[HISTORY: Adopted by the City Council of the City of Oil
City 6-11-1990 by Ord. No. 2511 (Ch. 129 of the 1986 Code). Amendments
noted where applicable.]
It shall be unlawful for any peddler, solicitor (canvasser), transient merchant (vendor) or temporary merchant (vendor), as defined in § 225-2 of this chapter, to engage in such business within the City of Oil City without first obtaining a license therefor in compliance with the provisions of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
One who sells tangible commodities from house to house, store
to store or on the streets or in any public place. Sales are not made
from one established location, and delivery of the commodity is at
the time of the sale.
One who takes orders for future deliveries or who sells intangible
services or solicits subscriptions in public places or from house
to house or store to store.
A nonprofit organization that sponsors a community-oriented
special event which shall last no longer than a two-week period and
which allows vendors to sell commodities under its auspices during
said special event.
One who sells commodities from a private premises but remains
at one place for a temporary period of not more than four weeks but
less than six total months in any calendar year.
One who sells commodities from a private premises but remains
at one place for temporary periods of less than four weeks.
The provisions of this chapter shall not apply:
A.
To farmers selling their own produce.
B.
To the sale of goods, wares and merchandise, donated by the owners
thereof, when the proceeds thereof are to be applied to any charitable
or philanthropic purpose.
C.
To any manufacturer or producer in the sale of bread and bakery products,
meat and meat products or milk and milk products.
D.
To sales by commercial sales agents to dealers in the usual course
of business.
E.
To bona fide branch stores or locations lawfully operated by retail
merchants already having a permanent place of business in the City
of Oil City or at temporary locations by such merchants whose permanent
places of business have been destroyed or rendered untenable.
F.
To sale by the owners of household goods, on their premises, commonly
known as "garage sales" or "yard sales," so long as such sales are
not held for more than eight days in any one calendar year.
An application for a license as required by § 225-1 shall be made to the City Manager upon forms provided by the City of Oil City. Such application shall be sworn to and filed with the City Manager at least 10 days prior to the time at which the license applied for shall become effective; provided, however, that the City Manager may for good cause shown allow the filing of an application less than 10 days prior to the effective date of the permit applied for.
A.
Peddlers, solicitors, transient merchants and temporary merchants.
(1)
The application for the above groups shall contain the following
information:
(a)
The name, address or headquarters of the entity or person applying
for the permit.
(b)
If the applicant is not an individual, the names and addresses
of the applicant's principal officers and managers.
(c)
The nature and character of the proposed business of the applicant.
(d)
The representations which are to be made and advertised concerning
the applicant's business.
(e)
An outline of the method or methods to be used in conducting
the business.
(f)
The name and address of the person or persons who will be in
direct charge of conducting the business, and the names and addresses
of all persons connected or to be connected with the proposed business.
(g)
The time when such business will be conducted, giving the dates
for the beginning and ending of such conduct of business.
(h)
Such other information as may be reasonably required by the
City Manager in order for him to determine the kind and character
of the business to be conducted.
(2)
If while any application is pending or during the term of any permit
granted there is any change in fact, policy or method that would alter
the information given in the application, the applicant shall notify
the City Manager, in writing, thereof within 24 hours after such change.
B.
Special events sponsors.
(1)
The application for the special events sponsors shall contain the
following information:
(a)
The name, address or headquarters of the sponsor applying for
the permit.
(b)
The names of the officers or managers of such sponsor.
(c)
The name of the special event, the dates of the event and a
calendar of the schedule of the activities that will be held.
(d)
A brief history of the event (if not in its initial year) as
well as an explanation of the community nature of the event.
(e)
A list of all activities during the course of the event which
will potentially involve the use of vendors selling any commodities.
(f)
A list of the vendors under the sponsorship of the applicant
that have or will be given permission to sell commodities during one
or more activities to be held during the event, including the address
of the vendors and a contact person with a telephone number and the
types of commodity to be sold (i.e., food, beverage, clothing, novelties,
etc.).
(2)
All such vendors listed in such a special events sponsor application
(if approved) shall be allowed lawfully to operate under the auspices
of a license granted thereto without having to secure a separate and
individual license hereunder. The maximum period for a special events
sponsor license shall be two weeks.
The City Manager shall examine or cause to be examined by City
personnel all applications filed hereunder and shall make, or cause
to be made, such further investigation of the application and applicant
as the City Manager shall deem necessary.
A.
The City Manager shall issue the license provided for in § 225-1 hereof whenever he shall find the following facts to exist:
(1)
That all of the statements made in the application are true.
(2)
That the control and supervision of the conduct of the business will
be under responsible and reliable persons.
(3)
That the applicant has not engaged in any previous fraudulent transactions
or enterprises.
(4)
That neither the business nor the conduct of the business will be
a fraud on the public.
B.
The City Manager shall notify the applicant by mail or personal delivery
of his decision, and if the application is denied, the City Manager
shall prepare a written statement of his findings of fact.
Whenever it shall be shown or whenever the City Manager has
knowledge that any person to whom a license has been issued under
this chapter has violated any of the provisions of this chapter, the
City Manager shall immediately revoke the license by giving the license
holder immediate written notice thereof.
The following nonrefundable license fees shall be payable in
advance of conducting any business within the City of Oil City, and
each license issued shall be exclusive of the other licenses herein.
Each peddler, solicitor, transient merchant and temporary merchant
shall display proof of licensing under this chapter at all times.
Any license issued under this chapter shall be nontransferable
and shall be returned to the City Manager within two days of its date
of expiration, together with all facsimile copies thereof.
No person licensed under this chapter shall engage or conduct
his business at any time on Sunday or upon any other day of the week
before 9:00 a.m. or after 8:00 p.m., unless prior written approval
is granted by the City of Oil City.
No person licensed hereunder shall utilize any loudspeaker,
horn or any other device for announcing his presence by which the
public is annoyed.
No person licensed under this chapter shall occupy any fixed
location upon any of the streets, alleys or sidewalks of the City
of Oil City for the purpose of conducting his business, with or without
any stand or counter, unless a special events sponsor shall be granted
prior written approval by the City of Oil City.
All peddlers, solicitors, transient merchants and temporary
merchants remain subject to the requirements of the City of Oil City
Mercantile Tax and Business Privilege Tax Ordinances[1] and to pay the tax or taxes required thereunder.
Any person who violates the provisions of this chapter shall,
upon conviction thereof in a summary proceeding, be sentenced to pay
a fine of not more than $1,000 for each and every offense and, in
default of the payment of such costs and fine, be committed to the
jail for a period not exceeding 30 days for each and every offense.
Each day during which a violation of this chapter occurs or continues
shall constitute a separate offense.
