[Added 10-21-2002 by Ord.
No. 1209]
It is the intent, purpose and scope of this chapter to protect
the privacy of the residents of the Borough of Sewickley, to protect
the residents of the Borough of Sewickley from undue annoyance, to
prevent fraud and to prevent crime.
[Amended 10-21-2002 by Ord. No. 1209]
A. As used in this chapter, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
LEGAL HOLIDAY
New Year's Day, Memorial Day, Independence Day, Labor
Day, Thanksgiving Day and Christmas.
PERSON
Any natural person, partnership, association, corporation
or other legal entity.
TRANSIENT RETAIL BUSINESS
[Amended 8-18-2008 by Ord. No. 1268]
(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 dwelling unit to
dwelling unit or building to building within the Borough.
(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 not be limited to, such activities
conducted at the time of special occasions or celebrations, for seasonal
purposes, or for yearly holidays.
(3)
Canvassing by means of the practice of going from dwelling unit
to dwelling unit or building to building to conduct surveys for research
purposes (other than those conducted by an agency of the state or
federal government), to make analyses, to take opinion polls, to compile
rating data and to conduct any similar work which, by its nature,
involves door-to-door or place-to-place activity, including the obtaining
of contributions or donations for any person or organization, except
for soliciting or obtaining contributions or donations for religious,
political or other causes.
(4)
Going from dwelling unit to dwelling unit or building to building
to advocate or advance any religious, political or other causes and/or
to solicit contributions or donations for any such religious, political
or other causes.
B. The singular shall include the plural; the plural shall include the
singular; and the masculine shall include the feminine and the neuter.
[Amended 10-21-2002 by Ord. No. 1209]
No person shall engage in any transient retail business within the Borough without first having obtained from the Chief of Police a license, for which a fee established pursuant to a resolution of the Borough, which shall be for the use of the Borough, shall be charged; except that organizations and/or persons conducting street fairs, parades or similar gatherings pursuant to permits issued by the Borough for the use of the Borough streets under Chapter
318, Article
I, §
318-7, shall be exempt from the requirements of this chapter. Persons described by subsection (4) of the definition of "transient retail business" contained in this chapter and children under the age of 18 years who take orders for and deliver newspapers, greeting cards, candy, bakery products and the like shall be exempt from the licensing requirements of this chapter and shall be subject only to the requirements of §
306-7D,
E,
G and
H.
[Amended 10-21-2002 by Ord. No. 1209]
A. No license fee shall be charged:
(1) To farmers selling their own produce.
(2) To any persons who has complied with the provisions of the Solicitation
of Charitable Funds Act, August 9, 1963, P.L. 628, 10 P.S. § 160-1
et seq., as hereafter amended, supplemented, modified and reenacted
by the General Assembly of Pennsylvania.
(3) To persons working without compensation and selling goods, wares
or merchandise for the sole benefit of any nonprofit corporation.
(4) To persons described by subsection
(3) of the definition of "transient retail business" in §
306-2A in this chapter.
B. All persons exempted from the payment of the license fee shall be
required to register with the Police Chief and obtain a license without
fee, provided that any person dealing in one or more of the above-mentioned
exempted categories, and dealing with other goods, wares or merchandise
not so exempted, shall be subject to the payment of the license fee
fixed by this section for his activities in connection with the sale
of goods, wares and merchandise not in such exempted categories.
C. Provided, further, that every license issued under the provisions
of this chapter shall be issued on an individual basis to any person
or persons engaging in such business; every individual shall obtain
a separate license, issued to him in his name, and the license fee
hereby imposed shall be applicable to every such individual license,
except that a representative of a charitable organization may obtain
licenses for the applicants.
Every person desiring a license under this chapter shall first
make application to the Police Chief for such license. He shall, when
making such application, exhibit a valid license from any state or
county officer, if such license is also required. The applicant shall
state:
A. His name, age, sex, home address and telephone number.
B. His criminal record, if any.
C. Name and address of the person by whom he is employed.
D. Business address, either his or her employer, and telephone number.
E. Type of goods, wares and merchandise he wishes to deal with in such
transient retail business.
F. Length of time for which license is to be issued.
G. Make, type and license number of the vehicle to be issued.
H. Two recent photographs of the applicant, showing the applicant's
face and shoulders in a clear and recognizable manner.
Upon receipt of such application and the prescribed fee, the
Chief of Police, if he shall find such application in order, shall
issue the license required under this chapter. Such license shall
be issued for the number of days requested, if approved by the Chief
of Police. The license shall indicate the name of the applicant and
the dates for which the license is approved. Every license holder
shall carry such license upon his person if engaged in 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,
municipal officials and citizens or residents of the Borough.
[Amended 10-21-2002 by Ord. No. 1209]
No person in any transient retail business shall:
A. Sell any product or type of product not mentioned in his license.
B. Hawk or cry his wares upon any of the streets, alleys, sidewalks
or public grounds in the Borough.
C. 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 or working in the immediate
vicinity, except as part of an organized fair or festival.
D. Engage in any business activity, except by prior appointment, at
any time before 9:00 a.m. or after 8:00 p.m. on any day of the week
unless as part of any organized fair or festival.
[Amended 8-14-2018 by Ord. No. 1360]
E. Carry on transient retail business activities at a private residence
or business premises exhibiting a sign reading "no solicitors" or
words of similar meaning. A sign reading "no solicitors" or similar
sign, not to exceed 100 square inches in size, may be placed on residential
or business premises and for the purpose of this chapter shall be
conspicuously displayed near the entrance or doorway.
F. Carry on transient retail business activities at a private residence
or business premises on the "list of residences requesting no solicitation"
("no soliciting list") as supplied by the Borough to any license holder.
G. Refuse to leave the premises when asked to do so by the occupant
of the premises.
H. Conduct activities in an unlawful, fraudulent or criminal manner
or so as to constitute a breach of the peace.
[Amended 2-19-1996 by Ord. No. 1159]
Any person, firm or corporation who shall violate any provision
of this chapter shall, upon conviction thereof, be sentenced to pay
a fine of not more than $600 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 chapter continues shall constitute
a separate offense.