[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]
A.
PERSON
TRANSIENT RETAIL BUSINESS
(1)
(a)
(b)
(2)
(a)
(b)
(c)
(d)
The following terms, whenever used in this article, have the meanings
indicated in this section, except where the context indicates a different
meaning.
Any natural person, partnership, association, firm or corporation.
Includes the following:
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
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.
Shall not include or apply:
To farmers, gardeners or dairymen selling their own products
of their own farms, gardens or dairies.
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.
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.
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.
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.
No person shall engage in any transient retail business, as defined in § 126-1 of this article, 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 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 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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
No license issued under this article shall be transferable from one
person to another.
[Amended 12-16-1997 by Ord. No. 1216]
No license fee shall be issued under this article 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 article. 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:
A.
Sell any product or type of product not mentioned in his license.
B.
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.
C.
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.
D.
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.
E.
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.
F.
Occupy any fixed location upon any street, road, lane, alley or sidewalk
with or without any stand or counter.
G.
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 article 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 article 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 article 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 article 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 article continues
shall constitute a separate offense. All fines are to be paid to the
Borough of Canonsburg.
[Adopted 1-11-2021 by Ord. No. 1352]
A.
BOROUGH
BRICK-AND-MORTAR ESTABLISHMENT
CODE ENFORCEMENT OFFICER
CONSUMER
FOOD
FOOD VENDOR
MOBILE VENDOR
STATIONARY VENDOR
VENDING ACTIVITIES
VENDOR
VENDOR EMPLOYEE
As used in this article, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
The Borough of Canonsburg, Pennsylvania.
An establishment at which food, beverages, goods, wares,
or merchandise are sold to consumers and which offer tables or seats
for consumers.
That person appointed by the Council of the Borough of Canonsburg
to issue permits, who shall be charged with the duty of administering
and enforcing this article. Police officers of the Borough of Canonsburg
Police Department are also authorized to enforce this article.
A person who is a member of the public, takes possession
of food, is not functioning in the capacity of an operator of a food
establishment or food processing plant, and does not offer the food
for resale.
Any raw, cooked or processed edible substance, beverage or
ingredient used or intended to be used in whole or part for human
consumption; provided, however, that products in hermetically sealed
containers processed by heat to prevent spoilage and dehydrated dry
or powered products so low in moisture content as to preclude development
of microorganisms are excluded from the terms of this definition.
Any person who transports, distributes, or sells to the public
foods, prepares foods or readily perishable food of a kind deemed
by a health officer to be capable of causing human food-borne illness
from a truck, trailer, cart, bicycle or other vehicle. "Readily perishable
foods" shall mean any food, beverage or ingredients consisting in
whole or in part of milk, milk products, eggs, meat, fish, poultry
or organisms which can cause food infections or food intoxication.
As used herein, includes any person, whether a resident of
the Borough of Canonsburg or not, who sells or offers for sale goods,
wares, merchandise, food, meats, fish, vegetables, fruits, garden
truck, farm products, or provisions from an approved vending vehicle
that shall not remain at any one location for a period greater than
24 hours.
As used herein, includes any person, whether a resident of
the Borough of Canonsburg or not, who sells or offers for sale goods,
wares, merchandise, food, meats, fish, vegetables, fruits, garden
truck, farm products, or provisions from an approved vending station
for a period longer than 24 hours.
Any conduct engaged in by a vendor, as defined in this article,
which shall include but is not limited to selling or offering for
sale, goods, wares, merchandise, food, meats, fish, vegetables, fruits,
garden truck, farm products, or provisions from an approved vending
station.
When the term "vendor" is used by itself in this article
with no other descriptor, it shall be interpreted to include all types
of vendors that are regulated in this article, including, but not
limited to, food vendor, mobile vehicular vendor, peddler, and stationary
vendor.
An employee without partial ownership of the business working
at a licensed establishment. Workers' compensation insurance is required
to cover any vendor employee during the license period.
B.
In this article, the singular shall include the plural, the plural
shall include the singular, and the masculine shall include the feminine
and neutral.
A.
It shall be unlawful for any person to engage in the business of
being a vendor or without first obtaining a license from the Borough
of Canonsburg.
B.
No permit shall be issued under this article until the proper fees
therefor shall be paid to the Borough or the Borough's designated
agent, with the below-required application. The permit fee shall be
set by the Borough Council from time to time by resolution. 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.
C.
No permit shall be necessary for vendors who are participating in
a special event approved by the Borough in accordance with the Borough
Code of Ordinances, so long as the organizer of the special event
registers the participating vendor with the Borough and pays any required
fees for the vendor's participation.
Every person desiring a permit under this article shall first
make application to the Borough or Borough's designee for such
permit. 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. Additionally,
any applicant for a permit under this article shall comply with the
following requirements:
A.
The applicant must provide proof of identification issued by a commonwealth,
state or the federal government. The applicant must be at least 18
years old;
B.
Provide a description of the nature of the business and goods to
be bought, sold or rented and the name, address and phone number of
the applicant;
C.
Provide the name and contact information for all employees employed
by vendor for the licensing period. The vendor must pay a fee for
each vendor employee listed;
D.
Provide EIN or tax ID number;
E.
Provide the duration and hours of operation for which the right to
do business is requested;
F.
Provide a description of any vehicle used and its license number,
including two photos of the vehicle (front and side), license plate
number, and copy of vehicle registration;
G.
Selection of approved location of vendor activities and proof of
authorization of any property owners to conduct vendor activities;
H.
Provide proof of registration for city business taxes and clearance
that all taxes are paid;
I.
Provide evidence that all required health licenses have been obtained;
J.
Provide a signed statement that the permittee shall hold harmless
the Borough of Canonsburg, its officers and employees and shall indemnify
the Borough of Canonsburg, its officers and employees for any claims
or damage to property or injury to persons which may be occasioned
by any activity carried on under the terms of the permit. The permittee
shall furnish and maintain such public liability, food products liability,
and property damage insurance as will protect the permittee and the
Borough from all claims for damage to property or bodily injury, including
death which may arise from operations under the permit or in connection
therewith. Such insurance shall provide coverage for bodily injury
for each person, for each occurrence and for property damage per occurrence,
as prescribed by the license officer. Vendors with employees are required
to obtain workers' compensation insurance. Vendors that use vehicles
are required to obtain vehicle insurance. Such insurance shall be
without prejudice to coverage otherwise existing therein and shall
further provide that the policy shall not terminate or be cancelled
prior to the expiration date of the permit without 30 days' written
notice to the Borough of Canonsburg. Before conducting business at
the location permitted by the Borough, the permittee shall name as
an additional insured on the policies of insurance hereinabove required
the owner of the property abutting the space between the prolongations
of the boundary lines of the location which run perpendicular to the
curbline to the property line of the same side of the street; and
K.
Incomplete applications will be rejected.
A.
The Council for the Borough of Canonsburg designates the Borough
Manager, Borough Code Enforcement Officer and Borough Police Department
to be the agents of the Borough primarily charged with the responsibility
of supervising the provisions of this section;
B.
A permit shall be valid from the date on which it is issued through
the date of which the permit expires as stated on the permit;
C.
Permits are nontransferable and shall contain the permit number of
the applicant and the dates of which the permit is valid;
D.
No permit shall be issued to any vendor who has had a permit suspended
or revoked within the last calendar year prior to the application
for a permit;
E.
If a vendor loses his or her permit, a replacement permit can be
obtained from the Borough for a fee of $5;
F.
Vendors are subject to all rules of this article and the complete
Code of Ordinances of the Borough while conducting business within
the Borough;
G.
Vendors conducting business from within the Borough shall not:
(1)
Park on any public street designated as a no-parking zone;
(2)
Park within a defined accessible parking space;
(3)
Park illegally in any manner as defined by the Borough Code and/or
the Commonwealth of Pennsylvania;
(4)
Park in such a manner that will block or cause to be blocked pedestrian
or vehicular traffic, roadways, sidewalks, crosswalks, driveways,
stairways, curb cuts, accessible access ramps; or block access to
buildings, parks, public conveyances, businesses, crosswalks, traffic
control poles containing pedestrian crosswalk button(s); or be within
10 feet of a fire hydrant or within five feet of any fire alarm or
other emergency communication device, including public telephones,
either by the parked location or by the location of any crowd that
the vendor may draw;
(5)
If a vendor attracts a crowd sufficient to obstruct the street or
public access to the street or sidewalk, a police officer may disperse
the portion of the crowd that is creating the obstruction;
(7)
If parking in front of Borough parking meters during enforcement
hours, the Vendor is responsible for payment to the meter(s);
(8)
Park directly in front of, or any side or rear of, a brick-and-mortar
establishment without written permission; if multiple brick-and-mortar
establishments are affected, written permission is required from each
brick-and-mortar establishment;
(9)
Park on a public street fronting any property zoned for or occupied
by a one-family or two-family residence (without acquiring written
permission);
(10)
No more than three vendors may operate on any approved Borough
block except during a special event, or unless written approval is
provided by the Borough or its designee; and
(11)
During periods of construction on the streets, sidewalks and
infrastructure, the Borough Manager and/or Code Enforcement Office
may from time to time temporarily exclude food vendors from areas
where there are issues of public safety, and the Borough Manager and/or
Code Enforcement Office or his/her designee may, in their discretion,
issue notices of exclusion from areas as the construction requires.
H.
Vendors shall not operate before the hour of 8:00 a.m. and shall
not operate after the hour of 9:00 p.m. except with the boundaries
of a permitted special event as defined by the Canonsburg Borough
Code of Ordinances;
I.
No vendor shall park overnight on Borough Streets; and
J.
All mobile vendor vehicles shall be subject to inspection during
operation by the Borough or designee thereof, including the Borough
Police Department and Volunteer Fire Department, in order to ensure
compliance with Borough, county, and commonwealth laws.
The provisions of this section take precedence over any other
Borough regulations and ordinances applicable to vendors. To the extent
other Borough regulations or ordinances are applicable and are inconsistent
with this section, this section shall govern.
A.
A vendor shall clearly display his or her permit at all times;
B.
Vendors may sell other goods or wares of their own artistic work;
C.
Vendors shall not tape or post signs or posters on windows or lean
signs against windows so as to obstruct a clear view through the window;
D.
No flashing or blinking lights, or strobe lights are allowed on mobile
vendor vehicles when the vehicle is parked;
E.
The Pennsylvania State Police, Bureau of Liquor Control Enforcement,
is responsible for enforcing the Pennsylvania Liquor Code[1] and any regulations thereto; as such, all requirements
established by the commonwealth will be enforced and required of food
trucks/collectives serving alcohol;
[1]
Editor's Note: See 47 P.S. § 1-101 et seq.
F.
Vendors shall not use stakes, rods, or any method of support that
is required to be drilled, driven, or otherwise fixed, in asphalt
pavement, curbs, sidewalks or buildings;
G.
No vendor on Borough grounds or streets shall connect to, or cause
to be connected to, any source of water or sewage on public or nearby
private property as part of preparation to serve or during service
and shall abide by the following concerning utility services:
(1)
Vendors are encouraged to seek electrical connection to a brick-and-mortar
establishment or residence to avoid the use of a generator;
(2)
The Borough will not provide electrical or sewage services;
(3)
Permission for use of the electric is between the owner of the private
property and the vendor; and
(4)
The vendor must provide a safe electrical connection that does not
harm or endanger the public of provide or restrict any public access
to streets, sidewalks and/or rights-of-way.
I.
Vendors shall not consume nor be under the influence of alcoholic
beverages or other controlled or intoxicating substances while serving;
J.
Mobile vendor vehicles may not be left unattended or otherwise stored on sites at which they offer the sale of food, beverage, wares, merchandise or goods to the public, unless allowed by Chapter 170, Zoning, or other Borough ordinance;
K.
Vendors may not conduct business with any person while such person
is situated in a motor vehicle;
L.
Vendors shall provide a suitably sized receptacle for litter and
garbage which shall be located within 10 feet of the vendor's
unit or station. The receptacle shall be maintained and regularly
emptied, and any litter or garbage must be disposed of by the vendor;
M.
The vendor is required to keep an area of 20 feet surrounding his
or her operation clean and free from litter, garbage and debris;
N.
Vendors shall equip their operations with a fire extinguisher and
allow the Chief of Police, Fire Chief and/or his/her designee, at
their discretion, to inspect any vendor vehicle or operation for fire
safety; and
O.
Propane and natural gas tanks shall be shut off while the mobile
vendor is in motion, unless the tank is equipped with an impact-detention
shutoff device approved by the United States Department of Transportation.
Propane and natural gas tanks must always be shut off while the mobile
vendor is unattended and/or in overnight storage. Mounted tanks must
be secure (NFPA 58, 5.2.4) and conform with NFPA standards relating
to the safe mounting of tanks as described in NFPA 58, 6.23.3.3, and,
in addition, be capable of withstanding impact requirements as required
by the NFPA (NFPA 58, 6.23.3.4).
A.
Vendors must comply with all federal, commonwealth and local laws
when performing vendor activities within the Borough;
B.
By decision of the Borough Chief of Police or designee thereof, in
case of an emergency, all vendors may be asked to move or relocate
and for said emergency;
C.
By decision of the Borough or designee thereof, in the case of an
emergency, all vendors can be canceled for said emergency;
D.
A permit may be suspended or revoked if a permit holder is found
to have knowingly provided false information on any application or
has violated the rules and regulations of any federal, commonwealth
or local law or ordinance rationally related to this permit;
E.
A permit issued hereunder shall not be transferable to any other
person or group for the purpose of conducting operations as a vendor;
F.
A police officer may remove vendors for interference with the enforcement
activities of the officer, or any other act which causes imminent
danger to the public health or safety;
G.
The Borough of Canonsburg Police Department shall have the authority
to remove or cause the removal of any vending equipment or merchandise
found on the street, sidewalk or other vending location in violation
of any regulations established pursuant hereto. In addition to any
forfeiture, the violator shall be liable for any removal, towing and
storage charges incurred by either Department;
H.
Vendors operating without a permit shall be sentenced, upon conviction,
to a summary offense and pay a fine and penalty as follows:
I.
The Borough or designee thereof may revoke any permit for a violation
of this article, a violation of any other Borough Code provision,
as violation of the laws of the Commonwealth of Pennsylvania and/or
a violation of federal law.
If any portion of this article is declared by any court of competent
jurisdiction to be invalid, it is the intention of the Borough Council
of the Borough of Canonsburg that all other parts remain in effect.
It is the intention of the Borough Council of the Borough of
Canonsburg that all ordinances that are in conflict with this article
are hereby repealed. Further, any ordinance not specifically mentioned
in this article that is not in conflict with this article shall remain
in full force and effect.
