[HISTORY: Adopted by the Borough Council
of the Borough of Indiana as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-11-2012 by Ord. No. 2012-07[1]
As used in this article, the following terms shall have the
meanings indicated:
Any person who has been issued a transient retail business
license.
When used as being a transient retail dealer, a person, corporation,
partnership or any other form of organization.
The engaging, on a temporary basis, in the purchase, sale,
or bartering of personal property or services from any location within
the municipality, whether such personal property or services are offered
in a special going-out of-business sale, involves the offering for
sale of personal property or services brought into the location specifically
for the purposes of sales to the public, or the purchase of personal
property for resale. A retail business shall be considered transient
when such business is not located within the municipality with the
intent to remain in business indefinitely.
[Amended 9-6-2016 by Ord.
No. 2016-06]
Any person who shall engage in a transient retail business
as defined above, also referred to as a "vendor."
A.
Transient retail businesses are licensed to operate within the Borough
on private property with the consent of the property owner and under
the provisions set forth in code and zoning regulations.
B.
It is determined that public ways, including sidewalks, streets,
parking spaces and lots, are reserved for the purposes of convenient,
safe, and efficient pedestrian and vehicle conveyance, travel and
parking. Therefore, the use of public ways for other purposes, including
transient retail businesses, is limited to the provisions herein:
(2)
During special events in which a vendor, dealer, etc. has been included
in the special event application by the event sponsor and approved
under the provisions of Indiana Borough special event regulations.
(3)
Farmers markets sponsored by Downtown Indiana, Inc., at places preapproved
by the Borough of Indiana.
(4)
Upon submission and approval of application for one of the specified
places enumerated within this regulation.
C.
Transient retail businesses shall not be licensed to conduct activities
in residential areas or any public parking lot, except that roving
sales on residential streets from vehicles stopping for short periods,
e.g., ice cream trucks, may be licensed under this chapter upon submission
of application and approval by the Manager. Otherwise, transient retail
business activity may be conducted on sidewalks and parking spaces
only at the following designated places:
[Amended 9-6-2016 by Ord.
No. 2016-06]
(1)
Sidewalk vending.
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Philadelphia and North 5th Street, up to 100 feet west of North
5th Street
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Philadelphia and North 6th Street, up to 100 feet west of North
6th Street
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Philadelphia and North 8th Street to 500 feet east of North
9th Street
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Philadelphia and South 8th Street 200 feet west of South 8th
Street
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South 9th Street on east side at Philadelphia Street
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Philadelphia and South 10th Street, southeast corner
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Philadelphia and North 11th Street, north/west corner
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North 5th Street, west side between Philadelphia and Nixon Avenue
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North 6th Street, west side between Philadelphia and Nixon Avenue
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South 6th Street, west side between Philadelphia and Gompers
Avenue
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North 7th Street between Philadelphia and Nixon, upon completion
of the "people place"
| |
|
South 7th Street, east side between Gompers Avenue and Church
Street
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South 10th Street and School Street, west side up to 100 feet
south of School Street
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Oakland Avenue, south side at 11th Street
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Oakland Avenue southeast corner at 13th Street
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Oakland Avenue southeast corner at Paper Mill
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Oakland Avenue and South 13th Street and Maple Avenue, southwest
side
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(2)
Parking space vending.
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700 block Locust Street
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800 block School Street
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1000 block Washington Street
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D.
Transient retail businesses operating under the provisions of § 301-2B(3) are limited to operating Monday through Saturday 9:00 a.m. to 9:00 p.m. and Sunday 12:00 p.m. to dusk.
[Amended 9-6-2016 by Ord.
No. 2016-06]
E.
Only one vendor is licensed to operate at any one of the designated
places at any given time. The desired location shall be specified
in the application, and locations will be approved in the order applications
are submitted and processed. A delay in processing due to inaccurate
information or inability to verify information does not reserve priority
for a location by virtue of the date of submission.
F.
Vending carts authorized for use on sidewalks at an enumerated place
shall be of a size that will allow for a remaining four feet of unobstructed
walking space. Vending carts are subject to inspection by the Code
Department.
G.
Trailers or vehicles authorized for use at a designated parking space
shall be no larger than can be legally parked within two parking spaces.
All trailers or vehicles used in this manner shall have a current
registration and inspection. The vending side of the vehicle shall
be on the curb side of the parking space.
H.
Additional signage or other devices are not licensed to be displayed
on sidewalks or other public ways.
I.
Licensees vending from a roving vehicle or cart shall not interfere
with vehicle and pedestrian traffic and must maneuver or stop in accordance
with the Pennsylvania vehicle code.
[Amended 9-6-2016 by Ord.
No. 2016-06]
Every person, prior to beginning activity as a transient retail
dealer within the municipality, shall obtain a license as hereinafter
provided:
A.
Application: Application for a transient retail dealer's license
shall be made on a form provided by the municipality. The application
shall be completed in its entirety and signed by the applicant and
shall be submitted to the Manager. Transient retail business applicants
intending to vend food shall submit their Department of Agriculture
Safe Food certification with the application.
[Amended 9-6-2016 by Ord.
No. 2016-06]
B.
Application process.
(1)
Upon receipt of an application the information shall be reviewed
by the Police and Code departments who shall, prior to approval of
the application, submit information to the Manager pertaining to their
findings regarding the business.
(2)
Within two weeks of submission of the application, the Manager shall
approve or deny the request and inform the applicant in writing accordingly,
including assessing the applicable fee.
(3)
Upon approval and collection of the applicable fee, the Manager shall
issue a license to the transient retail dealer, which shall clearly
indicate the location and the expiration date.
C.
The issued license shall be displayed by the transient retail dealer
at all times while conducting activities.
The applicable fees payable to the municipality upon approval
of the application shall be provided for in the then-current Indiana
Borough fee schedule which is approved by Council. Metered parking
spaces are subject to current meter bag rental fees in addition to
other applicable fees in this article.
It shall be the responsibility of every transient retail dealer
to pay to the Indiana Borough Earned Income Tax Collector the proper
income taxes for himself or any employee on income earned as a result
of such activities.
The Manager or his/her designee is hereby authorized to revoke
or to suspend any license issued under this article under the following
circumstances:
A.
If the licensee or others named in the license are convicted of a
felony or misdemeanor during the approved operating period, or if
the licensee or others named in the license are arrested (including
summary offenses) while conducting activities.
B.
If the Manager or the Manager's designee determines the status
of the business as represented in the application has changed.
C.
If it is determined the licensee has given false information on the
application.
D.
If unsafe or harmful goods are being sold to the public or if the
business operation creates a safety concern for members of the public.
Any person convicted of a violation of this article shall, upon
conviction thereof, before a Magisterial District Justice, be fined
the sum of not more than $600, together with costs of prosecution,
and in default of payment of the same shall be sentenced to imprisonment
for not more than 30 days in the Indiana County Jail. Each day the
violation continues shall constitute a separate offense.
[Adopted 12-21-1993 by Ord. No. 1605]
A.
No person, association, partnership, firm or corporation
shall, either directly or indirectly, sell goods, wares, merchandise,
magazines, periodicals, books or other personal property by canvassing
or soliciting, or solicit or canvass for contribution, in the Borough
of Indiana without first having registered with the Police Department
and obtained an identification card from the Borough.
B.
No person, association, partnership, firm or corporation shall directly
or indirectly sell goods, wares, merchandise, magazines, periodicals
or other personal property on a public way, except:
[Amended 12-11-2012 by Ord. No. 2012-07]
A.
Any person desiring to engage in canvassing and soliciting
shall submit a written application to the Police Department on a form
to be furnished by the Borough, accompanied by two photographs (two
inches by three inches minimum) of himself, taken within six months
prior to the date of the application.
B.
The applicant shall state in such written application
his name, age, sex, home address, business address, name and address
of employer, if any, what he desires to canvass and solicit for, the
length of time he wishes to engage in this work, the make and type
of vehicle, if any, he will use, its registration number, the driver
registration number, certificate of automobile liability coverage
and whether he has ever been convicted of a felony, misdemeanor, or
a crime of any kind.
C.
In addition thereto, the application shall contain
the signature of the employer as well as of the applicant and shall
contain therein the stipulation and agreement on the part of the employer,
in consideration of the issuance of such license or permit, to become
liable for any and all acts of such solicitor while within the Borough
of Indiana, in violation of law or otherwise. Such employer liability
shall be construed to have no application to bona fide charitable
organizations.
D.
An identification card will not be issued to any person
who has been convicted of felony, misdemeanor or a crime of any kind
involving moral turpitude, and such person shall not be allowed to
engage in canvassing and soliciting in the Borough of Indiana.
E.
An identification card will be valid for the period specified and
for which the fee has been paid, based on a weekly, monthly, or annual
term for which it is issued. Such card may not be transferred from
one person to another and shall be considered a personal license.
[Amended 12-11-2012 by Ord. No. 2012-07]
[Amended 12-11-2012 by Ord. No. 2012-07]
Promptly upon receiving any application for a license to canvass
or solicit within the Borough of Indiana, the Chief of Police shall
initiate a cursory investigation of such application and applicant.
In the event that such investigation should indicate that the granting
of such license would or might be injurious to the public interests,
or to the public health, safety or morals, the Chief of Police shall
have, and is hereby given, the power and authority to refuse to issue
such license. In any instance where the Chief of Police should deem
it necessary or advisable to secure and check the fingerprints of
any such applicant, refusal of such applicant to voluntarily furnish
such fingerprints shall constitute, in and of itself, sufficient and
valid ground for refusal to issue such license. The Chief of Police
will issue to the applicant an identification card (to which one of
the applicant's photographs will be affixed) within 10 days from
the date of filing of the application, unless an extended investigation
is necessary to clarify or verify information received.
Every person to whom an identification card
has been issued shall in the conduct of his activity comply with the
following standards of conduct.
A.
He shall carry his identification card at all times
and exhibit it upon request to any police officer, ordinance officer
of the Borough or to any other person whom he shall call or with whom
he shall talk.
B.
He shall not permit any person to have possession
of his identification card and shall immediately report its loss to
the Borough Police Department. He shall not cause or permit his identification
card to be altered or defaced in any way.
C.
He shall not enter or attempt to enter any dwelling
without the invitation or permission of the occupant and shall immediately
leave any premises upon request of the occupant.
D.
He shall engage in canvassing and soliciting between the hours of
9:00 a.m. and 9:00 p.m. Monday through Saturday. Such activities shall
be unlawful on Sunday, legal holidays, or at times other than as designated
Monday through Saturday.
[Amended 12-11-2012 by Ord. No. 2012-07]
E.
He shall not be guilty of any false pretense or misrepresentation
and, particularly, he shall not represent his identification to be
an endorsement of himself or his goods or services or of the goods
or services of his employer.
G.
He shall immediately surrender his identification
card to the Borough of Indiana Chief of Police upon revocation thereof.
Any identification card may be revoked by the Chief of Police if the holder fails to comply with the standards of conduct contained in § 301-12 hereof, or any of them, or ascertainment by the Chief of Police that the holder has made a false statement in his application.
A.
This article shall not apply to boys or girls under
the age of 16 years, who take orders for and deliver newspapers, greeting
cards, candy, and the like, or who represent the Boy Scouts and Girl
Scouts or similar organizations and take orders for and deliver cookies
and the like.
B.
Any person who works for an organization which has
been registered with the Pennsylvania Department of State, as required
by Act. No. 337, approved August 9, 1963,[1] known as the "Solicitation of Funds for Charitable Purposes
Act," shall not have to register with the Borough of Indiana, but
such organization shall cause notice to be given to the Chief of Police
that such person will be canvassing and soliciting in the Borough
of Indiana; any such person shall carry an appropriate identification
card issued by the organization for which he works.
[Amended 4-6-2010 by Ord. No. 2010-02]
[1]
Editor's Note: See 10 P.S. § 162.1 et seq.
C.
Any person soliciting funds for a charitable cause
which is not within the purview of the Solicitation of Funds for Charitable
Purposes Act and not registered thereunder shall be required to file
an application as required under this article, except that the Chief
of Police may, at his option, waive the requirements for the submission
of photographs of the applicant. Further, recognizing that no profit
is derived by any individual from such activity, no fee shall be charged
for the issuance of a license to solicit for bona fide charitable
contributions.
[Amended 4-6-2010 by Ord. No. 2010-02]
D.
Canvassing for religious or political activities does not require
a license, unless such activity involves solicitation of funds and
the person or organization is not registered as a nonprofit organization.
[Added 12-11-2012 by Ord. No. 2012-07]
[Amennded 4-6-2010 by Ord. No. 2010-02; 12-11-2012 by Ord. No.
2012-07]
A.
Every person engaged in canvassing and soliciting in the Borough
of Indiana and not exempt from the requirements of this article shall
pay registration and motor vehicle registration fee as provided in
the then-current Indiana Borough fee schedule.
B.
Every person engaged in the canvassing or soliciting
in the Borough of Indiana who utilizes a movable cart, trailer, or
similar equipment to sell goods, wares, or merchandise within Indiana
Borough shall be charged a fee as set from time to time by resolution
of the Borough Council.
[Amended 4-6-2010 by Ord. No. 2010-02]
Any person convicted of a violation of this article shall, upon
conviction thereof before a Magisterial District Justice, be fined
the sum of not more than $600, together with costs of prosecution
and, in default of payment of the same, shall be sentenced to imprisonment
for not more than 30 days in the Indiana County Jail. Each day the
violation continues shall constitute a separate offense.
