[HISTORY: Adopted by the Borough Council of the Borough of Burgettstown as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-20-1976 by Ord. No. 24 (Ch. XIII, Part 4, of the 1976 Code of Ordinances); amended in its entirety 11-2-2020 by Ord. No. 2020-003]
As used in this article, the following terms shall have the meanings indicated:
- The Borough of Burgettstown, County of Washington, Commonwealth of Pennsylvania.
- FOOD PRODUCTS
- Includes and shall be limited to such foods intended for immediate consumption following sale without threat or danger to public health.
- LEGAL HOLIDAY
- Means and includes New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas.
- MOBILE FOOD TRUCK
- A mobile food vehicle.
- MOBILE FOOD VEHICLE
- A food establishment that is located upon a minimum four-wheeled, self-contained motorized vehicle where food or beverage is cooked and/or prepared and served for individual portion service, such as a mobile food kitchen. Food establishments that are not self-contained and must be pulled by another vehicle are not considered a mobile food vehicle, but food carts are regulated under the peddling and vending portions of this article.
- PEDDLER AND TRANSIENT MERCHANT
- Includes any person, whether a resident of the Borough of Burgettstown or not, who goes from house to house, from place to place, or street to street, or who remains stationary within the Borough of Burgettstown, conveying, transporting and/or selling goods, wares, food products or merchandise, or offering or exposing the same for sale, or making sales and delivering parts to purchasers.
- Any natural person, partnership, association, firm or corporation.
- TRANSIENT RETAIL BUSINESS
- Means and includes the following:
- (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 Borough; and
- (2) Selling, soliciting or taking orders for any goods, wares or merchandise, from a fixed location within the Borough, on a temporary basis, which shall include, but shall 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.
In this article, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.
License required. No person shall engage in any transient retail business within the Borough without first having obtained from the Borough Secretary-Treasurer a license, for which a fee, which shall be for the use of the Borough, shall be charged. The fee shall be in an amount as set by resolution of the Borough Council. Exempt businesses shall be required to obtain a license even though no fee is assessed for the business.
License fees. License fees, established by resolution adopted by the Borough Council, shall be based upon the duration/frequency of business transactions within Borough limits. Transient businesses shall not operate within the Borough limits until an application has been filed with the Borough Secretary-Treasurer, appropriate fees have been paid, and a license has been issued.
No license fee shall be charged, although an application shall be required, for the following:
Farmers selling their own products.
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.
Any manufacturer or producer in the sale of bread and bakery products, meat and meat products, or milk and milk products.
Vendors that support a nonprofit that conducts an event where vendors pay a fee to the nonprofit to sell merchandise, goods, or wares only during the event sponsored by the nonprofit. The nonprofit must apply for a license which will cover the event, and which will encompass all of the vendors participating in the event.
Any event sponsored by the Borough of Burgettstown for the enjoyment and benefit of the residents of the Borough.
Upon being satisfied that the organization, association, corporation, or business qualifies for a fee exemption, the Borough Secretary-Treasurer shall issue a license without charge.
Every person desiring a license under this article shall first make application to the Borough Secretary-Treasurer for such license. If such person shall also be required to obtain a license from any state or county officer, he shall, when making such application, exhibit a valid license from such state or county officer. The applicant shall give his name and address; his criminal record, if any; the name and address of the person by whom he is employed; the type of goods, wares and merchandise he wishes to deal with in such transient retail business; the length of time for which such license is to be issued; and the type and license number of the vehicle to be used, if any.
Upon receipt of such application and the prescribed fee, the Borough Secretary-Treasurer, if he shall find such application in order, shall issue the license required under this article. 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 a 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, Borough officials, and citizens or residents of the Borough.
No person engaged in any transient retail business shall:
Sell any product or type of product not mentioned in his license;
Shout, cry out, blow a horn, ring a bell, or use any sound or amplifying device upon any of the streets, alleys, or other public places in the Borough of Burgettstown, or upon private premises where sound or sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks, or other public places, for the purpose of attracting attention to any goods, wares or merchandise which such licensee proposes to sell. This section shall not apply to vehicles such as ice cream trucks which are equipped with musical alerts as long as the volume does not violate the provisions of this section;
When operating from a vehicle, stop or park such vehicle upon any of the streets or alleys in the Borough for longer than necessary in order to sell therefrom to persons residing in the immediate vicinity;
Park any vehicle upon any of the streets or alleys in the Borough for the purpose 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;
Engage in any business activity prohibited in the Borough by general or special law applicable thereto;
Engage in any house-to-house activity, except by prior appointment, at any time on a Sunday or legal holiday or at any time other than between the hours of 10:00 a.m. and 6:00 p.m., prevailing time, on any day of the week other than a Sunday or legal holiday.
No licensee shall have any exclusive right to any location in the public streets, nor shall any be permitted a stationary location thereon, nor shall any be permitted to operate in a congested area where such operation might impede or inconvenience the public use of such streets or sidewalks.
Licensees/permit holders are required to prominently display their license/permit and a form of identification approved by the Borough on their person so that it is readily visible to any citizen or law enforcement officer. No license/permit shall be transferable.
It is declared to be the policy of this Borough that the occupants of residences within the Borough shall determine whether peddlers, canvassers, or transient merchants shall or shall not be invited to their respective residence. Notice of the determinations not to invite said solicitors may be given by specific notice posted on the premises. Such written notice shall constitute sufficient notice to any solicitor of the determination of the occupant.
Any solicitor who has gained entrance to any residence, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so.
It is hereby declared to be unlawful and shall constitute a nuisance for any person to go upon any premises and ring the doorbell upon or near any door, or create any sound in any other manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in soliciting in defiance of the notice exhibited at the residence in accordance with the provisions of Subsection B of this section.
The Borough Secretary-Treasurer shall supervise the activities of all persons holding licenses under this article. He shall keep a record of all licenses issued hereunder and shall make a report thereof each month to the Borough Council.
The Code Enforcement Officer is hereby authorized to suspend or revoke any license issued under this article when he deems such suspension or revocation to be beneficial to the public health, safety or morals, or 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 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.
The provisions of this article shall apply to mobile food operations engaged in the business of cooking, preparing, and distributing food or beverage with or without charge from mobile food trucks on or in public, private or restricted spaces.
This article shall not apply to canteen, coffee, or ice cream trucks that move from place to place and are stationary in the same location for no more than 30 minutes at a time or food vending push carts and stands which are governed by the peddling and vending portions of this article.
License and permit required.
No person or business entity, including a religious or charitable organization, shall operate a mobile food truck in any public, private, or restricted space without a permit issued by the Borough.
A separate mobile food truck permit is required for each and every mobile food truck operated within the Borough limits by an individual, partnership, or corporation.
In addition to the permit, all required inspections, licenses, and certifications of the state of Pennsylvania must be displayed prominently on the vehicle. Copies of said documentation must be provided along with the permit application.
A certificate of insurance providing general liability insurance of not less than $350,000 per occurrence and listing the Borough as an additional insured must be provided to the Borough at the time of application. A mobile food truck permit shall be issued only for the explicit time period covered by the effective dates of the general liability insurance policy.
Any person who violates or permits a violation of this article shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of Washington County.