupant thereof, at any place
within the City, other than on premises which such person occupies
as owner or lessee or as agent of the owner or lessee.
[Amended 9-16-1964 by Ord. No. 1829]
A.
No person shall engage in the business of peddler
or solicitor within the City without first obtaining a license to
do so as herein provided.
B.
This article shall not apply to the following persons:
(1)
Any farmer upon his sales of his own produce in or
about the streets of the City;
(2)
Insurance companies or their agents or insurance brokers
authorized to transact business under the laws of the state;
(3)
Persons taking orders for merchandise by sample from
dealers or merchants for individuals or companies who pay a license
or mercantile tax at their chief places of business;
(4)
Persons soliciting for charitable or religious purposes;
and
(5)
Persons distributing by vehicle on a regular route
any meat, milk or bakery products.
[Amended 7-14-2004 by Ord. No. 4527]
An application for a license under this article
must be filed with the City License Officer, setting forth the following
information and containing the following requirements:
A.
Name and address of applicant.
B.
Description and license number or other means of identification
of any vehicle which the applicant expects to use while peddling or
soliciting.
C.
The kind of goods and/or services which the applicant
proposes to sell or solicit orders for.
D.
The length of time during which the applicant proposes
to engage in peddling or soliciting.
E.
Two photographs of the applicant at least two inches
square.
F.
A full set of the applicant's fingerprints, taken
by a member of the Bureau of Police.
G.
The applicant's previous record of convictions or
criminal offenses, if any.
H.
The name of the person by whom the applicant is employed,
if any.
I.
The application shall be sworn to before a notary
public or some other officer authorized to take affidavits within
the state.
J.
The application shall be accompanied by a fee as hereinafter
set forth.
The fees for licenses issued hereunder shall
be as follows:
Upon receipt of an application properly prepared,
executed and sworn to, and accompanied by the appropriate license
fee as herein specified, the City License Officer shall issue a license
containing the applicant's photograph and the information set forth
in the application, with the exception of the information relating
to the applicant's fingerprints and his previous criminal record.
The license shall also contain, in bold-face type, the following statement:
"The City of Easton does not endorse any products whatsoever. If you
are annoyed or offended in any way, phone Police Headquarters."
Every licensee hereunder shall at all times
when engaged in peddling or soliciting in the City carry such license
upon his person and shall exhibit such license, upon request, to all
police officers, City officials and citizens. No licensee hereunder
shall engage in peddling or soliciting orders for goods, wares, merchandise
and/or services not mentioned upon such license, nor shall any person
having a license to operate on foot operate from or with a vehicle.
No licensee hereunder shall engage in peddling
or soliciting by foot or from door to door at any time on a Sunday
or upon any other day of the week before 9:00 a.m. or after 5:00 p.m.,
prevailing time.
No licensee hereunder shall hawk or cry his
wares upon any of the streets or sidewalks of the City, nor shall
he use any loudspeaker or horn or any other device for announcing
his presence.
No licensee hereunder shall park any vehicle
upon any of the streets or alleys of the City in order to sort, rearrange
or clean any of his goods, wares or merchandise; nor may any such
licensee place or deposit any refuse upon any of such streets or alleys;
nor may any such licensee maintain or keep a street or curbstone market
by parking any vehicle upon any street or alley in the City for longer
than is necessary to sell therefrom to persons residing in the immediate
vicinity.
No licensee hereunder shall occupy any fixed
location upon any of the streets, alleys or sidewalks of the City
for the purpose of peddling or soliciting, with or without any stand
or counter.
No license issued hereunder shall be transferable
or used as such by any person other than the person to whom it was
issued.
A.
The Chief of Police is authorized to suspend any license
issued hereunder when he deems such suspension to be necessary for
the protection of the public health, safety or morals, or for violation
of any of the provisions of this article, or for giving false information
upon any application for a license hereunder.
B.
Any person aggrieved by any such suspension may file
an appeal thereof, in writing, with the Mayor within 10 days of such
suspension, whereupon the Mayor shall fix a time and place for the
hearing of the appeal, which time shall be not later than three days
from the receipt of the appeal. Council shall sit as a board to hear
the aforesaid appeals, and the decision of the board shall be final.
[Amended 10-22-1964 by Ord. No. 1842]
Any person violating any of the provisions of
this article, upon conviction, shall be fined not more than $300 and,
in default of payment of fine and costs, imprisoned not more than
90 days.
[Adopted 5-11-1983 by Ord. No. 2715 (Sec.
713.09 of the 1965 Codified Ordinances)]
[Amended 2-11-2009 by Ord. No. 5176]
Mobile food pushcart units, hereinafter referred to as "pushcarts," shall comply with the requirements of this article in addition to any requirements that may be imposed by the Chief Health Administrator to protect against health hazards related to the conduct of the food service establishment as a mobile operation. Subject pushcarts shall comply with the Pennsylvania Food Code, 7 Pa. Code § 46.1 et seq.; and Chapter 444, Public Health Standards, Part 3, Food, of the Code of the City of Easton.
A.
On the second Monday of each January, the City License
Officer shall auction off five spaces in the inner circle of Centre
Square, which include one space in each of four quadrants and one
space in the circle of Centre Square. No pushcart vendor shall operate
on a regular basis in any area of the City other than those five designated
locations. The areas to be auctioned off are more fully set forth
on the map attached hereto and made a part of this section.[1] The License Officer shall award each individual space to the highest bidder, such money to be paid to the License Officer immediately after the auction. Nonetheless, the minimum bid shall be as specified in Chapter 285, Fees. There shall be a limit of one space awarded per applicant, including associates or members of the applicant's family.
[1]
Editor's Note: The map showing mobile food
pushcart locations is available from the City Hall.
B.
Any vendor of a mobile push cart unit who purchased a space as specified in Subsection A hereof during the calendar year of 1995 shall be offered the same space at the same physical location as purchased in 1995 at the minimum price as specified in Chapter 285, Fees, as may be amended. Each year thereafter, only those vendors who had space in 1995 and are continuously purchasing that space thereafter shall be eligible to purchase the same space and location as occupied in 1995. If a vendor chooses not to purchase any space in any following year, that space shall be subject to auction as set forth in Subsection A hereof. The vendor shall not assign, sell or transfer interest in the space.
[Amended 10-25-1995 by Ord. No. 3392]
Upon receipt of the moneys bid aforesaid; upon
receipt of proof of insurance indemnifying the City from any liability
in regard to the operation of such pushcart, in a minimum amount of
$100,000; and upon proof that such pushcart unit and operation have
met applicable Health Codes, the City License Officer shall issue
a license for each space to the highest bidder to operate a pushcart
in such space for a period of one year, on a daily basis from 8:00
a.m. to 9:00 p.m. The license shall be carried on the vendor's person
and exhibited upon demand to any police officer, City Health Inspector
or other authorized officer or employee of the City. No pushcart is
permitted to remain in the same spot over night.
All pushcarts shall be self-contained, in that
it shall provide its own power. The only acceptable power source is
propane. The City shall not be responsible for providing any facilities
whatsoever, including, but not limited to, electricity for such units.
All pushcarts shall be provided with overhead
protection, shall have at least one fire extinguisher, and shall be
equipped with a safety pilot shutoff valve, also known as a Baso valve.
Pushcarts shall operate from a commissary or
other fixed food service establishment and shall report at least daily
to such location for all supplies and for all cleaning and servicing
operations, including emptying of liquid waste retention tank. The
commissary or other fixed food service establishment used as a base
of operation for such pushcart shall be constructed and operated in
compliance with other ordinances of the City and shall be licensed
by the Chief Health Administrator.
The licensee shall permit regular inspections
by the Chief Health Administrator of both pushcart and commissary
at such times and places as may be designated by the Chief Health
Administrator.
The pushcart operator shall pick up and remove
any and all papers, wrappers, bottles or other refuse dropped by him
or his customers in the vicinity of his pushcart. Each pushcart shall
be equipped with a suitable container into which all refuse shall
be placed by the operator and/or the public.
The Mayor reserves the right, through the License
Officer, to issue limited licenses for other pushcarts in other areas
of the City for various special events not to exceed three days.
The City reserves the right to relocate a pushcart
within 50 feet from the licensee's location in the event that it becomes
necessary to place a platform or other such facility in such location
on special occasions, as determined by the City.
The operator of a pushcart shall be precluded
from parking any other vehicle that he/she may have for that particular
day within the confines of Centre Square.
A.
Any pushcart vendor or any servant, employee, agent
or officer thereof who fails, neglects or refuses to comply with any
of the aforesaid terms or provisions of this section, or any requirement
made pursuant thereof and authorized thereby, shall, upon conviction
thereof, be fined not less than $25 nor more than $100 and costs and,
in default of payment thereof, shall be imprisoned for not more than
30 days.
B.
In addition to such penalty provision, the license
granted by this section to any pushcart shall be revoked upon the
second conviction for any violation thereof.
