[Adopted 11-17-1987 by Ord. No. 465]
It shall be the purpose of this part to regulate and license
solicitors, canvassers, peddlers, transient merchants, itinerant merchants
and itinerant vendors doing business within the Borough of Sharpsburg
for the public health, safety and welfare of the community. In order
to regulate and license said businesses, it shall be necessary for
the following sections to be applicable.
It shall be unlawful for any solicitor, canvasser, peddler, transient merchant, itinerant merchant or itinerant vendor, as defined in § 13-103 of this part, to engage in such business within the corporate limits of the Borough of Sharpsburg without first obtaining a permit and license therefor in compliance with the provisions of this part.
As used in this chapter:
Any individual, whether resident of the Borough of Sharpsburg
or not, traveling either by foot, wagon, automobile, motor truck or
any other type of conveyance from place to place, from house to house,
or from street to street, within the Borough limits, taking or attempting
to take orders for sale of goods, wares and merchandise, personal
property of any nature whatsoever for future delivery, or for services
to be furnished or performed in the future, whether or not such individual
has, carries or exposes for sale a sample of the subject of such sale
or whether he is collecting advance payments on such sales or not,
provided that such definition shall not include any person who, for
himself or others, has or maintains a place of business within the
Borough of Sharpsburg for the sole purpose of exhibiting samples and
taking orders for future delivery.
Any person, whether as owner, agent, consignee or employee,
whether a resident of the Borough of Sharpsburg or not, who directly
or indirectly engages in the request for money, credit, property,
financial assistance, or other thing of value on the plea or representation
that such money, credit, property, financial assistance or other thing
of value will be used for a charitable, religious, political or consumer
advocacy purpose, as those purposes are defined herein, or selling
or attempting to sell any item of literature, tokens or merchandise,
or disseminating any type or form of information without a fee or
donation from persons, firms or corporations, other than members of
such organizations for a charitable, religious, political or consumer
advocacy purpose as herein defined. These words shall also mean and
include the following methods of securing money, credit, property,
financial assistance or other thing of value on the plea or representation
that it will be used for a charitable, religious, political or consumer
advocacy purpose, as herein defined:
Any oral or written request.
The distribution, circulation, mailing, posting or publishing
of any handbill, written advertisement, or publication.
The making of any announcement to the press over the radio,
by telephone or telegraph concerning an appeal, assemblage, athletic
or sports event, bazaar benefit, campaign, contest, dance, drive,
entertainment, exhibition, exposition, party, performance, picnic,
sale or social gathering, which the public is requested to patronize
or to which the public is requested to make a contribution for any
charitable, religious, political or consumer advocacy purpose connected
therewith.
The sale of, offer or attempt to sell any advertisement, advertising
space, book, card, chance coupon, device, magazine, membership, merchandise,
subscription, ticket or other thing in connection with which any appeal
is made for any charitable, religious, political or consumer advocacy
purpose, or where the name of any charitable, religious, political
or consumer advocacy person is used or referred to in any such appeal
as an inducement or reason for making any such sale, or when or where
in connection with any such sale any statement is made that the whole
or any part of the proceeds from any such sale will go or be donated
to any charitable, religious, political or consumer advocacy purposes.
Any person, whether a resident of the Borough of Sharpsburg
or not, traveling by foot, wagon, automotive vehicle or any other
type of conveyance from place to place, from house to house, or from
street to street, or in or along the public street, highways or alleys
within the Borough limits, carrying, conveying or transporting goods,
wares, merchandise, meats, fish, vegetables, fruits, garden truck,
farm products or provisions, offering and exposing the same for sale
or making sales and delivering articles to purchasers, or who, without
traveling from place to place, shall sell or offer the same for sale
from a wagon, automotive vehicle, railroad car, or other vehicle or
conveyance; and further provided that one who solicits orders and,
as a separate transaction, makes deliveries to purchaser as a part
of a scheme or design to evade the provisions of this part shall be
deemed to be a "peddler" subject to the provisions herein.
The word "peddler" shall include the words "hawker" and "huckster."
Such definition shall not include any person who, for himself or others,
maintains a place of business within the Borough of Sharpsburg for
the sole purpose of exhibiting samples and taking orders for future
delivery.
Shall be deemed completed when made, whether or not the person
making the same receives any contribution or makes any sale referred
to in this section.
CHARITABLEIncludes the words, patriotic, philanthropic, social service, welfare, benevolent, educational, civic or fraternal, either actual or purported.
RELIGIOUS and RELIGIONAs used herein shall not mean and include the word "charitable" as herein defined, but shall be given their commonly accepted definitions.
CONTRIBUTIONSIncludes the words alms, food, clothing, money, subscription, property or donations under the guise of a loan of money or property.
PERSONAny individual, firm, copartnership, corporation, company, association or joint-stock association, church, religious sect, religious denomination, society, organization or league, and includes any trustee, receiver, assignee, agent or other similar representative thereof.
PROMOTERAny person who promotes, manages, supervises, organizes or attempts to promote, manage, supervise or organize a campaign of solicitation.
POLITICALAny person whose purpose is to seek contributions or donations on behalf of a political candidate or a person engaged in or concerned with government.
CONSUMER ADVOCACYAny person, as defined herein, who consists of consumers, consumer groups or organizations, citizens, citizen groups or organizations or a coalition of the above, whose purpose is to effectively represent the best interest of consumers and citizens in a number of different causes.
Any person, firm or corporation, whether as owner, agent, consignee or employee, whether a resident of the Borough or not, who engages in a temporary business of selling and delivering goods, wares and merchandise within the Borough, and who in furtherance of such purpose hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad boxcar, boat, public room in hotels, lodging houses, apartments, shops or any street, alley or other place within the Borough for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction, provided that such definitions shall not be construed to include any person, firm or corporation who, while occupying such temporary location or maintaining a place of business within the Borough, does not sell from stock, but exhibits samples only for the purpose of securing orders for future delivery only. The person, firm or corporation so engaged shall not be relieved from complying with the provisions of Part 1 of this chapter merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant or auctioneer.
1.
No license fee shall be charged under this part to persons selling
personal property at wholesale to dealers in such articles; or to
newsboys; or to the acts of merchants or their employees in delivering
goods in the regular course of business; or to any farmer who vends,
sells or disposes of, or offers to sell, vend or dispose of, the products
of the farm or garden occupied and cultivated by him; or to any manufacturer
or producer in the sale of bread and bakery products, meat and meat
products, or milk and in milk products; or to the activities of any
franchisee of the Borough; provided, however, any person, partnership,
firm or corporation in any or all of the above-exempted categories
must register with the Borough and is subject to all of the other
provisions of this part except those pertaining to the payment of
license fees.
2.
Nothing contained in this chapter shall be held to prohibit any sale
required by statute or by order of any court or to prevent any person
from conducting a bona fide auction sale pursuant to law.
3.
Provided that the term "milk or milk products" shall not include or apply to ice cream or other frozen desserts; and provided, further, that any canvasser, solicitor, peddler, transient or itinerant merchant or itinerant vendor dealing in one or more of the excepted categories and selling other goods, wares and merchandise not excepted shall be subject to the license fee fixed by Part 1 of this chapter for its activities in connection with the sale of goods, wares and merchandise not in any of the excepted categories.
[Amended 2-21-2013 by Ord. No. 13-05]
1.
Applicants for a permit and license under this part must file with
the Borough Secretary a sworn application in writing on a form to
be furnished by the Borough Secretary, which shall give the following
information:
A.
Name and description of the applicant.
B.
Permanent home address and full local address of the applicant.
C.
A brief description of the nature of the business and the goods to
be sold.
D.
Name and address of the employer, if employed, together with credentials
establishing the exact relationship.
E.
The length of time for which the right to do business is desired.
F.
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 application is filed; and
the proposed method of delivery.
G.
A photograph of the applicant taken within 60 days immediately prior
to the date of filing of the application, which picture shall be two
inches by two inches showing the head and shoulders of the applicant
in a clear and distinguishing manner.
H.
The fingerprints of the applicant and the names of at least two reliable
property owners of the County of Allegheny (Pennsylvania), who will
certify as to the applicant's good character and the business
responsibility of the applicant as will enable an investigator to
properly evaluate such character and business responsibility.
I.
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.
2.
At the time of filing the application, a fee in an amount to be determined
from time to time by resolution of Borough Council shall be paid to
the Borough Secretary to cover the cost of investigation of the facts
stated herein.
1.
The Chief of Police within 10 days of receiving a completed application
form for a permit and license shall cause an investigation of the
applicant to be made as he deems necessary and shall consider and
apply the general standards herein set out relative to the qualifications
of every applicant for a Borough permit and license. The applicant
shall:
A.
Be of good moral character. In making such determination the Chief
of Police shall consider:
(1)
Penal history. All convictions, the reasons therefor, and the
demeanor of the applicant subsequent to his release.
(2)
License history. The license history of the applicant; whether
such person, in previously operating in this or another state, under
a license revoked or suspended, the reasons therefor, and the demeanor
of the applicant subsequent to such action.
(3)
General personal history. Such other facts relevant to the general
personal history of the applicant as he shall find necessary to a
fair determination of the eligibility of the applicant.
B.
No obligations to Borough. Not be in default under the provisions of Part 1 of this chapter or indebted or obligated in any manner to the Borough except for current taxes.
C.
Compliance with zoning regulations. Present a certificate of occupancy
furnished by the Borough Inspector to the effect that the proposed
use of any premises is not a violation of Borough zoning regulations.
2.
If as a result of such investigation the applicant's character
or business responsibility is found to be unsatisfactory after applying
the above qualifications, the Chief of Police shall so state on such
application his disapproval and his reasons for the same and return
the said application to the Borough Secretary, who shall notify the
applicant that his application is disapproved and that no permit and
license will be issued.
3.
If as a result of such investigation the character and business responsibility
of the applicant are found to be satisfactory after applying the above
qualifications, the Chief of Police shall so state on the application
his approval, execute a permit addressed to the applicant and return
said permit along with the application to the Borough Secretary, who
shall, upon payment of the prescribed license fee, deliver to the
applicant his permit and issue a license. Such license shall contain
the signature and seal of the issuing officer and shall show the name,
address and photograph of said licensee; the class of license issued
and the kind of goods to be sold thereunder; the amount of fee paid;
the date of issuance and the length of time the same shall be operative,
as well as the license number and other identifying description of
any vehicle used in conducting or transacting business under this
part. The Borough Secretary shall keep a permanent record of all licenses
issued.
[Amended 2-21-2013 by Ord. No. 13-05]
1.
The license fee which shall be charged by the Borough Secretary for
such license shall be in an amount to be determined from time to time
by resolution of Borough Council.
2.
The annual fees herein provided shall be assessed on a calendar-year
basis, and on or after July 1 the amount of such fee for an annual
license shall be 1/2 the amount stipulated above for the remainder
of the year.
Before any license or permit as provided by § 13-102 shall be issued for engaging in solicitation, canvassing, peddling, transient or itinerant business as defined in § 13-103, within the Borough of Sharpsburg, such applicant shall file with the Borough Secretary a bond running to the Borough of Sharpsburg in the sum of $1,000 executed by the applicant, as principal, and two sureties upon which service of process may be made in the State of Pennsylvania; said bond to be approved by the Borough Solicitor, conditioned that the said applicant shall comply fully with all of the provisions of the ordinances of the Borough of Sharpsburg and the statutes of the State of Pennsylvania regulating and concerning solicitation, canvassing, peddling, transient or itinerant business, as defined in § 13-103; and will pay all judgments and costs that may be recovered against him by any person or persons for damage growing out of any misrepresentation or deception practiced on any person transacting such business with applicant, whether said misrepresentations or deceptions were made or protected by the owners or by their servants, agents or employees, either at the time of transacting business with any person or through any advertisement of any character whatsoever printed or circulated with reference to the solicitation, canvassing, peddling, transient or itinerant business as defined in § 13-103. Action on the bond may be brought in the name of the Borough of Sharpsburg to the use of the aggrieved person.
1.
Before a license and permit will be issued, a solicitor, canvasser, peddler, transient merchant, itinerant merchant or itinerant vendor pursuant to § 13-102 shall furnish to the Borough of Sharpsburg evidence showing that the following insurance is in force and will cover all of their operations and conducting of business with respect to soliciting, canvassing, peddling, transient and itinerant business:
A.
A workers' compensation policy, if applicable, in accordance with
the state workers' compensation laws; and
B.
General liability, automobile liability with bodily and property
damage limits of not less than $500,000/$500,000/$300,000 to protect
the solicitor, canvasser, peddler, transient merchant, itinerant merchant
or itinerant vendor and the Borough of Sharpsburg against claims for
personal injury or death and damage to property of others. This insurance
shall cover the use of all equipment, wagon, automobile, truck, boat,
tent or other structure or vehicle used in said business. Such insurance
shall name as additional insured the Borough of Sharpsburg and shall
provide that the policy shall not terminate or be canceled prior to
the expiration date without 30 days' advance written notice to the
Borough of Sharpsburg.
2.
All insurance shall be carried with companies which are financially
responsible and licensed to do business in the State of Pennsylvania.
If any such insurance is due to expire during the license and permit
effective period, the solicitor, canvasser, peddler, transient merchant,
itinerant merchant or itinerant vendor shall not permit the coverage
to lapse and shall furnish evidence of coverage to the Borough of
Sharpsburg.
Before any license or permit as herein provided shall be issued for engaging in business as a solicitor, canvasser, etc., as defined in § 13-103, in the Borough of Sharpsburg, such applicant shall file with the Borough Secretary an instrument nominating and appointing the Borough Secretary, or the person performing the duties of such position, his true and lawful agent with full power and authority to acknowledge service of notice of process for and on behalf of said applicant in respect to any matters connected with or arising out of the business transacted under said license and permit and the bond given as required by § 13-108, or for the performance of the conditions of said bond or for any breach thereof, which said instrument shall also contain recitals to the effect that said applicant for said license and permit consents and agrees that service of any notice or process may be as valid as if personally served upon the person or persons applying for the said license and permit under this part, according to the law of this or any other state, and waiving all claim or right of error by reason of such acknowledgment of service or manner of service. Immediately upon service of process upon the Borough Secretary, as herein provided, the Borough Secretary shall send to the licensee at his last known address, by registered mail, a copy of said process.
No license or permit shall be transferred without written consent
from the Mayor as evidenced by an endorsement on the face of the license
by the Borough Secretary showing to whom the license is transferred
and the date of the transfer.
No licensee under this part nor anyone in his behalf shall shout,
make any outcry, blow a horn, ring a bell or use any other sound device
including any loud-speaking radio or amplifying system upon any of
the streets, alleys, parks or other public places of the said Borough
or upon any private premises in the said Borough where sound of sufficient
volume is emitted or produced therefrom capable of being plainly heard
upon the streets, avenues, alleys or parks or other public places
for the purpose of attracting attention to any goods, wares or merchandise
which such licensee proposes to sell.
Solicitors, canvassers, peddlers, transient and itinerant merchants
and itinerant vendors are required to exhibit their licenses at the
request of any citizen.
It shall be the duty of any police officer of the Borough of
Sharpsburg, if necessary, to require any person soliciting, canvassing,
peddling, conducting transient or itinerant business, as herein defined,
to produce his license and to enforce the provisions of this part
against any person found to be violating the same.
The Chief of Police shall report to the Borough Secretary all
convictions for violation of this part, and the Borough Secretary
shall maintain a record for each license and permit issued and record
the reports of violation therein.
1.
Permits and licenses issued under the provisions of this part may
be revoked by the Mayor of the Borough of Sharpsburg after notice
and hearing of any of the following causes:
A.
Fraud, misrepresentation or false statement contained in the application
for license.
B.
Fraud, misrepresentation or false statement made in the course of
carrying on business as a solicitor, canvasser, peddler, transient
or itinerant merchant or itinerant vendor.
C.
Any violation of this part of this chapter.
D.
Conviction of any crime or misdemeanor involving moral turpitude.
E.
Conducting the business of soliciting, canvassing, peddling, transient
or itinerant business in an unlawful manner or in such manner as to
constitute a breach of the peace or to constitute a menace to the
health, safety or general welfare of the public.
2.
Notice of the hearing for revocation of a license shall be in writing,
setting forth specifically the grounds of complaint and the time and
place of hearing. Such notice shall be mailed, postage prepaid, to
the licensee at his last known address at least five days prior to
the date set for hearing.
All annual licenses issued under the provisions of this part
shall expire on the 31st of December in the year when issued. Other
than annual licenses shall expire on the date specified in the license.
No solicitor, canvasser, peddler, transient or itinerant merchant
or itinerant vendor shall have any exclusive right to any location
in the public streets, nor shall he be permitted a stationary location,
nor shall he be permitted to operate in any congested area where his
operations might impede or inconvenience the public. For the purpose
of this part, the judgment of a police officer, exercised in good
faith, shall be deemed conclusive as to whether the area is congested
or the public impeded or inconvenienced.
No solicitors, commercial canvassers, peddlers, transient merchants,
transient vendors or itinerant vendors shall solicit, canvass, peddle,
conduct transient or itinerant business:
1.
Within 500 feet of the grounds of any elementary or secondary school
between 1/2 hour prior to the start of the school day, while the school
is in session and 1/2 hour after dismissal at the end of the school
day.
2.
Within 100 feet of any church while it is in session.
3.
Leave any stand or automobile unattended.
4.
Store, park or leave any stand overnight on any street or sidewalk,
or park any motor vehicle other than in a lawful parking place, in
conformance with Borough and state parking laws and regulations.
5.
On any playground frequented by children.
6.
Sell food or beverages for immediate consumption unless he has available
for public use his own or a public litter receptacle which is available
for his patrons' use.
7.
Leave any location without first picking up, removing and disposing
of all trash or refuse remaining from sales made by him.
8.
Allow any items relating to the operation of the business to be placed
anywhere other than in, on or under the wagon, automobile, tent, boat
or motor vehicle.
9.
Solicit or conduct business with persons in motor vehicles.
10.
Sell anything other than that which he is licensed to sell.
11.
Vend without the insurance and bond coverage as specified herein.
12.
No individual, as defined in § 13-103 of Part 1 of this chapter, shall conduct his business in such a way as would restrict or interfere with the ingress or egress of the abutting property owner or tenant, or create or become a public nuisance, increase traffic congestion or delay, or constitute a hazard to traffic, life or property or an obstruction to adequate access to fire, police or sanitation vehicles.
13.
Before 9:00 a.m. and after 5:00 p.m. on weekdays, Saturdays, Sundays
and state or federal holidays within the Borough of Sharpsburg.
1.
Noncommercial canvassers shall be exempt from §§ 13-105, 13-106, 13-107, 13-108 and 13-109; provided, however, that there is filed a sworn application in writing on a form furnished by the Borough Secretary which contains the following information or, in lieu thereof, a statement of the reason or reasons why such information cannot be furnished:
A.
Name and address or headquarters or organization.
B.
If applicant is not an individual, the names and addresses of the
applicant's principal officers and managers and a copy of the
resolution, if any, authorizing such solicitation.
C.
The purpose for which such solicitation is to be made.
D.
The period during which solicitation is to be conducted.
E.
The name and address of the person or persons by whom the receipts
of such solicitations shall be disbursed.
F.
The name and address of the person or persons who will be in direct
charge of conducting the solicitation and the names of all promoters
connected or to be connected with the proposed solicitation.
G.
An outline of the methods to be used in conducting the solicitations.
H.
The time when such solicitations shall be made, giving the preferred
dates for the beginning and ending of such solicitation.
I.
A full statement of the character and extent of the solicitation
work being done by the applicant within the Borough of Sharpsburg.
J.
A statement to the effect that if a permit is granted, it will not
be used or represented in any way as an endorsement by the Borough
of Sharpsburg or by any department or officer thereof.
2.
If while any application is pending or during the term of any license
granted thereof there is any change in fact, policy or method that
would alter the information given in the application, the applicant
shall notify the Secretary in writing thereof within 24 hours after
such change.
3.
Upon receipt of such application, the Secretary shall forthwith issue
the applicant a license of registration. The license shall remain
in force and effect for a period of six months after the issuance
thereof and shall be renewed upon the expiration of this period upon
the filing of a new application as provided for in this section. License
shall bear the name and address of the person by whom the license
is to be made, the number of the license, the date issued, and a statement
that the license does not constitute an endorsement by the Borough
of Sharpsburg or by any of its departments or officers of the purpose
or of the person conducting the solicitation.
A noncommercial canvasser shall not canvass or solicit business
before 9:00 a.m. and after 8:00 p.m. on weekdays or at any time during
Sundays within the Borough of Sharpsburg.
[Amended 2-21-2013 by Ord. No. 13-05]
Any person, firm or corporation who shall violate any provision
of this part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this part continues or each section
of this part which shall be found to have been violated shall constitute
a separate offense.
