[HISTORY: Adopted by the Borough Council of the Borough of
Oakdale 10-5-2017 by Ord. No. 2017-4. Amendments noted where applicable.]
A.
LEGAL HOLIDAY
PEDDLER AND TRANSIENT MERCHANT
PERSON
TRANSIENT RETAIL BUSINESS
(1)
(2)
As used in this chapter, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
New Year's Day, Martin Luther King Day, President's Day,
Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas.
Includes any person, whether a resident of the Borough of
Oakdale or not, who goes from house to house, from place to place,
or street to street, will remain stationary within the Borough of
Oakdale, conveying, transporting and/or selling goods, wares, food
products or merchandise, or offering or exposing the same for sale,
or making sales and delivering parts to purchasers.
Any natural person, partnership, association, corporation,
limited liability company or other legal entity.
Engaging in peddling, soliciting, or taking orders, either by
sample or otherwise, for any goods, wares, food products, or merchandise
upon any street, alley, sidewalk, or public ground, or from house
to house within the Borough; or
Selling, soliciting, or taking orders for any goods, wares,
food products, 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.
B.
The singular shall include the plural, the plural shall include the
singular, and the masculine shall include the feminine and the neuter.
No person, peddler, or transient merchant shall engage in any
transient retail business within the Borough without first having
obtained from the Borough Manager a license, for which a fee, which
shall be for the use of the Borough, shall be charged, established
by resolution of the Borough Council.
A.
No license fee shall be charged, although an application shall be
required, for the following:
(1)
To farmers selling their own products.
(2)
For 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.
(3)
To any honorably discharged member of any of the armed services who
complies with the Act of 1867, April 8, P.L. 50, 60 P.S. § 61,
as hereafter amended, supplemented, modified or reenacted by the General
Assembly of Pennsylvania,[1] and who procures from the Prothonotary a certificate pursuant
to the Act of 1867.
[1]
Editor's Note: 60 P.S. § 61 was repealed 11-24-1992
by P.L. 717, No. 108, § 3.
(4)
To any person who has complied with the provisions of the Charitable
Organization Reform Act, 10 P.S. § 161.1 et seq., as hereafter
amended, supplemented, modified or reenacted by the General Assembly
of Pennsylvania.[2]
[2]
Editor's Note: The Charitable Organization Reform Act was
repealed 12-19-1990 by P.L. 1200, No. 202, and replaced by the Solicitation
of Funds for Charitable Purposes Act. See now 10 P.S. § 162.1
et seq.
B.
As set forth above, all persons exempted above from paying the license
fee are still required to file the application with the Borough Manager,
subject to Borough approval.
Applicants for license under this chapter must file with the
Manager of the Borough a sworn application, in writing, on a form
to be furnished by the Borough,[1] which will give the following information:
A.
Name of the applicant.
B.
Complete address of the applicant, and in the case of transient merchants,
the local address from which the proposed sales will be mailed.
C.
A brief description of the nature of the business and goods to be
sold.
D.
If employed, the name and address of the employer, together with
credentials therefrom establishing the exact relationship.
E.
The source of supply of the goods or property to be sold or orders
taken for the sale thereof, and the proposed method of delivery.
F.
A recent photograph of the applicant, which picture shall be approximately
two inches by two inches showing the head and shoulders of the applicant
in a clear and distinguishing manner, such as a driver's license.
G.
A recent (within one year) state criminal record check shall be submitted.
H.
A form of identification for approval by the Borough, which must be exhibited upon request by a citizen, pursuant to § 239-10A hereof.
I.
A copy of the current Allegheny County Health Department inspection,
if applicable.
[1]
Editor's Note: The application for vendor license is included as an attachment to this chapter.
A.
Upon receipt of each application, it shall be referred to the Chief
of Police, and the Chief of Police and the Borough Manager shall institute
such investigation of the applicant's business as they deem necessary
for the protection of the public safety.
B.
If, as a result of such investigation, the character and business
responsibility of the applicant are found to be satisfactory, the
Chief of Police, as designated by the Council, shall endorse on the
application his or her approval and return the application to the
Borough Manager, who shall, upon payment of the prescribed license
fee, deliver to the applicant his or her license within seven days
after it has been filed by the applicant with the Borough Manager.
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 kinds of goods to be sold thereunder,
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 peddler, canvasser
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 Borough Manager shall keep a permanent record of
all licenses issued and those rejected, and also issue a monthly report
to the Borough Council on said applicants and monies received.
A.
No license shall be issued under this chapter until the proper fees
shall have been paid to the Borough Manager, as established from time
to time by resolution of the Borough Council.
B.
The fees specified shall be paid by each and every individual peddler/transient
merchant engaged in sales within the Borough, whether or not hired
by another person.
C.
None of the license fees provided for by this chapter shall be so
applied as to occasion an undue burden upon interstate commerce. In
any case where a license fee is believed by a licensee or applicant
for license to place an undue burden upon such commerce, he or she
may apply to the Borough Council for an adjustment of the fee, so
that it shall not be discriminatory or unreasonable or unfair as to
such commerce.
A.
Any organization, society, association or corporation desiring to solicit, or have solicited in its name, money, donations of money or property, or financial assistance of any kind, or desiring to sell or distribute any item of literature, various types of tokens or merchandise for which a fee is charged or solicited from persons other than members of such organizations upon the streets, in office buildings, by house-to-house canvass, or in public places for a charitable, religious, patriotic or philanthropic purpose shall be exempt from the provisions of § 239-6 regarding fees, provided there is filed a sworn application, in writing, on a form furnished by the Borough Manager which will give the following information:
(1)
Name and purpose of the cause for which a permit is sought.
(2)
Name and address of the officers and directors of the organization.
(3)
Period during which solicitation is to be conducted.
(4)
Whether or not any commission, fees or wages are to be expended in
connection with such solicitation, and the amount thereof.
B.
Upon being satisfied that such organization, association or corporation
is a religious, charitable, patriotic or philanthropic organization,
the Borough Secretary shall issue a permit without charge.
No person engaged in transient retail business within the Borough
of Oakdale shall:
A.
Sell any product or type of product not mentioned in his license.
B.
Shout, cry out, blow a horn, ring a bell, or use any sound or amplifying
device upon any of the streets, alleys, parks, or other public places
in the Borough of Oakdale, or upon private premises where sound or
sufficient volume is emitted or produced therefrom to be capable of
being plainly heard upon the streets, avenue, alleys, parks, or other
public places, for the purpose of attracting attention to any goods,
wares or merchandise which such licensee proposes to sell.[1]
[1]
Editor's Note: See also § 206-2B(11) of Ch. 206, Noise.
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.
D.
Park any vehicle upon any of the streets or alleys in the Borough
for the purpose of sorting, rearranging, or cleaning any of his goods,
wares, or merchandise or of disposing of any carton, wrapping material,
or stock, wares or foodstuffs which have become unsalable through
handling, age or otherwise.
E.
Engage in any business activity, except by permission of the Borough,
at any time on a Sunday or legal holiday or at any time before 9:00
a.m. or after 7:00 p.m. on any day of the week other than a Sunday
or legal holiday.
A.
No licensee shall have any exclusive right to any location in the
public streets, nor shall any be permitted a stationary location thereon,
nor shall any be permitted to operate in a congested area where such
operations might impede or inconvenience the public use of such streets
or sidewalks.
B.
No licensee or permit holder shall be permitted to solicit on Sunday,
nor before 9:00 a.m. or after 7:00 p.m., prevailing time, on weekdays
or Saturday.
A.
Licensee/permit holders are required to prominently display their
license/permit and a form of identification approved by the Borough
on their person so that it is readily visible to any citizen or law
enforcement officer. No license/permit shall be transferable.
B.
It is declared to be the policy of this Borough that the occupants
of residences within the Borough shall determine whether peddlers,
canvassers, or transient merchants shall or shall not be invited to
their respective residence. Notice of the determination not to invite
said solicitors may be given by notice posted on the premises. Such
written notice shall constitute sufficient notice to any solicitor
of the determination of the occupant.
(1)
Any solicitor who has gained entrance to any residence, whether invited
or not, shall immediately and peacefully depart from the premises
when requested to do so by the occupant.
(2)
It is hereby declared to be unlawful and shall constitute a nuisance for any person to go upon any premises and ring the doorbell upon or near any door, or create any sound in any other manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in soliciting in defiance of the notice exhibited at the residence in accordance with the provisions of Subsection B of this section.
Any person, firm or corporation who shall violate any provision
of this chapter, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not less than $100 nor more than
$1,000, plus costs, and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 90 days. Each day that a violation
of this chapter continues or each section of this chapter which shall
be found to have been violated shall constitute a separate offense.
When any individual and/or business hosts an event under this
chapter, including events where food trucks are invited and/or included,
said hosting entity shall ensure the following:
Any and all persons acting under the within chapter shall adhere
to all laws of the Commonwealth of Pennsylvania, ordinances of the
Borough of Oakdale, and be in full compliance with all regulations
of the Allegheny County Health Department.
[Added 5-6-2021 by Ord. No. 2021-2]
A.
Scope. The provisions of this section apply to food trucks as defined
hereunder.
B.
BRICK AND MORTAR BUSINESS
FOOD TRUCK
Definitions. When used in this section, the following terms shall
have the following meanings:
A business or organization that occupies a building or structure
in the Borough, which place serves as a physical location for face-to-face
service of members of the public.
A vehicle-mounted food service designed to be readily moved,
including those in drivable vehicles, towable trailers, and pushcarts,
used for the purpose of distributing or selling prepared food or beverage.
C.
Permit required. It shall be unlawful for any person to operate or
conduct business out of a food truck in the Borough of Oakdale without
first applying for and securing a permit as provided in this section.
Any person in violation of this section shall be subject to the penalties
set forth below.
D.
Exemptions. This section shall not apply to the following:
(1)
Stands or tents that are a direct extension of brick and mortar businesses
located in the Borough.
(2)
The sale of produce or other unprepared foods that are intended for
later consumption, away from the public place of sale, such as those
commonly available at a farmer's market.
(3)
Ice cream trucks that travel throughout the Borough without remaining
in any one fixed location for more than 60 minutes at a time.
E.
Application for permit.
(1)
Any person who shall desire to operate a food truck in the Borough
of Oakdale shall make application in writing to the Borough Secretary.
(2)
The application shall be made on forms provided by the Borough and
may set forth and include, but shall not be limited to, the following
information:
(a)
The name, business name, business license number, address, phone
number, and email address of the applicant and/or owner of the food
truck;
(b)
Contact information, including phone number and email address,
for the person in charge of the food truck on the date(s) of operation;
(c)
Food truck information, including make and model, physical dimensions,
and license plate number;
(d)
Food truck operational information, including types of food
or goods to be sold, and proposed hours of operation;
(e)
The application shall include an acknowledgment that the applicant
agrees to indemnify, defend and hold harmless the Borough against
any and all claims, losses, injuries or damages to person or property,
including attorney fees and court costs, whether incurred as a result
of the negligence of the Borough or the applicant and/or owner and
their employees and agents, and that the applicant is duly authorized
to agree to the same; and
(f)
Such other information as may be required from time to time
by the Borough.
(3)
Copies of all state and county certifications required for the operation
of food services shall be submitted with the application, where applicable.
(4)
A certificate of insurance shall be attached to the application providing
general liability insurance of not less than $350,000 per occurrence,
and listing the Borough as additionally insured. A permit shall be
issued only for the time period covered by the effective dates of
the general liability insurance policy.
(5)
No action shall be taken on any application for a permit under this
section until the application has been completed in its entirety,
with all required supporting documents attached, and the permit fee
has been paid in full.
(6)
Any person aggrieved by a decision of the Borough Secretary may appeal
by delivering a written request to be heard before the Borough Council
within five days of the notice of denial. The appeal shall be heard
before a regularly scheduled meeting of the Borough Council. If there
is no regularly scheduled meeting of the Borough Council occurring
prior to the desired date(s) of operation, then a special meeting
may be held with any required advertising costs to be paid by the
applicant prior to such advertisement. Any person that submits an
application less than seven days in advance of the desired date(s)
of operation forfeits the right to appeal a denial thereof.
(7)
Permits shall be valid for one calendar year from the date the permit
application is approved.
(8)
The permit fee shall be $100 per annual permit application, or as
otherwise set forth in the Borough schedule of fees, as may be amended
from time to time by resolution of the Borough Council.
(9)
If the application is denied, the permit fee shall be returned to
the applicant less any costs actually incurred by the Borough and
less a $20 administrative fee. If the application is approved, no
refund of the permit fee shall be given, regardless of whether the
applicant actually operates on the approved date(s). If the application
is approved in-part and denied in-part, then the permit fee for the
desired dates of operation that are denied shall be returned to the
applicant. Failure of the Borough Secretary to review an application
prior to the desired date(s) of operation shall be a deemed denial
of the application only with regard to each desired date that passes.
(10)
No more than three food trucks shall be allowed to operate on
any one day within the Borough. Permits shall be issued to qualified
applicants on a first-come-first-served basis.
(11)
The Borough may refuse a permit if it determines that issuing
the permit will negatively impact traffic flow, or will otherwise
be detrimental to public health and safety, or if the number of allowed
permits is already exhausted.
(12)
The Borough may refuse a permit if it determines that the applicant
has a poor record of conformance with the requirements under this
section, or if the applicant and/or owner owes any outstanding monies
to the Borough.
F.
Operation of food trucks. The following regulations shall apply to
food trucks:
(1)
Permit holders shall submit in writing to the Borough Secretary the
date(s) and location(s) that they plan to operate their food truck
at least seven days in advance of the desired date(s) of operation
of a food truck, notwithstanding the discretion of the Borough Secretary
to accept an application submitted less than seven days in advance
of the desired date(s) of operation.
(2)
The location for food trucks shall be approved at the discretion
of the Borough Secretary. Operation shall only be permitted of food
trucks located at least 150 feet from any brick and mortar business
of a substantially similar kind, as determined by the Borough Secretary.
Substantially similar kind shall mean a food truck that sells food
made substantially of the same ingredients offered by a brick and
mortar business within the stated proximity.
(3)
No food trucks shall operate in any manner that obstructs a public
right-of-way, impairs the movement of pedestrians or vehicles, or
poses a hazard to public safety.
(4)
No food truck on public property or within the public right-of-way
shall provide or allow any dining area, including but not limited
to tables, chairs, benches, and standup counters.
(5)
No tanks, generators or other equipment shall be placed within the
public right-of-way.
(6)
The Borough Secretary and Borough Police Chief shall have the discretion
to require a food truck to move locations when deemed necessary for
emergency purposes or other public benefit.
(7)
Borough trash receptacles intended for the general public may not
be used by food trucks. All food trucks must provide appropriate and
adequate waste bins which shall be removed at the close of the business
day. Food trucks shall pick up and remove all trash and rubbish within
30 feet of its location.
(8)
All food trucks shall be attended at all times by at least one person
in charge who is at least 18 years of age.
(9)
No liquid waste or grease may be disposed in tree pits, storm drains
or onto the sidewalks, streets, or other public space. Under no circumstances
shall grease be released or disposed of in the Borough's sanitary
sewer system.
(10)
No signage is allowed except signage affixed to the food truck.
(11)
Operation may occur only between 9:00 a.m. and 10:00 p.m. seven
days per week. Food trucks may not arrive more than one hour prior
to the approved hours of operation and must be removed within one
hour of the end of the approved hours of operation. Hours of operation
are subject to change upon notice from the Borough Secretary.
(12)
Food trucks may not remain parked on the street overnight and
may not remain parked in any public parking space overnight.
(13)
All required state- and county-issued licenses and permits must
be valid and posted in a visible location on or within the food truck
at all times.
(14)
Food trucks may not operate within 15 feet of a fire hydrant.
(15)
Food trucks seeking to be located on private property to serve
the general public are subject to the requirements of this section.
(16)
Food trucks remain subject to all applicable Borough Code requirements.
(17)
Failure to comply with any provision of this section may result
in a fine, denial of a permit application, and/or revocation of an
approved permit. The denial of a permit application or revocation
of an approved permit shall be at the discretion of the Borough Secretary.
(18)
The Borough may, from time to time, promulgate whatever rules
or regulations it deems necessary or desirable to effectuate the purposes
of this section, and the same shall be approved by the Borough.
G.
Violations and penalties. Any person who violates or permits the
violation of any provision of this section shall, upon conviction
thereof in a summary proceeding brought before a District Justice,
be guilty of a summary offense and shall be subject to the payment
of a fine, not less than $50 for the first offense, not less than
$100 for the second and subsequent offense, and 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
section that is violated shall constitute a separate offense, and
each day or portion thereof in which a violation of this section is
found to exist shall constitute a separate offense, each of which
violations shall be punishable by a separate fine imposed by the District
Justice in the amounts stated hereinabove.
