CROSS REFERENCES
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:
(a)
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.
(b)
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.
(c)
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.
(d)
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]
(a)
Applicants for a license under this article shall file with the Licensing
Bureau a sworn application in writing, which shall give the following
information:
(1)
Name and description of the applicant;
(2)
Address, legal and local;
(3)
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;
(4)
If employed, the name and address of the employer, together
with credentials establishing the exact relationship;
(5)
The length of time for which the right to do business is desired;
(6)
If a vehicle is to be used, a description of the same together
with the license number or other means of identification;
(7)
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;
(8)
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;
(9)
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
(10)
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;
(11)
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]
(b)
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:
(a)
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;
(b)
Leave any location without first picking up, removing and disposing
of all trash or refuse remaining from sales by him;
(c)
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;
(d)
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
(e)
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.
