[HISTORY: Adopted by the Borough Council
of the Borough of Monaca as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-12-1975 by Ord. No. 688; amended
in its entirety 10-28-2014 by Ord. No. 937]
A.
PERSON
TRANSIENT RETAIL BUSINESS
(1)
(2)
As used in this article, the following terms shall have the meanings
indicated:
Any natural person, partnership, association, firm, corporation,
or business of any type.
Includes the following:
Engaging in peddling, canvassing, soliciting or taking orders,
either by sample or otherwise, for any goods, wares or merchandise
upon any street or alley, sidewalk or public ground or from house
to house within the Borough of Monaca; or
Soliciting or taking orders for any goods, wares or merchandise
from a fixed location within the Borough, on a temporary basis, which
shall include but shall not be limited to such activities conducted
at the time of special occasions or celebrations, for seasonal purposes
or for or in advance of specific yearly holidays.
B.
In this article, the singular shall include the plural, the plural
shall include the singular, and the masculine shall include the feminine
and the neuter.
A.
No person shall engage in any transient retail business within the Borough of Monaca without first having obtained from the Borough Manager a license, for which the following fee, for the use of the Borough, shall be paid, provided no license fee shall be charged under this section 1) to farmers selling their own produce; 2) for the sale of goods, wares and merchandise donated by the owner thereof, the proceeds of which are to be applied to any charitable or philanthropic purpose; or 3) to any manufacturer or producer in the sale of bread and bakery products, meat and meat products, or milk and milk products, but all persons exempt hereby from payment of the license fee shall be required to register with the Borough Manager, obtain a license without fee, and obtain a background check as set forth in § 161-3; provided, further, that any person dealing in one or more of the hereinabove-mentioned exempted categories, and selling other goods, wares or merchandise not so exempted, shall be subject to the payment of the license fee fixed by this section for his activity in connection with the sale of goods, wares and merchandise not in such exempt categories; provided, further, that the Borough Manager may similarly exempt from payment of the license fee, but not from registering with him, persons working without compensation and selling goods, wares and merchandise for the sole benefit of any nonprofit group; provided, further, that every license issued under the provisions of this article shall be issued on an individual basis to persons engaging in such business; every individual shall obtain a separate license issued to him in his name, and the license fee hereby imposed shall be applicable to every such individual license.
Every person desiring a license under this article shall first
make application to the Borough Manager for such license. If such
person shall also be required to obtain a license from any state or
county officer, he/she shall provide such license to the Borough Manager.
The application shall contain the following information:
A.
His/her full name and address;
B.
His/her previous criminal record, if any;
C.
A current national criminal background check conducted by Intelius
Web-based national criminal history check at the applicant's
expense;
D.
The name of the person or entity by whom he/she is employed;
E.
The type of goods, wares and merchandise he/she wishes to deal with
in such transient retail business;
F.
The length of time for which such license is to be issued;
G.
The type and license number of the vehicle(s) to be used by him/her
in such transient retail business, if any; and
H.
The name of his/her automobile insurance company, together with written
proof of insurance.
Upon receipt of the application and the prescribed fee, the
Borough Manager shall transmit the application to a member of his
staff, who shall, without unnecessary delay, take such action as may
be necessary to verify the identity and character of the applicant
and to verify the statements and information contained in the application.
Upon completion of that review, if the staff member is satisfied that
the applicant is of good character and that the business is legitimate,
shall endorse his/her approval upon the application. If not so satisfied,
the staff member shall indicate upon the application his/her reasons
for recommending that such license not be issued.
The Borough Manager, following review of any application under
this article by the staff member, shall notify the applicant if the
application has been approved or disapproved. If approved, the Borough
Manager shall issue a license in accordance with the application.
The Borough Manager shall provide the applicant with a Borough of
Monaca solicitation license, a permit card for each person and a copy
of the Borough of Monaca No Knock List and No Knock Policy.[1] These articles remain the property of the Borough of Monaca
and must be promptly returned by the applicant to the Borough Manager.
Failure to return these documents will result in a forfeiture of the
applicant's deposit.
[1]
Editor's Note: Examples of the solicitation permit, No Knock List, and notice of no solicitation or peddling are included as attachments to this chapter.
Every license holder shall carry such license and official Borough
of Monaca permit card upon his/her person if engaged in a transient
retail business from house to house or upon any street, alley, sidewalk
or public ground or shall display such license at the location where
he/she engages in such business if doing so at a fixed location. Persons
shall exhibit such license and official Borough of Monaca permit card
upon his/her person and to be worn on his/her outermost garment so
that permits can be seen by anyone.
No person engaged in any transient retail business shall:
A.
Sell any product or type of product not mentioned in his license.
B.
Hawk or cry his wares upon any street, alley, sidewalk or public
ground.
C.
When selling from a vehicle, stop or park such vehicle upon any street
or alley in the Borough for longer than necessary in order to sell
therefrom to persons residing in the immediate vicinity.
D.
Park any vehicle upon any street or alley in the Borough for the
purpose of sorting, rearranging or cleaning any of his goods, wares
or merchandise or disposing of any cartons or wrapping material or
of any stock of wares or foodstuffs which may have become unsalable
through handling, age or otherwise.
E.
Engage in any such business, on a house-to-house basis, at any time
on Sunday or on any other day of the week at any time before 8:00
a.m. or after 5:00 p.m., except on advance appointments.
F.
Go in or upon any private residence in the Borough without having
been requested or invited to do so by the owner or occupant of such
residence.
G.
Knock on any residence that is on the No Knock List or displays a
No Knock Member door marker.
The Mayor is hereby authorized to suspend or revoke any license
issued under this article when the Mayor shall deem such suspension
or revocation to be beneficial to the health, safety or morals of
the Borough and its inhabitants, or for violation of any provision
of this article, or for giving false information on the application
for the license hereunder.
Any person aggrieved by the action of the Borough Manager in
granting or refusing to grant a license under this article or by the
Mayor in suspending or revoking a license shall have the right of
appeal from such action to the Borough Council. Every such appeal
shall be in writing, setting forth the matters objected to, and shall
be filed with the Borough Manager within 10 days after the action
appealed from. Such appeals shall be heard by the Borough Council
at its next regular meeting following the appeal, unless either party
requests a postponement. In no event shall the hearing be held more
than 30 days after the date the appeal is filed with the Borough Manager.
A stenographic record of the hearing shall be made, the cost of which
shall be paid by the person requesting the appeal. The Borough shall
be permitted to require the applicant to deposit money in advance
of the hearing in an amount estimated to be the cost of the services
to be provided by the stenographer. The decision of Council shall
be sent by any available electronic means, or by regular or by certified
mail, to the applicant without unreasonable delay. In case of suspension
or revocation of a license, no part of the license fee shall be refunded
to the person whose license shall have been suspended or revoked.
Any person who violates any of the provisions of this article
shall, for every such violation, upon conviction thereof, be subject
to a fine of up to $250 per day per violation.
Following is the form to be supplied by the Borough of Monaca
to and prominently displayed on the outside of his or her residence
door by each person requesting to be placed on the No Knock List.
