[HISTORY: Adopted by the Borough Council of the Borough of Canonsburg as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-1-1988 as Chapter 13, Part 3, of the 1988 Code]
The following terms, whenever used in this chapter, have the meanings indicated in this section, except where the context indicates a different meaning.
- Any natural person, partnership, association, firm or corporation.
- (1) Includes the following:
- (a) Engaging in hawking, peddling, canvassing, soliciting or taking orders, either by sample or otherwise, for any goods, wares, books, magazines, works of art, merchandise or any other kind of article upon any street, road, lane or alley, sidewalk or public ground or from house to house within the Borough of Canonsburg; and
- (b) Selling, soliciting or taking orders for any goods, wares, books, magazines, works of art, merchandise or any other kind of article, 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.
- (2) Shall not include or apply:
- (a) To farmers, gardeners or dairymen selling their own products of their own farms, gardens or dairies.
- (b) To the sale of goods, wares, books, magazines, works of art, merchandise or any other kind of article donated by the owners thereof, the proceeds whereof are to be applied to any charitable or philanthropic purpose in the Borough of Canonsburg.
- (c) To any manufacturer or producer in the sale of bread and bakery products, meat and meat products, milk and milk products, grocery and grocery products and goods, merchandise or any other kinds of articles which are sold or delivered upon regular route to regular customers in the Borough of Canonsburg.
- (d) To the sale of goods, wares, books, magazines, works of art, merchandise or any other kind of articles, the proceeds whereof are to be applied in the Borough of Canonsburg or the Canon-McMillan School District for senior citizen purposes or activities, youth sport purposes or activities, school purposes or activities or to any other charitable or philanthropic purposes.
In this chapter, the singular shall include the plural, the plural shall include the singular and the masculine shall include the feminine and the neuter.
No person shall engage in any transient retail business, as defined in § 126-1 of this chapter, in the Borough of Canonsburg without first having obtained from the Borough Manager a license, unless such person's activities are not included in the term "transient retail business" as defined and set forth in any subsection of § 126-1 hereof.
Every person desiring a license under this chapter shall first make application to the Borough Manager for such license. If such person shall also be required to obtain a license from any county or state officer, he shall, when making such application, exhibit a valid license from such county or state officer. In addition thereto, any applicant for a license to engage in any transient retail business in the Borough of Canonsburg shall comply with the following requirements:
Upon such application, the applicant shall give his name and address, his previous criminal record, if any, the name and address of the person, corporation, firm, partnership, etc., by whom said applicant is employed, the type of goods, wares, books, magazines or merchandise he wishes to deal with in such transient retail business, the length of time for which such license is to be issued, the type and license number of the vehicle to be used, if any, and the number of persons he will use as helpers in such transient retail business.
Where an applicant for said license makes application for himself and one or more helpers, all applicable personal information specified above shall be given for each helper, and an individual license shall be required for each helper.
Any applicant shall submit proof satisfactory to the Borough Manager that said applicant is duly authorized by his employer to engage in transient retail business within the Borough of Canonsburg. Said proof shall be in the form of a letter or other verification from the employer directly to the Borough of Canonsburg, stating that said applicant is a duly authorized employee or agent of said employer authorized to engage in the transient retail business in the Borough of Canonsburg. The Borough of Canonsburg shall reserve the qualified right to verify statements made by the applicant that said applicant is indeed a duly authorized employee or agent of the employer listed in the credentials presented to the Borough Manager prior to the issuance of any license to engage in the transient retail business within the Borough of Canonsburg.
Any applicant for said license shall be required to submit to fingerprinting by the police of the Borough of Canonsburg, and in addition thereto, the Borough of Canonsburg may require said applicant to be photographed prior to the issuance of any license to engage in transient retail business in the Borough.
No license issued under this chapter shall be transferable from one person to another.
[Amended 12-16-1997 by Ord. No. 1216]
No license fee shall be issued under this chapter until the proper fees therefor shall be paid to the Borough Manager, with the above required application, which fee shall be for the use of the Borough of Canonsburg and which fees shall be as set forth from time to time by resolution of the Borough Council. For each and every person, salesman or helper employed with the original application, there shall be a like fee as set forth from time to time by resolution of the Borough Council.
Upon receipt of such application and the prescribed fee, the Borough Manager shall refer such application to the Mayor, who shall cause a Borough policeman whom he designates to make such investigation into the application that he shall deem to be necessary. Such investigation shall not require more than 72 hours. If said policeman shall find such application in order, he shall report the same to the Mayor, who shall thereupon report the same to the Borough Manager, who shall thereupon issue the license required under this chapter. Such license shall contain the information required to be given on the application therefor. Every license holder shall carry such license upon his person, if engaged in a transient retail business in the Borough of Canonsburg, and shall exhibit such license upon request to all police officers, Borough officials and citizens or residents of the Borough.
No person engaged in any transient retail business in the Borough of Canonsburg shall:
Sell any product or type of product not mentioned in his license.
Hawk or cry his goods, wares, books, magazines or merchandise upon any of the streets, roads, lanes, alleys, sidewalks or public grounds in the Borough, nor shall be use any loudspeaker or horn or any other device for announcing his presence by which the public is annoyed.
When selling from a vehicle, stop or park such vehicle upon any street, road, lane or alley in the Borough for longer than necessary in order to sell therefrom to persons residing in the immediate vicinity.
Park any vehicle upon any street, road, lane or alley in the Borough for the purpose of sorting, rearranging or cleaning any of his goods, wares, books, magazines or merchandise or of disposing of any carton or wrapping material or of any refuse or wares or foodstuffs which shall become unsalable through spoiling, age or otherwise.
Maintain or keep a street, road, lane, alley or curbstone market by parking any vehicle thereon or placing any table or objects on any sidewalk in the Borough for a period of time longer than necessary to sell therefrom to persons residing in the immediate vicinity.
Occupy any fixed location upon any street, road, lane, alley or sidewalk with or without any stand or counter.
Engage in the transient retail business at any time of the first day of the week, commonly called Sunday, or upon any other day of the week before 9:00 a.m. or after 8:00 p.m.
The Mayor is hereby authorized to suspend or revoke any license issued under this chapter when he shall deem such suspension or revocation to be in the interest of the public health, safety, welfare or morals or for violation of any provision of this chapter or for giving false information in any application for a license hereunder. Appeals from any such suspension or revocation may be made to the Borough Council at any time within 10 days after such suspension or revocation. No part of a license fee shall be refunded to any person whose license shall have been suspended or revoked.
The Borough Manager shall keep a record of all licenses issued under this chapter and shall furnish a list of all licenses issued hereunder to the Mayor and the Police Department, whereupon the Police Department shall supervise the activities of all holders of such licenses.
Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $300 and/or to imprisonment for a term not to exceed 90 days. Every day that a violation of this chapter continues shall constitute a separate offense. All fines are to be paid to the Borough of Canonsburg.