[HISTORY: Adopted by the City Council of the City of Lower
Burrell 5-18-1977 by Ord. No. 4-1977. Amendments noted where applicable.]
[Amended 7-13-1992 by Ord. No. 8-1992]
A.
No person shall sell or offer for sale, order or exchange, or go
from door to door soliciting the purchase of, or gift of any products,
wares, merchandise or other articles of value or any money, or any
services, in any place in, upon, along or through the streets, alleys
or other public places within the City, unless he is the holder of
a license which is in full force and effect and issued pursuant to
provisions of this chapter. Such person shall at all times have the
license with him while exercising such calling, and shall exhibit
the license to any police officer, official or City resident upon
demand.
C.
Any person who sells products he has grown from a fixed location
must have written permission from the property owner.
[Amended 12-12-2016 by Ord. No. 6-2016]
D.
To any
person who has complied with the provisions of the Solicitation Charitable
Funds Act, August 9, 1963, P.L. 628, 10 P.S. § 162.1 et
seq., as hereafter amended, supplemented, modified or reenacted by
the General Assembly of Pennsylvania.
[Added 7-13-2020 by Ord. No. 2-2020]
[Amended 7-13-1992 by Ord. No. 8-1992]
No person, while engaged in any canvassing or solicitation,
shall knock at the door or ring the bell of any home, apartment, apartment
building or other dwelling unit in the City upon which is displayed
at the entrance a notice which reads "No Trespassing," "No Solicitation,"
or which otherwise clearly purports to prohibit peddlers or solicitors
on the premises, unless such peddler or solicitor is or has been invited
onto the premises by the owner, licensee or occupant thereof.
[Amended 9-10-1990 by Ord. No. 5-1990; 3-9-1992 by Ord. No.
3-1992; 7-13-1992 by Ord. No. 8-1992; 12-12-2016 by Ord. No. 6-2016; 7-13-2020 by Ord. No. 2-2020]
A.
Any person required to have a license under § 215-1 and who desires to engage in the business of a peddler or solicitor shall make application in person for a license at the City Hall upon a form provided by the Mayor. Every person desiring a license under this chapter shall first make application to the City for such license. When making such application, exhibit a valid license from any state or county office if such a license is also required. The applicant shall state:
(1)
Name, age, sex, home address and telephone number.
(2)
Any criminal record.
(3)
Name and address of the person by whom employed.
(4)
Business address, either the applicant or their employer, and telephone
number.
(5)
Type of goods, wares and merchandise you wish to deal with in such
a transient retail business.
(6)
Length of time for which the license is to be issued.
(7)
Make, type and license number of the vehicle to be used.
(8)
Two recent photographs of the applicant with the applicant's
face and shoulders in a clear and recognizable manner.
B.
Every license issued under 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 the person in their name,
and the license fee hereby imposed shall be applicable to every such
individual license, except that representative of a charitable organization.
C.
Upon receipt of such application and prescribed fee, set by resolution,
if the application is in order, the City shall issue the license required
under this chapter. The license shall indicate the name of the applicant
and the dates for which the license is approved. Every license holder
shall carry such a license upon their person if engaged in transient
retail business.
D.
No person in any transient retail business shall sell any product
or type of product not mentioned in the license.
E.
Any business selling food prepared by a mobile food vendor must have
a retail inspection certification from the Tri-City Health Officer.
F.
Upon approval by the Mayor or his designee, the applicant shall pay
a license fee in an amount as established from time to time by resolution
of the City Council.
[Amended 7-13-1992 by Ord. No. 8-1992]
A.
No person, whether licensed or not, shall go on private premises
for the purposes of noncommercial solicitation before the hour of
9:00 a.m. or after the hour 9:00 p.m. Eastern standard time or 9:00
p.m. Eastern daylight saving time; nor for the purpose of commercial
solicitation before the hour of 9:00 a.m. or after the hour of 7:00
p.m.
B.
No licensed peddler or solicitor shall engage in or transact any
type of business or solicitation other than that specified on the
license application.
[Amended 12-12-2016 by Ord. No. 6-2016; 7-13-2020 by Ord. No. 2-2020]
The Mayor or anyone acting on his behalf may suspend or revoke
any peddler's or solicitor's license for violation of any City ordinance,
false or incorrect information submitted on the license application
or for any fraud or misrepresentation made in the solicitation or
due to numerous residents filing complaints. This also includes refusing
to leave the premises when asked to do so by the occupant of the premises.
Such person whose license is suspended above may not apply for a new
license thereafter until one complete calendar year after such revocation
or license suspension.
[Amended 12-12-2016 by Ord. No. 6-2016]
Whoever violates any provision of this chapter shall, upon conviction
thereof, be sentenced to 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. The amount charged may be changed by resolution
of Council.
