[HISTORY: Adopted by the Borough Council of the Borough of
West Mifflin as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-1-1976 by Ord. No. 796 (Ch. 13, Part 3, of the
1999 Code of Ordinances)]
A.
BOROUGH
FISCAL YEAR
LICENSE YEAR
PERSON
RESTAURANT OR OTHER PLACE WHERE FOOD AND DRINK OR REFRESHMENTS
ARE SOLD
RETAIL DEALER or RETAIL VENDOR
SECRETARY
TEMPORARY, SEASONAL OR ITINERANT BUSINESS
WHOLESALE DEALER or WHOLESALE VENDOR
The following words and phrases, as used in this article, shall have
the meanings ascribed to them in this section, unless the context
clearly indicates a different meaning:
The area within the corporate limits of the Borough of West
Mifflin.
The year commencing with July 1, 1976, and ending at 12:00
midnight on June 30, 1977, and from there on shall mean the twelve-month
period from July 1 through June 30.
The fiscal year beginning July 1, 1976, and ending at 12:00
midnight on June 30, 1977, and from there on shall mean the twelve-month
period from July 1 through June 30.
Any individual, partnership, limited partnership, association,
corporation, trust or estate. Whenever used in any section prescribing
and imposing a penalty, the term "person," as applied to associations
or partnerships, shall mean the members or partners thereof, and,
as applied to corporations, the officers thereof.
Includes such facilities of nonprofit corporations and/or
beneficial associations which are deemed or considered to be services
under either statutory or case law, or any other such facility which
is exempted by law.
Any person who is a dealer in or vendor of goods, wares,
and merchandise who is not a wholesale dealer or vendor, whether or
not such vending or dealing is the primary business activity.
The Borough Secretary of the Borough of West Mifflin.
Any business that is conducted for a limited period of time.
Any person who sells to dealers in or vendors of goods, wares
and merchandise and any merchant and to no other person, whether or
not such rending or dealing is the primary business activity of such
person.
B.
The terms "person," "wholesale dealer," "wholesale vendor," "retail
dealer," and "retail vendor" shall not include agencies of the government
of the United States or of the Commonwealth of Pennsylvania or any
persons vending or disposing of articles of his own growth, production
or manufacture.
C.
The singular shall include the plural, and the masculine shall include
the feminine and the neuter.
For the license year beginning on July 1, 1976, and ending June
30, 1977, and continuing thereafter from the license year beginning
July 1, 1977, and ending at 12:00 midnight on June 30, 1978, and thereafter
continuing year to year on a license-year basis, a mercantile license
fee for general revenue purposes is hereby imposed by the Borough
of West Mifflin in the manner and rate hereinafter set forth.
[Amended 4-10-1988 by Ord. No. 939; 9-6-1994 by Ord. No. 1029; 3-16-1999 by Ord. No. 1094]
A.
Every person desiring to continue to engage in, or hereafter to begin
to engage in, the business or occupation of wholesale or retail vendor
or dealer in goods, wares and merchandise and any person conducting
a restaurant or other place where food, drink or refreshments are
sold, whether or not the same is incidental to some other business
or occupation, and whether such person engaging in the business or
occupation of wholesale or retail vendor or dealer in goods, wares
and merchandise or conducting a restaurant or other place where food,
drink or refreshments are sold is stationary or transitory, within
the corporate limits of the Borough of West Mifflin shall, on or before
the 31st day of July 1976, and annually thereafter, and prior to commencing
business in any license year, procure a mercantile license for his
place of business, transitory facility or occupation in the Borough,
or, if more than one, for each place of business, transitory facility,
or occupation in the Borough, from the Secretary of the Borough of
West Mifflin, who shall issue the same upon payment of the fees as
established from time to time by resolution of Borough Council.
B.
Each person engaged in the aforesaid occupation who has more than
one place of business within the Borough of West Mifflin shall procure
from the Secretary of the Borough of West Mifflin the aforesaid mercantile
license required for each place of business or each transitory facility,
and the Secretary of the Borough of West Mifflin shall issue the same
upon the payment of an additional fee for each license procured at
the rate set forth above for the license fee.
C.
Such license shall be conspicuously posted at the place of business,
or each of the places of business, or transitory facility of every
such person at all times. Such license shall be renewed each license
year, and the Secretary shall reissue the proper mercantile license
upon payment of the fee as set forth above.
[Amended 3-16-1999 by Ord. No. 1094]
Whoever makes any false or untrue statement or whoever fails
or refuses to procure a mercantile license when so required under
this article or fails to keep his license conspicuously posted at
his place of business or transitory facility as required herein shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$600, plus costs, and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 30 days. Each day that a violation
of this article continues shall constitute a separate offense.
A.
Nothing contained in this article shall be construed to empower the
Borough to levy and collect the fees hereby imposed on any person
or any business or any portion of any business not within the taxing
power or police power of the Borough of West Mifflin under the Constitution
of the United States and the laws and the Constitution of the Commonwealth
of Pennsylvania.
B.
The provisions of this article shall not apply to nonprofit corporations
or associations organized for religious, charitable, or educational
purposes, agencies of the government of the United States, or any
person whose rates and services are fixed and regulated by the Public
Utilities Commission.
[Adopted 12-20-1988 by Ord. No. 953 (Ch. 13, Part 2, of the
1999 Code of Ordinances)]
[Amended 12-21-1999 by Ord. No. 1102]
The following words and phrases, when used in this article,
shall have the meanings ascribed to them in this section, unless the
context clearly indicates a different meaning:
The area within the corporate limits of the Borough of West
Mifflin.
Any individual, partnership, limited partnership, association,
trust or estate, or any other legal entity. Whenever used in any section
prescribing and imposing a penalty, the term "person," as applied
to associations or partnerships, shall mean the member or partners
thereof, and, as applied to corporations, the officers thereof. The
term "person" shall not include nonprofit corporations or associations
organized for religious, charitable, or educational purposes or any
political subdivision or governmental agency.
Any business that is conducted upon a realty site situate
in the Borough of West Mifflin for a period less than 60 days, or
any business which hawks, hucksters, sells or peddles goods, merchandise
or produce or solicits orders for goods or merchandise from house
to house or on the streets, roads, alleys, highways or rights-of-way
within the Borough or sells goods and merchandise from wagons, motor
trucks, or any other vehicles within the Borough of West Mifflin;
any door-to-door solicitations or solicitors of any kind seeking donations
of goods, services or money and/or support for causes or positions.
From and after the passage of this article, it shall be unlawful
for any person to continue to conduct or thereafter to begin to conduct
a temporary, seasonal or itinerant business or to hawk or peddle,
sell or offer to sell or solicit orders within the Borough of West
Mifflin as a traveling merchant or peddler or to set up a stand or
display on any realty to conduct the business for less than a period
of 60 days, unless a temporary permit has been secured, for each location,
site, truck or wagon, from the Ordinance Officer and Building Inspector's
office of the Borough of West Mifflin.
[Amended 10-18-1994 by Ord. No. 1035; 3-16-1999 by Ord. No. 1094]
A.
Each permit shall be granted for a specific period of time, in intervals
of two weeks, four weeks, six weeks or eight weeks, the fees to be
paid prior to issuing said permit, and the fees to be paid for the
different time intervals shall be established from time to time by
resolution of Borough Council.
B.
Any person requiring a permit for longer than an eight-week period
shall reapply for an additional permit based on the two-, four-, six-
or eight-week interval period and shall pay the additional fees established
for the said interval as established from time to time by resolution
of Borough Council.
The Building Inspector's office shall, prior to issuing
the permit, require all applicants to give information and data deemed
necessary, which shall include:
A.
The name
of the applicant;
B.
The owner
of the business making the application;
C.
The type
of business;
D.
The address
and telephone number of the business and owner, and, if a corporation
or association, the name, address and telephone number of an officer
of the corporation;
E.
The location
of the site and/or the type of vehicle and license plate number to
be utilized in the business;
F.
The name,
address and social security number of each employee to be utilized
on each site or within each vehicle.
[Amended 3-16-1999 by Ord. No. 1094]
A.
It shall be the duty of the Building Inspector's office, or
the Police Department, to inspect each site and each display or stand,
immediately upon erection of such site or display, to determine if
the site interferes with or obstructs the view of persons traveling
upon such streets, highways, alleys or thoroughfares or impedes the
flow of vehicle and foot traffic in such area. The stand or display
shall not be permitted to be erected in such a way as to interfere
with or obstruct the view of persons traveling upon any such street,
highway, alley or thoroughfare or impede the flow of traffic of vehicles
or pedestrians upon any street, highway, alley or thoroughfare.
B.
It shall be the duty of the Building Inspector's office or the
Police Department to view the site as often as necessary and at least
once a week during the life of the permit in order to make certain
that the aforesaid display or stand is not altered in such a way as
to threaten the safety of the traveling public.
C.
It shall be unlawful for any person to erect a stand or display in
such a way that it shall interfere with or obstruct the view of any
pedestrian or motorist upon any street, highway, alley or thoroughfare
or impede the flow of traffic, whether pedestrian or motorized, on
any street, alley or thoroughfare, sidewalk or any right-of-way. The
Police Department shall also, from time to time, inspect any truck,
wagon or any other vehicle used for selling from door to door for
compliance with equipment standards of the Vehicle Code of the Commonwealth
of Pennsylvania.[1]
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
[Amended 12-21-1999 by Ord. No. 1102]
A.
Issuance of a permit shall not be construed to allow any stand or
display to be erected in any public street, alley, highway, thoroughfare,
sidewalk or right-of-way. No person, whether the Borough has the power
to license the same or not, shall have any exclusive right to any
location in the public streets or rights-of-way or shall be permitted
a stationary location thereon, nor shall any person be permitted to
operate in a congested area where such operations might impede or
inconvenience the public use of such streets or sidewalks.
B.
No person or persons receiving a permit under this article shall
conduct door-to-door solicitations of residential properties, except
during the following periods of time:
(1)
November 1 through and including March 31: 9:00 a.m., prevailing
time, to 5:30 p.m., prevailing time.
(2)
April 1 through and including October 31: 9:00 a.m., prevailing time,
to 7:00 p.m., prevailing time.
(3)
No person or persons shall be permitted to conduct any door-to-door
solicitations of residential properties on any Sunday or on any holiday.
This permit, together with the payment of the fee, is required
in addition to any other permit, license, or fee mandated by the Borough
of West Mifflin.
Where a stand or display is to be established or erected on
private property, all applicants for such permit shall present to
the Building Inspector's office a written lease or written permission
from said owner of the realty permitting such use, prior to the issuance
of a permit.
All fees required under this article shall be made payable to
the Borough of West Mifflin and shall be placed into the general fund.
Nothing contained in this article shall be construed to empower
the Borough to collect a permit fee from any person or any business
or any portion of any business not within the taxing powers or the
policing powers of the Borough of West Mifflin under the Constitution
of the United States and the laws and the Constitution of the Commonwealth
of Pennsylvania.
[Amended 3-16-1999 by Ord. No. 1094]
Whoever makes a false or untrue statement in his application
or who shall commence business without securing this required permit
or who shall erect or use a stand or display in such a way as to impede,
obstruct or interfere with the view of any person traveling upon any
street, highway, sidewalk, street, road, or thoroughfare or obstruct
the flow of any pedestrian or vehicle traffic upon any street, highway,
road, alley or thoroughfare or sidewalk shall, upon conviction thereof,
be sentenced to pay a fine of not more than $600, plus costs, and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 30 days.
