City of Pittston, PA
Luzerne County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Pittston 2-20-2013 by Ord. No. 2013-4. Amendments noted where applicable.]
A. 
The following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
LEGAL HOLIDAY
New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas.
PERSON
Any natural person, partnership, association, corporation or other legal entity.
SOLICITOR
A person who goes from house to house, door to door, business to business, street to street, or any other type of place-to-place movement, for the purpose of obtaining or attempting to obtain orders for goods, wares, products, merchandise, other personal property, or services of which he or she may be carrying or transporting samples, or that may be described in a catalog or by other means, and for which delivery or performance shall occur at a later time. The absence of samples or catalogs shall not remove a person from the scope of this provision if the actual purpose of the person's activity is to obtain or attempt to obtain orders as discussed above. For purposes of this chapter, the term "solicitor" shall have the same meaning as the term "canvasser."
(1) 
Engaging in peddling, soliciting or taking orders, either by sample or otherwise, for any goods, wares or merchandise upon any street, alley, sidewalk or public ground or from house to house within the City of Pittston; or
(2) 
Selling, soliciting or taking orders for any goods, wares or merchandise from a fixed location within the City of Pittston, for a period of time not in excess of three months, which shall include but not be limited to such activities conducted at the time of special occasions or celebrations, for seasonal purposes or for or in advance of specific yearly holidays.
TRANSIENT RETAIL BUSINESS
Any person engaging in the activities commonly referred to as "transient merchant" or "itinerant vendor," who merchandises or sells with the intent to close out or discontinue such business within a period of three months from the date of commencement and who occupies a room, building, tent, lot or other premises for the purpose of selling merchandise.
B. 
The singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and the neuter.
A. 
No person shall engage in any transient retail business or transient merchant business within the City of Pittston without first having obtained from the Code Enforcement Officer a license for which a fee shall be charged for the use of the City.
B. 
No person who is employed by, working for, soliciting for or on behalf of, or who is an independent contractor for or on behalf of any transient retail business or transient merchant business shall solicit within the City of Pittston without first having obtained from the Code Enforcement Officer a license for which a fee shall be charged for the use of the City.
[Amended 4-25-2014 by Ord. No. 2014-7; 1-16-2019 by Ord. No. 1-2019]
A. 
No license required nor fee shall be charged for the following:
(1) 
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.
(2) 
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 Scouts or similar organizations.
(3) 
Any honorably discharged member of any armed services who complies with the Act of 1867, April 8, P.L. 50, 60 P.S. § 61 (1982),[1] hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania, and who procures from the prothonotary a certificate in pursuance of the Act of 1867.
[1]
Editor's Note: 60 P.S. § 61 was repealed 11-24-1992 by P.L. 717, No. 108.
(4) 
The seeking or taking of orders by insurance agents or brokers licensed under the insurance laws of the Commonwealth of Pennsylvania.
(5) 
Any person who has complied with the provisions of the Solicitation of Charitable Funds Act, August 9, 1963, P.L. 628, 10 P.S. § 160-1 et seq. (1982),[2] as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania.
[2]
Editor's Note: See now the Solicitation of Funds for Charitable Purposes Act, 10 P.S. § 162.1 et seq.
(6) 
Taking orders for merchandise, by sample, from dealers or merchants for individuals or companies who pay a license or business.
(7) 
Any person conducting the type of sale commonly known as a "garage sale," "rummage sale," or "estate sale"; provided, however, that the duration of said sale is limited to less than 24 hours.
(8) 
Any person or group approved by the City to hold an event as permitted by the special events policy as adopted by ordinance.
(9) 
Any officer of the court conducting a court-ordered sale.
(10) 
Artists and/or individuals engaged in one or more of any broad spectrum of activities related to creating art, practicing art or demonstrating art that participate in a City-sponsored juried art walk whose work has been judged by a person or persons convened to decide if participation is warranted based on a stated rubric or a subjective set of criteria.
[Added 4-25-2014 by Ord. No. 2014-7]
B. 
The Mayor may consider requests to reduce or waive any and all fees. The Mayor shall have sole discretion to reduce or waive any and all fees and shall provide direction to Code Enforcement as warranted.
A. 
Every person desiring a license under this chapter shall first make application to the Code Enforcement Officer for such license. He shall, when making such application, exhibit a valid license from any state or county officer, if such license is also required.
B. 
The applicant shall state:
(1) 
Their criminal record and those of their employ.
[Amended 1-16-2019 by Ord. No. 1-2019]
(2) 
Name and address of the person by whom he is employed.
(3) 
Type of goods, wares and merchandise he wishes to deal with in such transient retail business.
(4) 
Length of time for which the license is to be issued.
(5) 
Type and license number of the vehicle to be used, if any.
(6) 
Those selling food or food items shall provide proper certifications, inspections and licenses associated with the sale of food.
[Added 1-16-2019 by Ord. No. 1-2019]
C. 
The applicant shall present a valid, government issued photo identification and the City shall retain a copy.
[Amended 1-16-2019 by Ord. No. 1-2019]
D. 
The applicant shall be required to submit to taking of a photograph by an employee or an agent of the City prior to the issuance of any license.
Upon receipt of such application and the prescribed fee, the Code Enforcement Officer, if he shall find such application in order, after consultation with the Chief of Police, shall issue the license required under this chapter. Such license shall contain the information required to be given on the application therefor. Every license holder shall carry such license upon his person, if engaged in transient retail business from house to house or upon any of the streets, alleys, sidewalks or public grounds, or shall display such license at the location where he shall engage in such business if doing so at a fixed location. He shall exhibit such license upon request to all police officers, municipal officials and citizens or residents of the City of Pittston.
No person in any transient retail business shall:
A. 
Sell any product or type of product not mentioned in his license.
B. 
Hawk or cry his wares upon any of the streets, alleys, sidewalks or public grounds in the City.
C. 
When operating from a vehicle, stop or park such vehicle upon any of the streets or alleys in the City for longer than necessary in order to sell therefrom to persons residing or working in the immediate vicinity.
D. 
Park any vehicle upon any of the streets or alleys in the City for the purpose of sorting, rearranging or cleaning any of his goods, wares or merchandise or of disposing of any carton, wrapping material or stock, wares or foodstuffs which have become unsalable through handling, age or otherwise.
E. 
Engage in any business activity, except by prior appointment, at any time on a Sunday or legal holiday or at any time before 9:00 a.m. or after 6:00 p.m. on any day of the week other than a Sunday or legal holiday.
F. 
Engage in any business activity along municipal streets without first contacting the Code Enforcement Officer and the Chief of Police in order to determine if adequate and safe off-street parking with proper sight distance at the point of ingress and egress is available and without first obtaining all necessary permits from Pennsylvania Department of Transportation for state thoroughfares.
G. 
Engage in any other activity which violates the laws of the Commonwealth of Pennsylvania or duly enacted ordinances of the City of Pittston.
The Code Enforcement Officer shall supervise the activities of all persons holding licenses under this chapter. He shall keep a record of all licenses issued hereunder and shall make a report thereof each month to the Mayor and Council.
The Code Enforcement Officer is hereby authorized to suspend or revoke any license issued under this chapter when he deems such suspension or revocation to be beneficial to the public health, safety or morals, for violation of any provision of this chapter or for giving false information upon any application for a license hereunder. Appeals from any suspension or revocation may be made to the City 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 shall have been suspended or revoked.
[Amended 4-25-2014 by Ord. No. 2014-7; 1-21-2015 by Ord. No. 2014-15]
A. 
The fee to be paid for a transient merchant license shall be in an amount as set by resolution of the City Council for each month or fractional part thereof and shall be collected before the City of Pittston shall issue any license under the provisions of this chapter. Such license shall be renewed monthly upon payment of the license fee as herein provided.
B. 
The fee to be paid for a transient retail business license shall be in an amount as set by resolution of the City Council for each month or fractional part thereof and shall be collected before the City of Pittston shall issue any license under the provisions of this chapter. Such license shall be renewed monthly upon payment of the license fee as herein provided.
C. 
The fee to be paid for a solicitor's license shall be in an amount as set by resolution of the City Council for each month or fractional part thereof and shall be collected before the City of Pittston shall issue any license under the provisions of this chapter. Such license shall be renewed monthly upon payment of the license fee as herein provided.
D. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection D, regarding City-approved organized multiperson event fees, was repealed 1-16-2019 by Ord. No. 1-2019.
E. 
All fees can be modified by resolution of the City Council of the City of Pittston.
[Amended 4-25-2014 by Ord. No. 2014-7]
Any person, firm or corporation who shall violate any provision of this chapter, upon conviction thereof, shall pay a fine of $1,000 and, in default thereof, be sentenced to a term of imprisonment of not more than 30 days. Each day that a violation occurs or continues shall constitute a separate offense.