[Ord. 18-1980, 81 § 1, passed 4-14-1980]
Except as hereinafter described, it shall be unlawful for any peddler as defined in Section 309.02 to engage in business within the corporate limits of the City without first having secured a license as herein provided. The word "peddling", however, shall not apply to:
(a)
Farmers selling their own produce;
(b)
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, provided evidence of proper authorization is received from
the Lebanon Valley Chamber of Commerce;
(c)
Persons who are agents of a business which has its bona fide permanent
office located within the boundaries of the County of Lebanon;
(d)
Sellers of milk and milk products or baked products, who are agents
of a business which has a bona fide permanent office located within
the boundaries of the County of Lebanon; or
(e)
Salesmen, manufacturers' representatives and agents, etc., selling
goods to retail, wholesale, professional or industrial establishments.
[Ord. 18-1980, 81 § 2, passed 4-14-1980]
As used in this article certain terms are defined as follows:
Any person who engages in peddling as hereinafter defined.
Travelling either by foot, wagon, automobile, truck or any
other type of conveyance, from place to place, from house to house
or from street to street, selling or taking or attempting to take
orders for the sale of goods, wares and merchandise, books, magazines
and periodicals, or personal property of any nature whatsoever for
immediate or future delivery, or for services to be furnished or performed
immediately or in the future, whether or not the peddler has, carries
or exposes for sale the subject of such sale, or a sample of the subject
of such sale, or whether he is collecting advance payments on such
sales or not, providing that such definition shall include any person
who for himself or for another person, firm or corporation, employs
the telephone followed by a personal visit for the sole purpose of
attaining a signed order or contract or to deliver goods.
Any individual, association, partnership, firm or corporation.
[Ord. 18-1980, 81 § 3, passed 4-14-1980]
(a)
At least 10 days prior to peddling within the City, application for
license under this article shall be filed with the City Clerk, in
writing and in duplicate on a form to be furnished by such official,
which shall require the following information:
(1)
Name and description of applicant;
(2)
Permanent home address and telephone number and full local address
and telephone number of the applicant;
(3)
Social security number and a photocopy of the applicant's
vehicle operator's license, if any;
(4)
A brief description of the nature of the business and the goods
or services to be sold or furnished;
(5)
Name, address and telephone number of employer, if employed;
(6)
The length of time for which the right to peddle is desired,
not to exceed 30 days as hereinafter provided;
(7)
The place where the goods or property proposed to be sold, or
orders taken for the sale thereof, are manufactured or produced, where
such goods or products are located at the time such application is
filed, and the proposed method of delivery;
(8)
A statement as to whether or not the applicant has been convicted
of any crime, misdemeanor or violation of any Municipal ordinance,
the nature of the offense and the punishment or penalty assessed therefor;
(9)
If working in a group or team, the number of associates peddling
within the City at the same time as the applicant;
(10)
The type of vehicle used for transportation, if any, and the
license plate number thereof; and
(11)
A statement that the customer is to receive a signed receipt
if down-payment is made.
(b)
Where a person makes application for himself and one or more associates,
all applicable personal information specified above shall be given
for each associate, and an individual license shall be issued for
each person. No license issued under this article shall be transferable
from one person to another.
[Ord. 18-1980, 81 § 4, passed 4-14-1980]
(a)
Upon receipt of application by the City Clerk and payment of the
required application fee, the original shall be referred to the Chief
of Police, who shall cause such investigation of the applicant's
business and moral character to be made as he deems necessary for
the protection of the public good, and public notice shall be given
by the City Clerk's Office in one local newspaper of general
circulation advising the name and address of the applicant or applicants,
the name and address of the employer, if employed, and the type of
goods or services to be sold or furnished, and comments from interested
persons shall be invited and directed to the Chief.
(b)
If as a result of such investigation and publication the applicant's
character or business responsibility is found to be unsatisfactory,
the Chief shall endorse on such application his disapproval and his
reasons for same, and return such application to the City Clerk, who
shall notify the applicant that his application is disapproved and
that no license shall be issued.
(c)
If as a result of such publication and investigation the character
and business responsibility of the applicant are found to be satisfactory,
the Chief shall endorse on the application his approval and return
such application to the City Clerk, who shall, after the expiration
of at least 10 days from the date of application and upon payment
of the prescribed license fee, issue a license. Such license shall
contain the signature and seal of the issuing officer and shall show
the name, address and employer of such licensee, the type of goods
or services to be sold thereunder, the amount of fee paid, the date
of issuance and length of time same shall be operative, and the license
plate number and description of any vehicle used in peddling. The
license shall also contain notice in writing of the penalties for
violation of this article; no warnings shall be given prior to citation
for violation.
[Ord. 18-1980, 81 § 5, passed 4-14-1980]
(a)
The application fee which shall be paid to the City Clerk at the
time the application is filed shall be $50 per individual if peddling
alone, or per team if peddling in a group.
(b)
The daily license fee per peddler shall be $5 for a period not to
exceed 30 calendar days, and such fee shall be paid to the City Clerk
prior to issuance of license.
[Amended by Ord. 41-1988, 89 § 1, passed 1-9-1989]
(c)
No refund of either application fee or license fee shall be made
for any reason.
[Ord. 18-1980, 81 § 6, passed 4-14-1980]
Every peddler shall, at all times when engaged in peddling within
the City, carry such license upon his person and shall exhibit such
license upon request to all police officers, City officials and residents.
No peddler shall engage in selling any product or service not mentioned
upon his license.
[Ord. 18-1980, 81 § 7, passed 4-14-1980]
No person licensed as a peddler under this article shall engage
in peddling at any time on Sunday or the following City holidays:
|
New Year's Day
|
Labor Day
|
|
Lincoln's Birthday
|
Columbus Day
|
|
Washington's Birthday
|
Election Day
|
|
Good Friday
|
Veterans' Day
|
|
Memorial Day
|
Thanksgiving Day
|
|
Flag Day
|
Christmas Day
|
|
Independence Day
|
|
On any other day, no person shall engage in peddling before
9:00 a.m. or after 5:00 p.m., unless otherwise approved and specified
in the permit for good cause shown.
|
[Ord. 18-1980, 81 § 8, passed 4-14-1980]
No person licensed as a peddler under this article shall shout
or cry his wares upon any of the streets or sidewalks of the City,
nor use any loudspeaker, horn or any other device by which the public
is annoyed for announcing his presence.
[Ord. 18-1980, 81 § 9, passed 4-14-1980]
No person licensed as a peddler under this article shall occupy
any fixed location upon any of the streets or sidewalks of the City
for the purpose of peddling, with or without any stand or counter.
[Ord. 18-1980, 81 § 10, passed 4-14-1980]
It shall be the duty of any police officer of the City to require
any person seen peddling and who is not known by such officer to be
duly licensed to produce his peddler's license, and to enforce
the provisions of this article against any person found to be violating
the same.
[Ord. 18-1980, 81 § 11, passed 4-14-1980]
The Chief of Police shall report to the City Clerk all convictions
for violation of this article, and the City Clerk shall maintain a
record for each license issued and record the convictions therein.
[Ord. 18-1980, 81 § 12, passed 4-14-1980]
The City Clerk and/or the Chief of Police are hereby authorized
to suspend any license issued under this article when he or she deems
such suspension to be beneficial to the public health, safety or morals,
or for any violation of any of the provisions of this article, or
for giving false information upon any application for a license hereunder.
[Ord. 18-1980, 81 § 13, passed 4-14-1980]
Whoever violates any of the provisions of this article shall
be fined $100 for the first offense, $300 for the second and subsequent
offenses, and/or be imprisoned for not more than 90 days. Each and
every day upon which any person continues to violate any provisions
of this article shall constitute a separate offense.
