[Adopted 3-6-1929 by Ord. No. 214 (Ch. 13, Part 6, of the
1986 Code of Ordinances)]
[Amended 10-19-1964 by Ord. No. 925; 5-14-1992 by Ord. No. 1444; 5-2-2019 by Ord. No. 1925]
A. 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.
B. 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.
C. "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.
[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]
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
F. The peddlers, soliciting or transient sales license does not replace
or supersede any other license required by the state, City or federal
authorities.
[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.
[Amended 11-17-1958 by Ord. No. 747; 4-24-1986 by Ord. No. 1356]
A. 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;
(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
(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.
B. 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.
[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.
[Added 5-24-1971 by Ord. No. 1094; amended 5-2-2019 by Ord. No. 1925]
A. 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.
B. 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.
C. 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.
[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]
A. 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.
B. 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.
C. 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.
[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.
[Added 5-2-2019 by Ord. No. 1925]
A. 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.
B. No licensed peddler or solicitor shall engage in or transact any
type of business or solicitation other than that specified on the
license application.