[HISTORY: Adopted by the City Council of the City of Altoona
as Ch. 856 of the 1974 Codified Ordinances; amended in its entirety 3-8-2017 by Ord. No. 5698. Subsequent amendments noted where applicable.]
It shall be unlawful for any peddler, canvasser or transient merchant, as defined in § 673-2 of this chapter, to engage in any such business within the City without first obtaining a license in compliance with the provisions of this chapter.
When used in this chapter, the following terms shall have the
following meanings:
Includes any person, whether a resident of the City or not,
who goes from house to house, from place to place or from street to
street, soliciting or taking or attempting to take orders from individuals
for sale of goods, wares or merchandise, including magazines, books,
periodicals or for services 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 or
she is collecting advance payments on such orders.
City of Altoona.
Includes any person, whether a resident of the City or not,
who goes from house to house, from place to place or street to street,
conveying or transporting goods, wares or merchandise or offering
or exposing the same for sale or making sales of any type and/or nature
and/or delivering parts to purchasers and/or offering services of
any type.
A.
The terms of this chapter shall not be held to include the act of
persons selling personal property at wholesale to dealers in such
articles; newsboys/girls; nor to the acts of merchants or their employees
in delivering goods from a fixed place of business in the regular
course of business; farmers selling their own produce; the sale of
goods, wares and merchandise donated by the owners thereof, the proceeds
whereof are to be applied to any charitable or philanthropic purpose;
any manufacturer or producer in the sale of bread and bakery products,
meat and meat products or milk and milk products; provided, however,
that any person in all of the above excepted categories must register
with the Police Department and be subject to all other provisions
of this chapter, except those pertaining to the payment of license
fees; provided further, however, that the term "milk or milk products"
should not include or apply to ice cream or other frozen desserts;
and provided further that any peddler dealing in one or more of the
excepted categories and selling other goods, wares and merchandise
not excepted shall be subject to the license fixed by this chapter
for its activities in connection with the sale of goods, wares and
merchandise not in any of the excepted categories.
B.
Nothing in this chapter shall be held to prohibit any sale required
by statute or by order of any court or to prevent any person conducting
a bona fide auction sale pursuant to law.
Applicants for a license under this chapter must file with the
City Finance Department a sworn application, in writing, on a form
to be furnished by the City Finance Department, which will give the
following information:
A.
The name and physical description of the applicant.
B.
The complete permanent home address of the applicant and, in the
case of transient merchants, the local address from which the proposed
sales will be transacted.
C.
A brief description of the nature of the business and goods and/or
services to be sold.
D.
If employed, the name and address of the employer, together with
credentials therefrom, establishing the exact relationship.
E.
The source of supply of the goods or property to be sold or orders
taken for the sale thereof and the proposed method of delivery.
F.
A photo ID of the applicant, acceptable in form by the City.
G.
A statement as to whether or not the applicant has been convicted
of any crime, felony, misdemeanor or any violation of any municipal
ordinance, other than traffic violations, and the nature of the offense
and punishment or penalty assessed therefor.
H.
A form of identification for approval by the City Police Department, which must be exhibited at all times, pursuant to § 673-10 of this chapter.
I.
The length of time to be engaged in this work.
J.
The make and type of vehicle, if any, to be used and the registration
number of the same.
K.
If a vehicle is being used, the name of the driver, the driver's
license, vehicle registration number and certificate of current automobile
liability coverage.
A.
Any organization, society, association or corporation desiring to solicit, or have solicited in its name, money, donations of money or property or financial assistance of any kind or desiring to sell or distribute any item of literature, various types of tokens or merchandise for which a fee is charged or solicited from persons other than members of such organizations upon the streets, in office buildings, by house-to-house canvass or in public places for a charitable, religious, patriotic, and/or philanthropic purpose, shall be exempt from the fee provisions of § 673-7 of this chapter, provided that there is filed a sworn application, in writing, on a form furnished by the Police Department, which will give the following information:
(1)
The name and purpose of the cause for which the license is sought.
(2)
The name and address of the officers and directors of the organization.
(3)
A period during which solicitation is to be conducted.
(4)
Whether or not any commission, fees or wages are to be expended in
connection with such solicitation and the estimated amount thereof.
B.
Upon being satisfied that such organization, association or corporation
is a religious, charitable, patriotic or philanthropic organization,
the City Finance Department shall issue a license without charge.
A.
Upon receipt of each application, it shall be referred to the Chief
of Police or his or her designee, who shall immediately institute
such investigation of the applicant's business and reputation
of said business and any other information deemed necessary for the
protection of the public safety and health.
B.
If the results of said investigation are found to be satisfactory,
the Chief of Police or his or her designee shall endorse on the application
his or her approval and return the application to the City Manager's
office, who shall, upon payment of the prescribed license fee to the
City, deliver to the applicant his or her license within seven days
after it has been filed by the applicant with the Police Department.
In the event that such investigation should indicate that the granting
of such permit would or might be injurious to the public interest,
safety or health, the Chief of Police shall have the power and authority
to refuse to issue a license.
C.
Such license shall contain the signature of the issuing officer and
shall show the name, address and photograph of said licensee, the
fee paid, the date of issuance and expiration, as well as the license
number and other identifying description of any vehicle used in such
licensed business. Each peddler, canvasser or transient merchant must
secure an individual license. No license shall be used at any time
by any person other than the one to whom it is issued. The Police
Department shall keep a permanent record of all licenses issued and
those rejected.
No license shall be issued under this chapter until the proper
fees have been paid to the City and a copy of the receipt for same
given to the Police Department. Fees shall be charged as set forth
from time to time by resolution of the City Council and as may be
changed, from time to time, by resolution of Council.
A.
No licensee, nor any person in his or her behalf, shall shout, cry
out, blow a horn, ring a bell or use any sound or amplifying device
upon any of the streets, alleys, parks or other public places of the
City of Altoona or upon private premises where sound of sufficient
volume is emitted or produced therefrom to be capable of being plainly
heard upon the streets, avenues, alleys, parks or other public places,
for the purpose of attracting attention to any goods, wares or merchandise
for which the licensee proposes to sell.
A.
No licensee shall have any exclusive right to any location in the
public streets, nor shall any licensee be permitted a stationary location
thereon, nor shall any be permitted to operate in a congested area
where such operations might impede or inconvenience the public use
of such streets or sidewalks. Licensees shall be required to continue
to move about or to move to a new location every 30 minutes.
B.
No licensee or permit holder shall be permitted to solicit on Sundays
or legal holidays, nor before 9:00 a.m., nor after 5:00 p.m. prevailing
time, on weekdays and Saturdays.
A.
Licensees are required to exhibit their license and a form of identification
approved by the City at all times while engaging in business activities
within the City. No license shall be transferable.
B.
It is declared to be the policy of this City that the occupants of
residences within the City shall determine whether peddlers, canvassers
or transient merchants shall or shall not be invited to their respective
residences. Notice of the determination not to invite said solicitors
may be given by notice posted on the premises. Such written notice
shall constitute sufficient notice to any peddlers, canvassers or
transient merchants of the determination of the occupant.
C.
Any peddlers, canvassers or transient merchants who have gained entrance
to any residence, whether invited or not, shall immediately and peacefully
depart from the premises when requested to do so by the occupant.
D.
It is hereby declared to be unlawful and shall constitute a nuisance
for any peddlers, canvassers or transient merchants to go upon any
premises and ring the doorbell upon or near any door or create any
sound in any other manner calculated to attract the attention of the
occupant of such residence, for the purpose of securing an audience
with the occupant thereof and engage in soliciting in defiance of
the notice exhibited at the residence in accordance with the provisions
of this chapter.
The Chief of Police is hereby authorized to deny, suspend or
revoke any license issued under this chapter when he/she deems such
denial, suspension or revocation to be beneficial to the public health,
safety or morals, or for violation of any provision of this chapter,
or for giving false information upon any application for license hereunder.
Appeals from any suspension, revocation or denial of a license may
be made to the City Manager at any time within 10 days after such
suspension, revocation or denial, and a meeting shall be held within
30 days of the petition for appeal. No part of a license fee shall
be refunded to any person whose license shall have been suspended
or revoked.
Any person, firm or corporation that shall violate any of the
provisions of this chapter shall forfeit and pay the City for each
and every separate offense a sum of not less than $100 nor more than
$600, to be used for and recovered as other fines and penalties are
now by law recoverable and, in default of payment of the fines and
costs of prosecution, shall be imprisoned for a period not exceeding
30 days. Each day during which a violation occurs shall constitute
a separate offense.
