[Ord. 1027, 5/12/1982, Section 601]
a.
DOOR-TO-DOOR SALESPERSON
FOOT PEDDLER
VEHICLE PEDDLER
As used in this Part E, the following terms shall have the meanings
indicated:
Any person engaging in the peddling, selling, soliciting
or taking of orders, either by sample or otherwise, of any personal
property or services in the Municipality, when the activity involves
the movement of the salesperson from building to building, whether
by vehicle or on foot, and the sales activity is proposed to any occupant
of such building.
Any person engaged in the peddling, selling or taking of
orders, either by sample or otherwise, of any personal property or
services within the Municipality, with or without the use of a pushcart
or carried display tray, while standing, walking or otherwise on foot.
Any person engaging in the peddling, selling or taking of
orders, either by sample or otherwise, of any personal property or
services in the Municipality, using a vehicle either in a stationary
position on private or public property or in a moving position on
the public streets.
b.
The foregoing definitions apply equally to all persons, whether a
resident or nonresident of the Municipality, whether such person is
engaged in another business or not.
c.
Exceptions. None of the foregoing definitions shall be deemed to
include either of the following activities:
(1)
Any sale, or the solicitation thereof, or the taking of orders for
personal property or services at a pre-arranged appointment with the
potential customer.
(2)
The collection of money for payment for previously-sold property
or services by a salesperson, with or without a pre-arranged appointment.
[Ord. 1027, 5/12/1982, Section 602; amended by Ord. 1867,
2/20/2007, Section 4]
Every person defined herein as a foot peddler, vehicle peddler
or door-to-door salesperson, whether acting on his own behalf, as
principal, or as the employee or agent of another, shall obtain a
license as hereinafter provided:
a.
Application. Application for a foot peddler, vehicle peddler or door-to-door
salesperson's license shall be on forms provided by the Municipality
and available at the Finance Department of the Municipality. The application
shall be completed and signed by the applicant and shall be filed
at the Finance Department together with two photographs of the face
of the applicant, accurately depicting the applicant's appearance,
approximately two inches by three inches in size. Each person who
wishes to actively engage in peddling or door-to-door sales shall
file a separate application, provide photographs and obtain a license.
Group or joint applications or licenses shall not be permitted, except
as provided in § 10-502g.
b.
Information Required on Application. The application for a foot peddler's,
vehicle peddler's or door-to-door salesperson's license shall contain
the following information:
(1)
Name. The name of the person making application for peddling or door-to-door
sales within the Municipality.
(2)
Address. The permanent address and local address, if any, of the
applicant.
(3)
Other Information. The identifying physical features of each applicant,
date of birth, social security number, together with information of
any previous convictions of criminal offenses. The description of
any motor vehicle(s) proposed to be used by any person referred to
in this section together with the license plate number and the names
of the registered owner(s) thereof.
(4)
Nature Of Peddling Or Door-To-Door Sales. A complete and accurate
description of the nature, type and location of activity to be conducted,
including procedures and methods to be used in contacting persons,
the hours and days of the activity and the lengths of time for which
the license is being requested.
c.
Waiting Period for Action on the Application. A three-day waiting
period, not including weekends or holidays, shall be required between
the submission of the application for a temporary peddlers/salespersons
license and action on it by the Manager or his/her designee. This
waiting period may only be waived by the State College Municipal Council.
d.
Responsibility of the Chief of Police. During the three-day waiting
period, specified in § 10-502c, the Chief of Police shall
cause a determination to be made concerning previous convictions of
crimes, if any, of the applicant and shall transmit such information
to the Manager or his/her designee. The Chief of Police shall also
investigate the organization/applicant to confirm it is doing business
from the address listed on the application and shall advise the Mayor
of the results of his investigation in writing.
e.
Responsibility of the Health Officer. During the three-day waiting
period, specified in § 10-502c, the Health Officer shall,
in all cases where the goods or items are proposed to be sold for
human consumption, review and approve all such goods or items to ensure
compliance with applicable state and local health regulations and
shall transmit notification of his approval to the Manager or his/her
designee.
f.
Responsibility of the Manager or his/her designee. After the three-day
waiting period, but within five days of the submission of an application,
the Manager or his/her designee shall grant approval or disapproval
of the issuance of a peddler's or door-to-door salesperson's license.
The Manager or his/her designee shall have the right to disapprove
any application for any of the following reasons:
(1)
If the applicant has been previously convicted of a felony or misdemeanor.
(2)
If the applicant has given false information on the application.
(3)
If the applicant proposes to sell goods or items for human consumption
and has not received approval from the Health Officer.
(4)
If the applicant has violated the terms of this ordinance or the
municipal ordinances regulating temporary retail dealers or soliciting
and canvassing within one year prior to this application.
g.
License. When the Manager or his/her designee has approved the issuance
of a peddler's or door-to-door salesperson's license, the applicant
shall be issued a license. The license shall contain the information
required on the application, the expiration date, and one of the photographs
that was submitted with the application, shall be attached. The license
shall be carried by each peddler or door-to-door salesperson at all
times when engaged in such activity and shall be exhibited for inspection
to any person approached for purposes of peddling or selling.
The Manager or his/her designee shall have the right to permit
a group application for a peddler's or door-to-door salesperson's
license under the following conditions:
(1)
The applicant is an organization exempt from the payment of license
fees; and,
(2)
The organization has a permanent location or address within the Municipality
or within five miles of the Municipality; and,
(3)
The peddling or sales will be conducted during a period of time not
to exceed one month; and,
(4)
Each individual participating in such peddling or sales is a resident
of the above-described area.
Examples may be Girl Scout cookie sales and similar types of
activity. In such cases, an application shall be made on behalf of
the organization and the peddlers or salespersons indicated by general
description.
[Ord. 1027, 5/12/1982, Section 603; amended by Ord. 1914,
12/15/2008, Section 16]
The term of each peddler's or door-to-door salesperson's license
shall be specified on the license issued and shall not exceed one
month. The fees for a peddler's or door-to-door salesperson's license
shall be set by resolution of Council from time to time. No fee shall
be charged for a peddler's or door-to-door salesperson's license when
such peddler or door-to-door sales-person is a charitable, religious
or educational organization. Exemption from taxation by the United
States Treasury Department to such business shall be sufficient to
establish exemption from payment of fees set forth in this section.
No fees shall be charged to farmers selling their own produce nor
to any business which is a manufacturer or producer in the same of
bread or bakery products, meat and meat products, or milk and milk
products, nor to a business whose sole owner is a Pennsylvania resident
and is a disabled military service veteran.
[Ord. 1027, 5/12/1982, Section 604; amended by Ord. 1209,
6/27/1988, Sections 2 and 3; Ord. 1479, 9/26/1995, Section 2]
The license for peddling or door-to-door sales shall be valid
in all districts within the Municipality, subject to the following
limitations for certain days, districts and activities:
a.
Periods of Time. No foot peddler, vehicle peddler or door-to-door
salesperson shall conduct such activities within the area designated
by Council for the conduct of the Central Pennsylvania Festival of
the Area during the period designated by Council for the conduct of
the Central Pennsylvania Festival of the Arts. Designation of the
area and time period shall be by resolution of Council.[1]
[1]
Editor's Note: See §§ 10-115 and 10-116 of
this chapter for area and times of the Festival.
b.
Days of the Week; Districts. No foot peddling, vehicle peddling or
door-to-door sales shall be conducted within the area designated by
Council for the conduct of the Central Pennsylvania Festival of the
Arts nor during the conduct of First Night during those periods designated
by Council for the conduct of these activities. [See §§ 10-115
and 10-116 of this chapter for area and times of the Festival.]
c.
Special Requirements.
(1)
There shall be no physical contact by the foot peddler, vehicle peddler
or door-to-door salesperson with anyone being approached for sales
purposes without the person's consent. This shall be deemed to include
not only physical force or restraint but also the act of placing objects
on the person or the person's clothing.
(2)
Foot peddlers, vehicle peddlers or door-to-door salespersons shall
not occupy a fixed location on any public sidewalk or street. There
shall be no interference with or blocking of movement of any pedestrians
or vehicles by the foot peddler, vehicle peddler or door-to-door salesperson.
(3)
If a pushcart is used by any foot peddler, vehicle peddler or door-to-door
salesperson, it shall not be permitted to remain in a fixed (non-moving)
location on any public sidewalk or street at any time except when
an actual sale is taking place.
(4)
Foot peddlers may occupy a fixed location in the setback areas of
a building or lot, provided they have the permission of the affected
property owner to do so. Such permission shall be in writing and must
be carried by the foot peddler when in such a fixed location and available
for inspection by the municipal officers.
(5)
Foot peddlers, vehicle peddlers or door-to-door salespersons licensed
under this ordinance shall not be permitted to make or cause to be
made any loud noise to attract attention or for any other purpose.
Such noises may include, but shall not be limited to: shouting, use
of loud speakers, horns, drums, musical instruments or other sound
devices.
(6)
Vehicle peddling from a fixed location in any residential district
of the Municipality is prohibited at all times.
It shall be the responsibility of every foot peddler, vehicle
peddler or door-to-door salesperson licensed under this ordinance
to pay the Municipal Treasurer the proper taxes for himself or any
employee on income earned as a result of the sales.
[Ord. 1027, 5/12/1982, Section 606]
The Mayor is hereby authorized to revoke or to suspend, for
a specific period of time, any license under this ordinance under
the following circumstances:
a.
If the licensee is convicted of a felony or misdemeanor during the
license period.
b.
If the Mayor determines the goods or items being sold are unsafe
or harmful to the public.
c.
If it is determined the licensee has given false information on the
application.
d.
If it is determined the approval of the Health Officer is revoked.
[Ord. 1027, 5/12/1982, Section 607]
Any person whose application for a foot peddler's, or door-to-door
salesperson's license is disapproved by the Mayor, or whose license
is revoked or suspended by the Mayor, may appeal such action to the
Municipal Council. Such appeal shall be in writing and signed by the
person and filed in the office of the Manager within 10 days of the
date of such action appealed from. Council shall conduct a hearing
at a public meeting of Council within 40 days of the filing of such
appeal and shall notify such person, by written letter mailed to the
permanent address of the person shown on the application, such mailing
to occur 15 days or more prior to such hearing. In lieu of mailing
such notice, it may be delivered to such person. The President of
Council shall preside over such hearing and shall administer oath
to all witnesses. Council shall affirm the action appealed from or
reverse such action or may modify the Mayor's action. Any reversal
or modification of the Mayor's action shall be by majority vote of
the Council members present, providing a quorum is present. The Mayor
shall not participate in the making of such decision, but shall be
permitted to testify or present evidence.
[Ord. 1027, 5/12/1982, Section 608{60}; amended by Ord. 1418,
9/27/1993]
Any person who shall violate any of the provisions of this ordinance
shall, on conviction thereof, be sentenced to pay a fine of not less
than $25 (nor more than $100) for the first offense in any calendar
year; $50 (nor more than $200) for the second offense in any calendar
year; and $100 (nor more than $300) for the third and subsequent offense(s)
in any calendar year plus costs. Upon failure to pay such fine and
costs, to imprisonment for not more than 10 days. Each day's continuance
of a violation of any provision of this ordinance shall constitute
a separate offense.
