[HISTORY: Adopted by the City Council of the City of Chester as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-15-1970 by Ord. No. 86-1970 (Art. 343 of the 1979 Codified Ordinances)]
Certain words as used in this article are defined as follows:
CONTRIBUTIONS
Means the promise or grant of any money or property of any kind or value.
MAYOR
Means the Mayor of the City of Chester.
PERSON
Means any individual, organization, trust, foundation, group, association, partnership, corporation, society or any combination thereof.
PUBLIC
Means any individual, firm, corporation, association or partnership physically present within the City whether resident or nonresident comprising the public at large within the City.
No person shall solicit contributions from the public within the City or have contributions solicited on its behalf from the public within the City unless such person has been duly licensed for such purpose as set forth herein.
A. 
Every person who intends to solicit contributions from the public within the City or to have contributions solicited on its behalf from the public within the City, shall, prior to any solicitation, file an application in writing with the Mayor requesting a license to solicit contributions from the public on a particular day or days. If any person requests more than one day in his application, the right to grant or refuse such license to solicit contributions from the public for more than one day shall be within the complete discretion of the Mayor. Any such license issued by the Mayor shall only be valid for the day requested in the application and for any additional days as permitted by the Mayor in his sole discretion.
B. 
The City may require the following information in the application:
(1) 
The name of the person and the purpose for which the person is soliciting contributions from the public.
(2) 
The principal address of the person and the address of any office in the Commonwealth of Pennsylvania and/or in the City. If the person does not maintain such an office, the name and address of the person having custody of its financial records.
(3) 
The names and addresses of any chapters, branches or affiliates in the Commonwealth of Pennsylvania and/or the City.
(4) 
A description of the manner in which the person is organized and a reference to any determination of its tax exempt status under the Internal Revenue Code.
(5) 
The names and addresses of the officers, directors, trustees and the principal salaried executive staff officer.
(6) 
Whether the person intends to solicit contributions from the public directly or have such done on its behalf by others.
(7) 
Whether the person is authorized by any other governmental authority to solicit contributions and whether it is or has ever been enjoined by any court from soliciting contributions.
(8) 
The name or names under which it intends to solicit contributions.
(9) 
The names of the individuals or officers of the person who will have financial responsibility of the contributions.
(10) 
The names of the individuals or officers of the person responsible for the final distribution of the contributions.
(11) 
Whether the person or any officer, director, trustee and/or employee of such person has been convicted of any crime in the Commonwealth of Pennsylvania and/or in any other jurisdiction.
It shall be the duty of the Mayor to cause an investigation to be conducted of all applications for licenses to solicit contributions from the public to determine whether or not the person making application complies with any and all of the rules, regulations, ordinances and laws applicable thereto. In making such investigation, the Mayor shall, when desired, have the assistance of any City department.
A. 
The Mayor, without the payment of any fee or charge by the applicant, shall issue the required license to the applicant for the particular day requested in the applicant's application except in the following cases:
(1) 
No license shall be issued to the applicant if his application does not set forth in detail all the required information as set forth herein.
(2) 
No license shall be issued if the applicant is found to be a person of bad or immoral character.
(3) 
No license shall be issued if the applicant has been convicted of any crime in the Commonwealth of Pennsylvania and/or in any other jurisdiction.
(4) 
No license shall be issued if the person has been enjoined by any court of record from soliciting contributions in this or in any other jurisdiction.
(5) 
No license shall be issued if it is found that the purpose for which the contributions are solicited is illegal and/or immoral.
B. 
If a license to solicit contributions from the public is requested for more than one day, it is within the sole discretion of the Mayor as to whether he will issue a license for more than one day.
Any issued license shall expire at 5:00 p.m. on the day and/or the last day for which the license was issued by the Mayor. Every licensed person shall at all times while soliciting contributions from the public carry upon his person the issued license and exhibit such license upon request to any police officer, City official or any person solicited.
No person licensed under the provisions of this article shall use any loudspeaker, horn and/or any other sound device for announcing his presence by which the public is annoyed.
Any license issued under the provisions of this article may be suspended or revoked by the Mayor upon proof that the person so licensed is guilty of disorderly, immoral, or illegal conduct, or upon proof that the person so licensed has violated any of the rules, regulations, ordinances or laws applicable thereto.
This article shall not apply to any person required to be licensed under the Act of August 9, 1963, (P.L. 628), as amended (10 P.S. §§ 160-1 to 160-14), known as the "Solicitation of Charitable Funds Act."
[Amended 6-6-1990 by Ord. No. 4-1990]
Any person who violates any provision of this article shall, upon conviction in a summary proceeding, be fined not more than $600 and costs of prosecution, and in default of payment thereof, shall be imprisoned for not more than 90 days. Each day's violation of this article shall constitute a separate violation hereof.
[Adopted 7-24-1997 by Ord. No. 11-1997 (Art. 1104 of the 1979 Codified Ordinances)]
[Amended 2-20-1980 by Ord. No. 1-1980]
Certain words as used in this article are defined as follows:
MOBILE ESTABLISHMENT
Means any vehicle in which goods, wares or merchandise of any kind or description are sold at either retail or wholesale or any vehicle which is used to canvass or solicit within the City any order for goods, books, paintings, wares or merchandise of any kind or description and deliver such articles under order so obtained or solicited.
PEDDLER
Means any person who is a resident of the City of Chester who shall sell at wholesale or retail any goods, wares or merchandise of any kind or description within the City, or canvass or solicit within the City any orders for goods, books, paintings, wares or merchandise of any kind or description from a mobile or semimobile establishment or vehicle or on a door-to-door basis.
PROPRIETOR
Means any person, partnership or association conducting a mobile, semimobile or door to door retail or wholesale business.
SEMIMOBILE ESTABLISHMENT
Means any stand in which goods, wares or merchandise of any kind or description are sold at either retail or wholesale or any vehicle which is used to canvass or solicit within the City any order for goods, books, paintings, wares or merchandise of any kind or description and deliver such articles under order so obtained or solicited, and is not of a permanent nature and must be completely removed daily.
STAND
Means any showcase, table, bench, rack, stall or other fixture, device or thing whatever, which is used to display, carry, transport, store, offer for sale or sell any goods, wares or merchandise.
TRANSIENT DEALER
Means any person not a resident of the City of Chester who shall sell at wholesale or retail any goods, wares or merchandise of any kind or description within the City or canvass or solicit within the City any orders for goods, books, paintings, wares or merchandise of any kind or description and deliver such articles under order so obtained or solicited from a mobile or semimobile establishment or vehicle or on a door-to-door basis.
A. 
No person shall be a peddler or a transient dealer or the proprietor of such a business within the City without first obtaining a license from the Department of Public Safety, Bureau of Health.
B. 
Any person desiring to commence or carry on a transient wholesale or retail business shall apply to the Department for a license for such purpose.
C. 
Transient dealer application. The Application shall be made on a form provided by the Department and shall contain the following information:
(1) 
Name of proprietor;
(2) 
Address of the proprietor;
(3) 
Location or area in which business shall be conducted;
(4) 
Hours and period of time business shall operate;
(5) 
Nature of business and type of items being sold;
(6) 
Whether the proprietor has a mercantile license to operate in the City; and
(7) 
The amount of the license fee and date of issuance.
D. 
Any person desiring to commence or carry on a peddlers' wholesale or retail business shall apply to the Department for a license for such purpose.
E. 
Peddler's application. The application shall be made on a form provided by the Department and shall contain the following information:
(1) 
Name of proprietor;
(2) 
Address of the proprietor;
(3) 
Location or area in which business shall be conducted;
(4) 
Hours and period of time business shall operate;
(5) 
Nature of business and type of items being sold;
(6) 
Whether the proprietor has a mercantile license to operate in the City; and
(7) 
Amount of the license fee and date of issuance.
F. 
No license shall be issued unless the applicant has first obtained a mercantile license or is exempt by law from obtaining such license.
G. 
Licensee must, during the license year, notify the Department in writing of any change in information required by this section within 30 days of such notice.
[Amended 12-14-2005 by Ord. No. 16-2005; 10-26-2016 by Ord. No. 19-2016]
A. 
There shall be a fee of $25 for the application for licensing, which fee includes the processing of the application, any inspections necessary prior to licensing, and a copy of the ordinance relevant to the application. The application fee is nonrefundable and shall be paid prior to the application.
B. 
The applicant must be the owner of the property where any semi-mobile or stand is located. If the applicant is not the owner, then a copy of a lease agreement with the owner of the property must be submitted.
C. 
The license fee shall be as follows:
Peddler's license
Duration
Fee
Total Range
1 to 15 days
$5 per day
$5 to $75
16 to 30 days
$4 per day
$64 to $120
31 to 60 days
$3 per day
$93 to $180
Annual
$200
N/A
Transient License
Duration
Fee
Total Range
1 to 15 days
$10 per day
$10 to $150
16 to 30 days
$7 per day
$112 to $210
31 to 60 days
$5 per day
$155 to $300
Annual
$200
N/A
[Amended 12-14-2005 by Ord. No. 16-2005; 10-26-2016 by Ord. No. 19-2016]
A. 
Term. A license issued under this article shall entitle the holder thereof to sell goods, wares and merchandise for the period of time stated on the license but in no event longer than 60 days, unless an annual license has been issued. More than one license can be obtained in a calendar year, but the aggregate length of time for all the license(s) can be no more than 60 days.
B. 
The applicant, after being notified by the Department that this application has been provisionally approved:
(1) 
Agrees to have his stand inspected and approved;
(2) 
Pays the initial license fee as required by § 383-14C;
(3) 
Provides a copy of the deed to the property where business will be located if he is the owner of the property; or provides lease or other written agreement authorizing use of the property if owned by another;
(4) 
Attends orientation session conducted by the Department, at which applicant will receive a copy of this article and provisions of this article will be explained.
C. 
Duplication fee. A duplication license may be obtained for a fee of $15.
D. 
The license is not transferable.
[Amended 12-14-2005 by Ord. No. 16-2005]
A. 
None of the restrictions contained shall apply to stores regularly leased for the purpose of trade.
B. 
None of the provisions of this article shall apply to persons selling by sample to manufacturers, licensed merchants or dealers residing or doing business in the City.
C. 
Charitable permit exception. Nothing in this article shall be construed so as to prevent the sale of goods, wares and merchandise donated by the owners thereof, the proceeds whereof are to be applied to any charitable or philanthropic purposes; but they shall at such times submit satisfactory proof that they are not in the transient wholesale or retail business, or are not transient wholesale or retail dealers, whereupon the Department of Public Safety shall issue a permit without charge.
A. 
Licensees are responsible for maintaining the area within 15 feet of their stands clean of all trash generated by their business operations.
B. 
Licensee must take with them at the end of each day all trash, litter, garbage generated by their business operations. No licensee may place or deposit any trash, litter, garbage or refuse generated by his licensed operations on the sidewalk, in any public receptacle, or on any private property without the express permission of the property owner.
C. 
The Department shall inspect each stand for the purpose of protecting public safety and ensuring that stands are maintained in a neat, clean and orderly fashion and ensure that applicant's stand:
(1) 
Has storage areas not visible to the public;
(2) 
Is made of materials that are durable and easy to clean;
(3) 
Is readily movable by applicant.
A. 
Prohibited locations. No person shall sell at wholesale or retail any goods, wares or merchandise of any kind or description from a mobile, semimobile, retail or wholesale business or stand or canvas or solicit in the designated Central Business District of the City which encompasses Edgmont Avenue between Third Street and Twelfth Street, Market Street; between Front Street and Sixth Street; Sproul Street between Edgmont Avenue and Ninth Street; Welsh Street between Fifth Street and Ninth Street; Third Street between Penn Street and Welsh Street; Fourth Street between Edgmont Avenue and Welsh Street; Sixth Street between Sproul Street and Welsh Street; Seventh Street between Chester River and Crosby Street; Eighth Street between Sproul Street and Madison Street; and Welsh Street between Chester River and Madison Street.
B. 
Other prohibited conduct. No licensee shall:
(1) 
Conduct himself or his business in such a way as would restrict or interfere with the ingress or egress of the abutting owner or tenant, or in such a way as would create a nuisance or hazard to public health, safety or welfare, or increase traffic congestion or delay, or constitute an obstruction to adequate access to fire, police or sanitation vehicles.
(2) 
Leave any stand unattended at any time.
(3) 
Conduct licensed operation between 11:00 p.m. and 6:00 a.m.
Any license issued under this article may be revoked for any of the following reasons:
A. 
Fraud, misrepresentation or knowingly false statement contained in the application for the license;
B. 
Fraud, misrepresentation or knowingly false statement in the course of carrying on licensed operations;
C. 
Any violation of any provision of this article or other rules, regulations or laws.
[Amended 12-14-2005 by Ord. No. 16-2005]
Any person who violates any provision of this article or any provision or any rule or regulation adopted by the Board of Health and Council pursuant to the authority granted by this article shall, upon conviction before any Magistrate in the City, be fined not less than $100 nor more than $600, or in default thereof, be imprisoned for not less than 10 nor more than 30 days. Each day's violation of this article and/or the rules or regulations as aforesaid shall constitute a separate violation hereof.