General power to levy license taxes — See 3rd Class 11 Pa.C.S.A.§ 12601.
[Ord. 12-1983 § 2, passed 2-23-1983]
As used in this article, certain terms are defined as follows:
PERSON — Includes the singular and the plural and shall also mean and include any person, firm or corporation, association, club, partnership or society, or any other organization.
PEDDLER — Includes any person, whether a resident of the City or not, traveling by foot, wagon, motor vehicle or any other type of conveyance, from place to place, house to house or street to street, carrying, conveying or transporting goods, merchandise, food or beverages, offering and exposing the same for sale, or making sales and delivering articles to purchasers, or who, without traveling, shall sell or offer the same for sale.
STAND — Any table, showcase, bench, rack, pushcart, wagon or any other wheeled vehicle or device which may be moved and which is used for the displaying, storing or transporting of articles offered for sale by a vendor.
VENDOR — Any person engaged in the selling, or offering for sale, of food, beverages or merchandise on the public streets or sidewalks from a stand or motor vehicle or from his person.
[Ord. 12-1983 § 1, passed 2-23-1983]
No person shall engage in the business of peddler or sidewalk vendor as defined in this article within the corporate limits of the City without first obtaining a license therefor as provided herein.
[Ord. 12-1983 § 3, passed 2-23-1983; Ord. 58-1991 § 1, passed 7-17-1991]
Applicants for a license under this article shall file with the Licensing Bureau a sworn application in writing, which shall give the following information:
Name and description of the applicant;
Address, legal and local;
A brief description of the nature of the business and the goods to be sold and in the case of products of farm or orchard, whether produced or grown by the applicant;
If employed, the name and address of the employer, together with credentials establishing the exact relationship;
The length of time for which the right to do business is desired;
If a vehicle is to be used, a description of the same together with the license number or other means of identification;
A photograph of the applicant taken within 60 days immediately prior to the date of the filing of the application, which picture shall be approximately two inches by two inches, showing the head and shoulders of the applicant in a clear and distinguishing manner;
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 therefore;
A statement by the Health Department of Erie County, dated not more than 10 days prior to the submission of the application, certifying the applicant to be free of infectious, contagious or communicable disease; and
A description of the proposed location of the vending business, except that vendors from motor vehicles shall describe the general area in which they propose to vend, if less than the entire City;
Proof of an insurance policy, issued by an insurance company licensed to do business in the State of Pennsylvania, protecting the licensee and the City, as co-insured, from all claims for damages to property and bodily injury, including death, which may arise from the operations under or in connection with the license. Such insurance shall name as an additional insured the City, 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 City. Said policy of insurance shall have minimum limits of $1,000,000 per occurrence and $2,000,000 general aggregate. The proof of insurance shall be reviewed by the Office of the Solicitor.
[Amended by Ord. 7-2019, passed 2-6-2019]
At the time of filing the application, a fee of $200 shall be paid to the Bureau of Licensing to cover the cost of investigation and issuance of the license.
[Amended by Ord. 7-2019, passed 2-6-2019]
[Ord. 12-1983 § 4, passed 2-23-1983]
Upon receipt of such application, the Bureau of Licensing shall make such investigation as it deems necessary for the protection of the public good. If the issuance of the license is approved, the License Officer shall issue the license. If the license is denied, the applicant shall be provided with a statement of the reasons therefor which reasons shall be entered in writing on the application. A license issued pursuant to this section is valid for a period of one year, from January 1 of each year to December 31 of that same year.
[Ord. 12-1983 § 5, passed 2-23-1983]
No vendor or peddler shall:
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 City and State parking regulations;
Leave any location without first picking up, removing and disposing of all trash or refuse remaining from sales by him;
Sound or permit the sounding of any device which produces a loud noise, or use and operate any loud speaker, public address system, radio, sound amplifier or similar device to attract the attention of the public;
Vend without the insurance coverage as specified in Section 313,03(a)(11), or in any other manner contrary to the provisions contained in this article; or
Vend or peddle contrary to any rules or regulations promulgated by the Bureau of Licensing.
[Ord. 12-1983 § 6, passed 2-23-1983]
A license as issued by the Bureau of Licensing, shall be displayed at all times during the operation of the business in a conspicuous place.
[Ord. 12-1983 § 7, passed 2-23-1983]
Farmers selling their own produce and sidewalk vendors or peddlers being operated by or on behalf of nonprofit organizations or charitable organizations, shall be exempt from the payment of the license fee, but shall otherwise comply with all provisions of this article.
[Ord. 12-1983 § 8, passed 2-23-1983]
All licenses are valid for the current year, unless revoked or suspended prior to expiration. An application to renew a license shall be made not later than 30 days before the expiration of the current license year.
[Ord. 12-1983 § 9, passed 2-23-1983]
The City License Officer shall promulgate and enforce all reasonable rules and regulations necessary to the operation and enforcement of this article.
[Ord. 12-1983 § 10, passed 2-23-1983]
Any person violating any provision of this article shall be guilty of a summary offense and upon conviction, shall be fined not more than $300 or imprisoned not more than 90 days or both.