[HISTORY: Adopted by the Borough Council of the Borough of Irwin as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-11-1985 by Ord. No. 731 (Ch. 13, Part 1B, of the 1993 Code)]
No person, association, partnership, firm or corporation shall, either directly or indirectly, sell or peddle goods, wares, merchandise, magazines, periodicals, books, flowers, produce or other personal property by canvassing or soliciting; by taking orders, either by sample or otherwise, on a temporary basis; or solicit or canvass for contributions on a temporary basis in the Borough of Irwin without first having registered with the Borough Manager of the Borough of Irwin and having obtained an identification card from the Borough of Irwin.
A. 
Any person desiring to engage in canvassing and soliciting shall submit a written application to the Borough Manager of the Borough of Irwin on a form to be furnished by the Borough of Irwin, accompanied by two photographs (two inches by three inches minimum) of himself taken within six months prior to the date of 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 crime of any kind.
C. 
In addition thereto, the application shall contain the signature of the employer as well as that 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 canvasser or solicitor while within the Borough of Irwin in violation of law or otherwise. Such employer liability shall be construed to have no application to bona fide charitable organizations registered with the Department of State, Commonwealth of Pennsylvania.
D. 
The identification card will be valid for the period so requested by the applicant, but in no event shall the period extend beyond the period of three months. Such card may not be transferred from one person to another.
The Borough Manager of the Borough of Irwin, upon receiving an application for a permit to canvass or solicit within the Borough of Irwin, shall promptly request the Chief of Police to review the application and to thoroughly investigate the applicant. In the event that such investigation indicates that the applicant has been convicted of any felony, misdemeanor or crime of any kind involving moral turpitude, the Chief of Police shall inform the Borough Manager, who shall have the power and authority to refuse to issue such license or permit. 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 grounds for refusal to issue such license. The Borough Manager of the Borough of Irwin 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 the application.
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 of Irwin or to any other person on whom he shall call or with whom he shall talk.
B. 
He shall not permit any person to have possession of the identification card and shall immediately report its loss to the Borough of Irwin 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 the premises upon request of the occupant.
D. 
He shall engage in canvassing and soliciting from house to house between the hours of 9:00 a.m. and 5:00 p.m., Monday through Saturday, legal holidays being excepted therefrom. Such activities at any other time being hereby expressly declared unlawful.
E. 
He shall not sell any goods, wares, merchandise, magazines, periodicals, books, flowers, produce or other personal property not mentioned in his license.
F. 
He shall not sell his wares upon any street, alley, sidewalks or municipal park or playground in the Borough of Irwin.
G. 
When operating from a vehicle, he shall not stop or park such vehicle upon any street or alley in the Borough of Irwin for longer than necessary in order to sell therefrom to persons residing in the immediate vicinity.
H. 
He shall not park any vehicle upon any street or alley in the Borough of Irwin for purposes of sorting, rearranging or cleaning any of his goods, wares or merchandise or of disposing of any carton, wrapping material or of any stock or wares or foodstuffs which have become unsalable through handling, age or otherwise.
I. 
He shall not engage in any business activity prohibited in the Borough of Irwin by general ordinances, regulations, rules, statutes and codes enacted by the Borough of Irwin, County of Westmoreland or Commonwealth of Pennsylvania.
J. 
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.
K. 
He shall immediately surrender his identification card to the Borough Manager of the Borough of Irwin upon revocation thereof.
Any identification card may be revoked by the Borough Manager of the Borough of Irwin if the holder fails to comply with the standards of conduct contained in § 180-4 of this article, or any of them, or ascertainment by the Chief of Police or Borough Manager of the Borough of Irwin that the holder has made false statements in his application.
This article shall not apply to boys or girls under the age of 18 years who shall take orders for and deliver newspapers, greeting cards, candy, cookies, hoagies and the like, or who represent Boy Scouts, Girl Scouts or the Norwin School District or similar organizations.
[Amended 7-7-1993 by Ord. No. 791]
A. 
A fee, in an amount established from time to time by resolution of the Borough Council, shall be charged for canvassing and soliciting in the Borough of Irwin, unless exempted hereinafter, and shall be paid to the Borough Manager.
B. 
No license fee shall be charged under this section for:
(1) 
Farmers selling their own produce;
(2) 
Sale of goods, wares and merchandise donated by owners thereof, the proceeds whereof are to be applied to any charitable or philanthropic purpose;
(3) 
To any manufacturer or producer in the sale of bread and bakery products, meat or meat products or milk or milk products;
(4) 
Any person who works for an organization soliciting or canvassing contributions which has filed a registration statement with the Department of State of the Commonwealth of Pennsylvania as required by the Solicitation of Funds for Charitable Purposes Act, 10 P.S. § 162.1 et seq.; and[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(5) 
Any person who works without compensation selling goods, wares or merchandise for the sole benefit of any nonprofit corporation registered with the Department of State of the Commonwealth of Pennsylvania.
C. 
Any person dealing in one or more of the above-mentioned exempted categories and dealing with other goods, wares or merchandise not so exempted shall be subject to the payment of the license fee fixed by this section for his activities in connection with the sale of goods, wares and merchandise not in such exempted categories.
D. 
Every license issued under the provisions of this article shall be issued on an individual basis to persons engaging in such business; every individual shall obtain a separate license, issued to him in his name, and the license fee hereby imposed shall be applicable to every such individual license.
E. 
Any person dealing in one or more of the above-mentioned exempted categories must still file an application in accordance with the procedure outlined hereinabove and observe the stated standards.
The Borough Manager of the Borough of Irwin is hereby authorized to suspend or revoke any license issued under this article for violation of any of the provisions of this article or for giving false information upon any application for a license hereunder. Appeals from any suspension or revocation may be made to the Borough of Irwin 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 has been suspended or revoked.
[Amended 7-7-1993 by Ord. No. 731]
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine not more than $600 plus costs and, in default of payment, to imprisonment for not more than 30 days. Each day that a violation of this article continues shall constitute a separate offense.
[Adopted 5-11-1987 by Ord. No. 744 (Ch. 13, Part 1A, of the 1993 Code)]
No person, association, partnership, firm or corporation shall, either directly or indirectly, sell goods, wares, merchandise, magazines, periodicals, books, food or foodstuffs, flowers, or other personal property on a transient or temporary basis from a fixed location without first having registered with the Borough Manager and obtaining an identification card from the Borough.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). This ordinance revised "Borough Secretary" to "Borough Manager" throughout this article.
A. 
Any person desiring to engage in the transient retail or wholesale selling of any such items of personal property set forth above in § 180-10 of this article shall submit a written application to the Borough Manager on a form to be furnished by the Borough, accompanied by two photographs (two inches by three inches minimum) of himself or herself taken within six months prior to the date of the application.
B. 
The applicant shall state in such written application his or her name, age, sex, home address, business address; name and address of employer, if any; what he or she desires to sell; the length of time he or she wishes to engage in this work; the make and type of vehicle, if any, he or she will use in transporting the merchandise to the fixed location, its registration number, the driver registration number, certificate of automobile liability coverage, and whether he or she has ever been convicted of a felony, misdemeanor or a crime of any kind.
C. 
In addition thereto, the application shall contain the signatures of the applicant and applicant's employer (if applicable) 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 vendor while within the Borough of Irwin in violation of law or otherwise.
D. 
The applicant shall also submit a written statement from the owner and tenant of the premises where the applicant shall be engaging in the transient retail or wholesale vending, wherein the owner and tenant shall signify their consent and approval of the temporary occupancy by the applicant vendor.
E. 
An identification card will not be issued to any person who has been convicted of a felony, misdemeanor or a crime of any kind involving moral turpitude, and such person shall not be allowed to engage in transient retail or wholesale selling in the Borough of Irwin.
F. 
An identification card will be valid for the balance of the calendar year in which it is issued. Such card may not be transferred from one person to another and shall be considered a personal permit or license.
Promptly upon receiving any application for a permit to vend within the Borough of Irwin, the Chief of Police shall cause such application and applicant to be thoroughly investigated by the Police Department of the Borough of Irwin. In the event that such investigation should indicate that the granting of such permit would or might be injurious to the public interest or to the public health, safety or morals, the Chief of Police shall have, and is hereby given, the power and authority to report such matters to the Borough Manager, who shall have the power and authority to refuse to issue said license or permit. In any instance where the Chief of Police shall 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 grounds for refusal to issue such license. The Borough Manager 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.
Every person to whom an identification card has been issued shall, in the conduct of his activity, comply with the standards of conduct as follows:
A. 
He or she 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 on whom he or she shall call or with whom he or she shall talk.
B. 
He or she shall not permit any person to have possession of his or her identification card and shall immediately report its loss to the Borough Police Department and to the Borough Manager. He shall not cause or permit his identification card to be altered or defaced in any way.
C. 
He or she shall not attempt to sell any merchandise outside the confines of the owner/tenant's property for which the permit is issued.
D. 
He or she shall engage in his or her selling between the hours of 9:00 a.m. to 8:00 p.m., Monday through Friday, and 9:00 a.m. to 6:00 p.m. on Saturdays, Sundays and legal holidays; such activity at any other time being hereby expressly declared unlawful.
E. 
He or she shall not be guilty of any false pretense or misrepresentation, and particularly he or she shall not represent his or her identification to be an endorsement of himself/herself, or his/her goods or services, or of the goods or services of their employer.
F. 
He or she shall immediately surrender his or her identification card to the Borough of Irwin Manager upon revocation thereof.
Any identification card may be revoked by the Borough Manager if the holder fails to comply with the standards of conduct contained in § 180-13 of this article or any of them, or ascertainment by the Borough Manager that the holder had made a false statement in his application.
[Amended 7-13-1987 by Ord. No. 746; 7-7-1993 by Ord. No. 791]
Every person engaged in vending within the Borough of Irwin as herein provided shall pay a fee in an amount as established, from time to time, by resolution of the Borough Council for the cost of the issuance of a permit, plus an additional amount as established, from time to time, by resolution of the Borough Council per day in advance for each and every day in which the said activity is continued.
Amended 7-7-1993 by Ord. No. 791
Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine not exceeding $600 and costs and, in default of payment thereof, shall be subject to imprisonment for a term not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate offense.