City of Washington, PA Peddling and Soliciting

No person shall sell or offer for sale, order or exchange, or go from door to door soliciting the purchase of, or gift of, any products, wares, merchandise, retail food, or other articles of value or any money, or any services, in any place, in, upon, along or through the streets, alleys or other public places within the City, unless he is the holder of a license which is in full force and effect issued pursuant to provisions of this article. Such person shall at all times have the license with him while exercising such calling, and shall exhibit the license at all times and present it to any officer, official or City resident upon demand. A transient sales license must always be posted at the point of sales in plain view.

This section shall not apply to any person engaged in the sale or distribution of any item as a farmers market food vendor, children under the age of 18 years who take orders and deliver fund-raising items that directly support a charity, school, child-based club, or organization, political circulations or engagements, newspaper carriers along their regular delivery routes, or any City business that already engages in retail sales in the City and pays mercantile or business privilege taxes.

"Transient sales license" means a license issued to any person, firm or corporation, as principal or agent, or both, which engages in, does or transacts any temporary or transient business in this City, either in one locality or in traveling from place to place in this City, offering for sale or selling goods, wares, merchandise, food or beverages, and including those who, for the purpose of carrying on such business, hire, lease, use or occupy any permanent or mobile building, structure, motor vehicle, including trucks, or real estate for the exhibition by means of samples, catalogues, photographs and price lists or sale of such goods, wares or merchandise.

§ 246-2 License fee.

[Amended 10-19-1964 by Ord. No. 925; 5-14-1992 by Ord. No. 1444; 1-11-2007 by Ord. No. 1767; 5-2-2019 by Ord. No. 1925]

Any person who desires to engage in the business of a peddler, solicitor, or transient sales shall make application in person for a license at the City Clerk's office upon a form provided when presenting proper ID.

For a peddlers or soliciting license: Upon application to the City Clerk's office, the applicant shall pay a license fee of $50 per day, $250 per month, or $500 per year or any part thereof, for each peddler/solicitor, depending upon the term of the license applied for.

For a transient sales license: Upon approval by application to the City Clerk's office, the applicant shall pay a license fee of $75 per month, or $400 per year.

Fifty dollars of the application fee is nonrefundable for any reason to cover administrative costs. If the license is not approved, the amount paid less the $50 nonrefundable fee will be sent to the applicant within 45 days.

Applicants shall allow up to three business days to process all applications. Once a decision is rendered, the applicant will be contacted and, if approved, the applicant can pick up the license at the City Hall. No applicant may engage in any soliciting until the license is in hand.

The peddlers, soliciting or transient sales license does not replace or supersede any other license required by the state, City or federal authorities.

§ 246-3 Definition.

[Added 10-19-1964 by Ord. No. 925; amended 5-14-1992 by Ord. No. 1444]

As used in this article, the following terms shall have the meanings indicated:

PERSON

Includes the conduct of business by an individual alone, as a partnership, corporation, or any other form of business association or organization, whether by a principal, agent or other representative.

§ 246-4 Exceptions.

[Amended 11-17-1958 by Ord. No. 747; 4-24-1986 by Ord. No. 1356]

No license fee shall be charged:

(1)

To farmers selling their own produce;

(2)

For 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;

(3)

To any manufacturer or producer in the sale of bread and bakery products, meat and meat products, or milk and milk products;

(4)

To children under the age of 18 years who take orders for and deliver newspapers, greeting cards, candy, bakery products, and the like, or who represent the Boy Scouts or Girl Scouts or similar organizations;[1]

[1]

Editor's Note: An entry providing for a license exemption for veterans that was authorized by a statute that has been repealed, and which originally followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(5)

To the seeking or taking of orders by insurance agents or brokers licensed under the insurance laws of the Commonwealth of Pennsylvania;

(6)

To any person who has complied with the provisions of the Solicitation of Funds for Charitable Purposes Act, 10 P.S. § 162.1 et seq., as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania; or[2]

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(7)

For taking orders for merchandise, by sample, from dealers or merchants for individuals or companies who pay a license or business privilege tax at their chief place of business.

But all persons exempted hereby from the payment of the license fee shall be required to register with the City Clerk and obtain a license without fee, provided 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; provided, further, the City Clerk may similarly exempt from payment of the license fee, but not from registering with him, persons working without compensation and selling goods, wares, or merchandise for the sole benefit of any nonprofit corporation. Provided, further, that every license issued under the provisions of this article shall be issued on an individual basis to any person or person 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, except that a representative of a charitable organization may obtain licenses for the applicants therein.

§ 246-5 Misrepresentation.

[Added 5-24-1971 by Ord. No. 1094]

If any person obtains a license under the within article on the basis of any false misrepresentation and uses said license under false misrepresentation, he shall be guilty of a violation of this article and shall be subject to the within penalties for said violation or violations.

§ 246-6 License suspension or revocation.

[Added 5-24-1971 by Ord. No. 1094; amended 5-2-2019 by Ord. No. 1925]

Any officer of the City may suspend or revoke any peddlers, solicitors, or transient sales license for violation of any City ordinance, false or incorrect information submitted on the license application or for any fraud, or if the sales create any danger or nuisance to any City resident or visitor of the City, or if the sales create any traffic congestion, or misrepresentation made in the solicitation or sale. Such person whose license is suspended above may not apply for a new license thereafter until one complete calendar year after such revocation or license suspension.

Any business, person, or entity that is required to obtain a license and fails to do so shall cease all sales immediately and is in violation of this article.

If any person, business, or entity fails to stop selling or soliciting after instructed to do so by an officer of the City, such person, business or entity may be cited for each additional item sold or solicitation made.

§ 246-7 Violations and penalties.

[Amended 11-17-1958 by Ord. No. 747; 10-19-1964 by Ord. No. 925; 4-24-1986 by Ord. No. 1356; 5-12-2005 by Ord. No. 1741; 12-7-2006 by Ord. No. 1766]

Any individual, person, firm, corporation or other entity who shall violate any provision of this article shall, upon being held liable in any civil proceeding or upon conviction thereof, be sentenced to pay a penalty, fine or charge of no less than $100 nor more than the maximum amount permitted by law, but not to exceed $1,000, and in default of payment or any failure to pay any fine or penalty, upon a summary or other criminal conviction, shall be sentenced to imprisonment for a period not to exceed 30 days, or both.

Each day that a violation of this article shall continue shall constitute a separate offense, subject to the fines, costs, penalties and charges set forth above for each offense.

Nothing herein shall limit, prevent or preclude the City of Washington from taking any and all legal action or exercising any other remedy available to the City by law, including but not limited to the initiation of civil or criminal proceedings or injunctive relief, in order to enforce or ensure compliance with this article. As an additional remedy, the City of Washington may abate any nuisance, dangerous or hazardous condition by any means permitted by law, which shall include but not be limited to an action in the Court of Common Pleas of Washington County, Pennsylvania, for injunctive relief; the use of any City of Washington personnel, equipment and materials or that of an authorized agent or contractor hired by the City to remove or abate any nuisance, dangerous or hazardous condition, and with all costs thereof or related thereto to be charged against the property owner(s) and/or person or entity who has violated the article or portion thereof; said costs shall include all actual costs and expenses, including all costs of collection and reasonable administrative costs of the City, incurred in enforcing the provisions of the article.

§ 246-8 Restrictions during special occasions and festivals.

[Added 5-12-2005 by Ord. No. 1741]

Notwithstanding any other provisions set forth herein, no person, business or entity of any type or kind whatsoever shall be permitted to engage in the business of being a transient wholesale or retail merchant, vendor or peddler, shall sell or display any goods or services outside of an established place of business registered with the City of Washington nor permit outside the display, sale, seating of customers, or otherwise conduct any business activity on the sidewalks or streets of the City of Washington during the days and hours of operation of any special occasion, festival or other such event registered with the City Clerk and approved by the City of Washington. The City Clerk shall maintain a list of all such special occasions and festivals, which shall be available for inspection by the public during regular business hours. Businesses may only display, sell, seat or otherwise conduct any business activity on the sidewalks of streets during such periods in which the City has approved a festival or other similar event, upon complying with all regulations approved by the City with regard to such events, completing any and all applications, and paying any and all fees associated with such events.

§ 246-9 Hours and business restrictions.

[Added 5-2-2019 by Ord. No. 1925]

No person, whether licensed or not, with the exception of those defined in § 246-1B, shall engage in any door-to-door, for-profit solicitation before the hour of 9:00 a.m. or after the hour of 5:00 p.m., nor on Sundays or on any legal holiday. All other types of sales will restrict the hours of operations from 9:00 a.m. to dusk on any day.

No licensed peddler or solicitor shall engage in or transact any type of business or solicitation other than that specified on the license application.