[HISTORY: Adopted by the Board of Commissioners of the Township
of Wilkins as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-9-1982 by Ord.
No. 693 (Ch. 121 of the 1998 Township Code)]
When used in this article, the following terms shall have the
following meanings:
An organization which has been granted an exemption by the
United States Internal Revenue Service under Section 501(c) or Section
509(a) of the Internal Revenue Code.
Includes any person:
Who goes from private house to house conveying or transporting
goods, wares or merchandise or offering or exposing the same for sale
or making sales or delivering articles, goods, wares or merchandise
to purchasers.
Who goes from private house to house soliciting or attempting
to take orders from individuals for sale of goods, wares or merchandise,
including magazines, books, periodicals or personal property of any
nature whatsoever, for future delivery or for service to be performed
at that time or in the future, whether or not such individual has,
carries or exposes for sale a sample of the subject of such order
or whether or not he/she is collecting advance payments on such orders.
Who goes from private house to private house soliciting donations
or money for himself or for any organization for any purpose, whether
or not anything of value is given in return.
Includes any person who temporarily and for a short time
hires, rents or obtains a definite place of business, whether a storeroom
or a market stand, or a private residence for the sale of goods, wares
or merchandise or to offer or expose the same for sale or for future
delivery and sale. "Temporarily" and "short-time" shall be construed
as three months or less.
The terms of this article shall not be held to include the acts
of merchants or their employees or agents in delivering goods or services
in the regular course of business, nor shall it apply to any manufacturer
or producer in the sale of bread and bakery products, meat and meat
products or milk and milk products.
It shall be unlawful for any solicitor or transient merchant as defined in § 299-1 of this article to engage in any such business within the Township of Wilkins without first obtaining a license therefor in compliance with the provisions of this article.
A.
Applicants for a license under this article must file with the Police
Department of the Township an application, in writing, on a form to
be furnished by the Township which will give the following information:
(1)
The name and a physical description of the applicant.
(2)
The complete permanent home and local address of the applicant and,
in the case of transient merchants, the local address from which proposed
sales will be made and the kind of building or structure in or under
which the business is or will be conducted.
[Amended 9-29-2014 by Ord. No. 1044]
(3)
A brief description of the nature of the business and the goods to
be sold or the organization on behalf of which funds are solicited.
(4)
If employed, the name and address of the employer.
(5)
The source of supply of the goods or property proposed to be sold
or orders taken for the sale thereof and the proposed method of delivery.
(6)
Two recent photographs of the applicant, which shall be approximately
two inches, showing the head and shoulders of the applicant in a clear
and distinguishable manner.
(7)
Criminal history.
[Amended 3-27-1995 by Ord. No. 872]
(a)
A report of criminal history record information from the Pennsylvania
State Police or a statement from the Pennsylvania State Police central
repository that it contains no such information relating to the applicant.
Such criminal history record information shall be limited to that
which is disseminated pursuant to 18 Pa.C.S.A. § 9121(b)(2)
(relating to general regulations) and shall be no more than 180 days
old. The original report or statement of the State Police shall be
copied and returned to the applicant, if requested.
(b)
Where the applicant is not a resident of the commonwealth, the
applicant shall submit with the application a report of federal criminal
history record information pursuant to the Federal Bureau of Investigation
appropriation of Title II of Public Law 92-544, 86 Stat. 1115, and
the Township shall be the intermediary for the purposes of this section.
(8)
Applications involving solicitation for a charitable institution
shall be accompanied by a copy of the grant of exemption issued by
the Internal Revenue Service.
(9)
Applications by transient merchants shall be accompanied by written
permission detailing the use authorized and signed by all registered
owners of real estate (or signed by attorneys-in-fact) on which the
transient merchant intends to conduct business. If attorneys-in-fact
are involved, a copy of the power of attorney must be filed with the
application.
[Added 5-13-1991 by Ord.
No. 810]
(10)
The term or period for which the business shall be conducted,
which in no case shall be greater than three months.
[Added 9-29-2014 by Ord.
No. 1044]
(11)
A letter from the owner or lessee of an establishment in the
vicinity of the premises from which the transient business will be
conducted stating that all persons who will be engaged in the transient
business will be permitted to use sanitary facilities of that establishment.
Such a letter will not be necessary in those cases where adequate
sanitary facilities exist on those premises from which the transient's
business will be conducted. In either case, a certification of the
Ordinance Enforcement Officer must be obtained to ensure that such
proper sanitary facilities either exist or are available to all persons
engaged in the transient business.
[Added 9-29-2014 by Ord.
No. 1044]
B.
This application completed as to all matters inquired of shall be
turned over to the Police Department of the Township, together with
the initial fee to cover the expenses of investigation, payable to
the Township of Wilkins, said fee to be established by resolution
of the Board of Commissioners.[1]
[1]
Editor's Note: The current fee resolution is on file at the
Township offices.
C.
The applicant for a transient business license shall be required to apply for an occupancy permit for the use and occupancy of the grounds or building or premises where or upon which such business is conducted or operated. Such occupancy permit shall be similar to that provided for in Chapter 310, Property Maintenance.
[Added 9-29-2014 by Ord.
No. 1044]
D.
The applicant for a transient business license shall be required
to obtain certification of the Tax Collector that a mercantile tax
license has been issued to him.
[Added 9-29-2014 by Ord.
No. 1044]
E.
The Township, by its duly authorized agent, shall have the right,
power and authority to make periodic inspections at reasonable times
during business hours to determine conditions regarding matters of
health, sanitation, fire safety and the protection of persons and
property and for such purposes as he is authorized and directed to
enter upon any such business premises without liability of trespassing
upon said property while engaged in and acting within the course and
scope of his duties.
[Added 9-29-2014 by Ord.
No. 1044]
A.
Upon receipt of each application, it shall be immediately reviewed
by the Police Department for accuracy.
B.
If as a result of such review the application is found to be true,
the Chief of Police or his designate shall endorse on the application
his approval and return the application to the Township Secretary
or designate, who shall, upon payment of the prescribed initial license
fee, deliver to the applicant his or her license within 24 hours after
payment of the fee.
[Amended 3-27-1995 by Ord. No. 872]
C.
Such license shall contain the signature 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 or organization involved,
the amount of fee paid, the date of issuance and the expiration date,
as well as the license number and other identifying description of
any vehicle used in such licensed business. Each solicitor or transient
merchant must secure an individual license. No license shall be used
at any time by any person other than the one to whom it is issued.
The Township Secretary shall keep a permanent record of all licenses
issued and those rejected.
D.
No person subject to this article shall be issued a license when
the report of criminal history record information indicates that the
applicant has been convicted of a felony, serious misdemeanor or crime
involving moral turpitude or an out-of-state or federal offense similar
in nature to crimes, designated felonies or serious misdemeanors under
Pennsylvania law.
[Added 3-27-1995 by Ord.
No. 872]
E.
The criminal history record information obtained pursuant to this
article shall be retained in the office of the Police Chief of the
Township and shall be confidential.
[Added 3-27-1995 by Ord.
No. 872]
Solicitors for charitable organizations shall comply with the
provisions of this article, but no application or license fee shall
be charged.
Every applicant for a license as a solicitor or transient merchant
under this article shall pay a license fee as established by resolution
of the Board of Commissioners.[1]
[1]
Editor's Note: The current fee resolution is on file at the
Township offices.
A.
No licensee shall solicit at private residences on Sunday nor before
9:00 a.m. or after 5:00 p.m. prevailing time on weekdays and Saturdays.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
No licensee shall solicit at any private residence exhibiting a sign
reading "no solicitors" or words of the same meaning.
C.
Residents may erect "no solicitors" or similar signs not to exceed
120 square inches in size, which, for the purposes of this article,
shall be conspicuously displayed near their entrance walk or doorway.
D.
Solicitors may solicit at business properties in the Township during
all business hours and may solicit in Township streets and other public
places from 9:00 a.m. prevailing time to sunset, provided that such
solicitors obtain a license as required by this article, and they
shall be subject to all the other provisions of this article.
Licensees shall exhibit their license at the request of any
resident or police officer.
A.
Licenses issued under the provisions of this article may be revoked
by the Chief of Police or his designee with respect to such persons
after notice and opportunity for a hearing for any of the following
causes:
(1)
Fraud, misrepresentation or false statement contained in the application
for license.
(2)
Fraud, misrepresentation or false statement made in the course of
carrying on his business as solicitor or transient merchant.
(3)
Any violation of this article.
(4)
Conviction of a felony, serious misdemeanor or crime involving moral
turpitude or an out-of-state or federal offense similar in nature
to crimes, designated felonies or serious misdemeanors under Pennsylvania
law.
[Amended 3-27-1995 by Ord. No. 872]
(5)
Conducting solicitation or business in an unlawful manner or in such
a manner as to constitute a breach of the peace.
(6)
Refusing to leave the premises when asked to do so by the occupant.
B.
Notice of the revocation of a license shall be given, in writing,
setting forth specifically the grounds of complaint and the opportunity
for a hearing. Such notice shall be transmitted by certified mail,
postage prepaid, to the permittee at his last known address.
Any person aggrieved by the action of the Chief of Police or his designee in the denial of application approval as provided in § 299-5 of this article or in the action of the revocation provided in § 299-10 of this article shall have the right of appeal to the Board of Commissioners. Such appeal shall be taken by filing with the Board, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. Hearings shall be governed by the Local Agency Law.[1]
[1]
Editor's Note: See 2 Pa.C.S.A. §§ 551 et seq.,
and 751 et seq.
All permits expire on the date specified in the permit.
[Amended 12-28-1998 by Ord. No. 917]
Any person, firm or corporation that shall violate any of the
provisions of this article shall forfeit and pay to the Township for
each and every separate offense a sum of not more than $1,000 to be
used for and recovered as other fines and penalties are now by law
recoverable, and, in default of payment of the fine and costs of prosecution,
shall be committed to the county jail for a period not exceeding 30
days.
[Adopted 1-31-2021 by Ord. No. 1101]
The provisions of this article apply to food trucks engaged
in the business of cooking, preparing and/or distributing food or
beverages with or without charge in public spaces. This article does
not apply to mobile ice cream or water ice trucks.
For the purposes of this article, the following words, terms
and/or phrases have the meaning indicated herein:
A vehicle or cart, which may, upon issuance of a permit by
the Township of Wilkins and conformance with the regulations established
by this article, temporarily park upon a publicly designated street
or sidewalk and engage in the service, sale or distribution of food
for individual portion service to the general public directly from
the vehicle. The term shall include but is not limited to truck and
trailer hitch units used for food vending.
It shall be unlawful for any person to maintain or operate a
food truck in the Township of Wilkins without first applying for and
securing a permit therefor as provided in this article. The permit
shall be valid from the date of issuance until the end of the calendar
year in which the permit was issued.
Any person who shall desire to operate a food truck in the Township
of Wilkins shall make an application (the applicant) in writing to
the Township. Such application shall be accompanied by such application
fee, as required by a schedule of fees, established and amended from
time to time by resolution of the Board of Commissioners.[1] Such application shall be made annually after the first
of the year upon forms provided by the Township and shall set forth
and include the following information:
A.
The name, business name and address of the applicant and/or food
truck owner;
B.
Contact information, including phone number and email address;
C.
Food truck information, including business license number, all state
and county permits, truck make and model and license plate number;
D.
Certification that the mobile food truck has passed all necessary
inspections required by the Commonwealth of Pennsylvania;
E.
Food truck information, including types of goods to be sold and proposed
hours of food truck vending;
F.
Such other information as may be required from time to time by the
Township;
G.
An agreement of indemnity as outlined in § 121-18 of this
article and a certificate of liability insurance naming the Township
as an additional insured; and
H.
All such information and actions that are required by § 121-19
of this article, or any other section or part of this article.
[1]
Editor's Note: The current fee resolution is on file at the
Township offices.
A.
The owner of the food truck shall well and truly save, indemnify,
defend and hold harmless the Township of Wilkins, its officers, elected
officials, employees and agents from and against any and all actions,
suits, demands, payments, judgments, costs and charges caused by any
reason due to the existence of the food truck and all damages to persons
or property resulting from or in any manner caused by the presence,
location, use, operation, installation, maintenance, replacement,
or removal of such food truck, or by the acts or omissions of the
employees or agents of the applicant and/or food truck owner in connection
with such food truck.
B.
The owner of the food truck must obtain and maintain a general liability
insurance policy protecting itself and the Township of Wilkins from
any and all damages. A food truck owner must indemnify the Township
of Wilkins a minimum amount of $1,000,000 for bodily injury or death
and $500,000 for property damage resulting from any one accident.
All insurance policies shall be issued by companies qualified to do
business in the Commonwealth of Pennsylvania. All policies shall name
the Township as an additional insured and shall provide that any cancellation
or reduction in coverage shall not be effective unless 30 days'
prior written notice thereof has been given to the Township.
C.
Neither the provisions of this section nor any damages recovered
by the Township shall be construed to limit the liability of the owner
of the food truck for damages.
The following regulations shall apply to food trucks:
A.
An applicant, upon submitting an application for a food truck permit,
must also furnish copies of the food truck operator's and/or owner's:
B.
Vending shall only be permitted from food trucks located at least
50 feet from any residential building.
C.
Vending may occur only between 8:00 a.m. and 9:00 p.m. Food trucks
may not arrive before 7:00 a.m. and must be removed by 10:00 p.m.
each day.
D.
Food trucks may not stay parked on the street overnight and must
be removed from the street every night.
E.
All required Township- and Allegheny County issued licenses and permits
must be valid and posted in a visible location on or within the food
truck at all times.
F.
No vending is permitted within 25 feet of a fire hydrant.
G.
No vending is permitted on private property without express permission
of the property owner.
H.
A person in charge must be present at the food truck vending site
at all times.
I.
Food trucks may only serve customers from the side of the truck facing
away from the roadway. Food trucks are prohibited from operating with
their truck open to the roadway.
J.
No tanks, generators or other equipment shall be placed within the
public right-of-way.
K.
No food truck shall provide or allow any dining area, including but
not limited to tables, chairs, booths, bar stools, benches and standup
counters.
L.
Consumers will be provided with single-service articles, such as
plastic forks and paper plates, and a waste container for their disposal.
All food trucks shall offer a waste container for public use that
the operator shall empty at his own expense.
M.
Food truck vendors are required to keep all areas within 20 feet
of the food truck clean of grease, trash, paper, cups or cans associated
with the vending operation.
N.
No food truck shall make or cause to be made any unreasonable or excessive noise in violation of Chapter 277, Noise, of the Township Code.
O.
Temporary signs used as part of the food truck vending operation
shall not exceed eight square feet and shall not block any sidewalk
or impede any vehicular, biking or pedestrian traffic or paths.
P.
Awnings and canopies associated with any food truck shall be at least
seven feet above any public right-of-way.
Q.
A food truck vending operation is subject to any and all applicable
Township Code requirements or other relevant Wilkins Township ordinances,
resolutions or requirements.
A.
The Township Fire Marshal shall promulgate rules and regulations
for the inspection of mobile food trucks to ensure compliance with
all applicable federal, state and local fire safety statutes, regulations,
ordinances and codes.
B.
The Township may from time to time promulgate whatever rules or regulations
it deems necessary or desirable to effectuate the purposes of this
article, and the same shall be approved by the Board of Commissioners.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits the violation of any provision
of this article shall, upon conviction thereof in a summary proceeding
brought before a Magisterial District Judge, be guilty of a summary
offense and shall be subject to the payment of a fine of not more
than $1,000, plus the cost of prosecution. Upon default of payment
thereof, the defendant may be sentenced to imprisonment in the county
prison for a period of not more than 30 days. Each section or provision
of this article that is violated shall constitute a separate offense,
and each day or portion thereof in which a violation of this article
is found to exist shall constitute a separate offense each of which
violations shall be punishable by a separate fine imposed by the Magisterial
District Judge in the amounts stated hereinabove.
