When used in this chapter, the following terms shall have the
following meanings:
CHARITABLE ORGANIZATION
Any organization which has been granted an exemption by the
United States Internal Revenue Service under § 501(c) or
§ 509(a) of the Internal Revenue Code.
PARKING LOT
Includes any place maintained for the outdoor parking of
cars, excepting on a street, alley or other public place where such
parking is permitted upon payment of compensation or is made available
solely to patrons or customers of any place of business.
[Added 3-13-1984 by Ord.
No. 1410]
SOLICITOR
Includes any person who:
[Amended 3-13-1984 by Ord. No. 1410; 8-13-1991 by Ord. No. 1767]
A.
Goes from private house to private house, conveying or transporting
goods, wares or merchandise or offering or exposing the same for sale
or making sales or delivering articles, goods, wares or merchandise
to purchasers.
B.
Goes from private house to private house, soliciting or attempting
to take orders from individuals for the sale of goods, wares or merchandise,
including magazines, books, periodicals or personal property of any
nature whatsoever, for future delivery, or for service to be performed
at that time or in the future, whether or not such individual has,
carries or exposes for sale a sample of the subject of such order
or whether or not he is collecting advance payments on such orders.
C.
Goes from private house to private house, business to business
or parking lot to parking lot, disseminating any written information
for himself or herself or for any organization for any purposes, soliciting
donations or moneys for himself or herself or for any organization
for any purpose, whether or not anything of value is given in return.
D.
Goes from house to house, business or business or parking lot
to parking lot, delivering magazines, books, periodicals, or advertising
materials of whatsoever nature.
[Added 5-11-1994 by Ord.
No. 1889]
TRANSIENT MERCHANT
Includes any person who, temporarily and for a short time,
hires, rents or obtains a definite place of business, whether a storeroom,
market stand, motel room or a private residence, for the sale of goods,
wares, merchandise, fresh fruit or produce to offer or expose the
same for sale or for future delivery and sale. "Temporarily" and "for
a short time" shall be construed as three months or less.
The terms of this chapter shall not be held to include the acts
of merchants or their employees or agents in delivering goods or services
in the regular course of business, nor shall it apply to any manufacturer
or producer in the sale of bread and bakery products, meat and meat
products or milk and milk products.
It shall be unlawful for any solicitor or transient merchant, as defined in §
282-1 of this chapter, to engage in any such business within the Municipality of Monroeville without first obtaining a license therefor in compliance with the provisions of this chapter.
Solicitors for charitable organizations shall comply with the
provisions of this chapter, but no application or license fee shall
be charged.
[Amended 7-8-1997 by Ord.
No. 2042]
A. The application fee for solicitors and transient merchants shall be as provided in Chapter
194, Fees.
B. The license fee for solicitors and transient merchants shall be as provided in Chapter
194, Fees.
Licensees shall exhibit their licenses at the request of any
resident or police officer.
Any person aggrieved by the action of the Chief of Police or his designee in the denial of application approval as provided in §
282-5 of this chapter or in the action of the revocation provided in §
282-10 of this chapter shall have the right to appeal within five days thereafter to the Municipal Manager and then, if unresolved, by filing written notice of appeal for hearing by the Municipal Council at its next meeting. Upon such appeal, the Municipal Council may reverse, affirm or modify in any regard the determination of the Municipality of Monroeville.
All permits expire on the date specified in the permit.
[Amended 7-8-1997 by Ord.
No. 2042]
Any person, firm or corporation that shall violate any of the
provisions of this chapter shall forfeit and pay to the Municipality
for each and every separate offense a sum of not more than $600, to
be used for and recovered as other fines and penalties are now by
law enforceable, and, in default of payment of the fine and costs
of prosecution, shall be issued a citation.