[HISTORY: Adopted by the City Council of
the City of New Kensington 12-20-1994 by Ord. No. 2-94. Amendments
noted where applicable.]
It shall be unlawful for any peddler, solicitor (canvasser), transient merchant (vendor) or temporary merchant (vendor), as defined in § 153-2 of this chapter, to engage in such business within the City of New Kensington without first obtaining a license therefor in compliance with the provisions of this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
One who sells tangible commodities from house to house, store
to store or on the streets or in any public place. Sales are not made
from one established location and delivery of the commodity is at
the time of the sale.
One who takes orders for future deliveries or who sells intangible
services or solicits subscriptions in public places or from house
to house or store to store.
A nonprofit organization that sponsors a community-oriented
special event which shall last no longer than a two-week period and
which allows vendors to sell commodities under its auspices during
said special event.
One who sells commodities from a private premises but remains
at one place for a temporary period of more than four weeks but less
than six total months in any calendar year.
One who sells commodities from a private premises but remains
at one place for temporary periods of less than four weeks.
The provisions of this chapter shall not apply
to:
A.
Farmers selling their own produce.
B.
The sale of goods, wares and merchandise donated by
the owners thereof when the proceeds thereof are to be applied to
any charitable or philanthropic purpose.
C.
Any manufacturer or producer in the sale of bread
and bakery products, meat and meat products or milk and milk products.
D.
Sales by commercial sales agents to dealers in the
usual course of business.
E.
Bona fide branch stores or locations lawfully operated
by retail merchants already having a permanent place of business in
the City of New Kensington or at temporary locations by such merchants
whose permanent places of business have been destroyed or rendered
untenable.
F.
Sale by the owners of household goods, on their premises,
commonly known as "garage sales" or "yard sales," so long as such
sales are not held for more than eight days in any one calendar year.
An application for a license as required by § 153-1 shall be made to the Mayor upon forms provided by the City of New Kensington. Such application shall be sworn to and filed with the Mayor at least 10 days prior to the time at which the license applied for shall become effective; provided, however, that the Mayor may, for good cause shown, allow the filing of an application less than 10 days prior to the effective date of the permit applied for.
A.
Peddlers, solicitors, transient merchants and temporary
merchants.
(1)
The application for the above groups shall contain
the following information:
(a)
The name, address or headquarters of the entity
or person applying for the permit.
(b)
If the applicant is not an individual, the names
and addresses of the applicant's principal officers and managers.
(c)
The nature and character of the proposed business
of the applicant.
(d)
The representations which are to be made and
advertised concerning the applicant's business.
(e)
An outline of the method or methods to be used
in conducting the business.
(f)
The name and address of the person or persons
who will be in direct charge of conducting the business and the names
and addresses of all persons connected or to be connected with the
proposed business.
(g)
The time when such business will be conducted,
giving the dates for the beginning and ending of such conduct of business.
(h)
Such other information as may be reasonably
required by the City Manager in order for him to determine the kind
and character of the business to be conducted.
(2)
If, while any application is pending or during the
term of any permit granted, there is any change of fact, policy or
method that would alter the information given in the application,
the applicant shall notify the Mayor, in writing, thereof within 24
hours after such change.
B.
Special events sponsors.
(1)
The application for the special events sponsors shall
contain the following information:
(a)
The name, address or headquarters of the sponsor
applying for the permit.
(b)
The names of the officers or managers of such
sponsor.
(c)
The name of the special event, the dates of
the event and a calendar of the schedule of activities that will be
held.
(d)
A brief history of the event (if not in its
initial year) as well as an explanation of the community nature of
the event.
(e)
A list of all activities during the course of
the event which will potentially involve the use of vendors selling
any commodities.
(f)
A list of the vendors under the sponsorship
of the applicant that have or will be given permission to sell commodities
during one or more activities to be held during the event, including
the addresses of the vendors and a contact person with a telephone
number and the types of commodities to be sold (i.e., food, beverage,
clothing, novelties, etc.).
(2)
All such vendors listed in such a special events sponsor
application (if approved) shall be allowed lawfully to operate under
the auspices of a license granted thereto without having to secure
a separate and individual license hereunder. The maximum period for
a special events sponsor license shall be two weeks.
The Mayor shall examine or cause to be examined
by City personnel all applications filed hereunder and shall make
or cause to be made such further investigation of the application
and applicant as the Mayor shall deem necessary.
A.
The Mayor shall issue the license provided for in § 153-1 hereof whenever he shall find the following facts to exist:
(1)
That all of the statements made in the application
are true.
(2)
That the control and supervision of the conduct of
the business will be under responsible and reliable persons.
(3)
That the applicant has not engaged in any previous
fraudulent transactions or enterprises.
(4)
That neither the business nor the conduct of the business
will be a fraud on the public.
B.
The Mayor shall notify the applicant by mail or personal
delivery of his decision, and, if the application is denied, the Mayor
shall prepare a written statement of findings of fact.
Whenever it shall be shown or whenever the Mayor
has knowledge that any person to whom a license has been issued under
this chapter has violated any of the provisions of this chapter, the
Mayor shall immediately revoke the license by giving the license holder
immediate written notice thereof.
The following nonrefundable license fees shall
be payable in advance of conducting any business within the City of
New Kensington, and each license issued shall be exclusive of the
other licenses herein:
A.
Peddler: $15 per day.
[Amended 12-2-2014 by Ord. No. 4-14]
B.
Solicitor (canvasser): $15 per person, per day.
[Amended 12-2-2014 by Ord. No. 4-14]
C.
Transient merchant (vendor): $200 per month.
D.
Temporary merchant (vendor): $20 per month or $70
per six months (six-month license must be secured in advance of business
initiation).
E.
Special events sponsor: $20 per two weeks.
Each peddler, solicitor, transient merchant
and temporary merchant shall display proof of licensing under this
chapter at all times.
Any license issued under this chapter shall
be nontransferable and shall be returned to the Mayor within two days
of its date of expiration, together with all facsimile copies thereof.
No person licensed under this chapter shall
engage or conduct his business at any time on Sunday or upon any other
day of the week before 9:00 a.m. or after 8:00 p.m. unless prior written
approval is granted by the City of New Kensington.
No person licensed hereunder shall utilize any
loudspeaker, horn or any other device for announcing his presence
by which the public is annoyed.
No person licensed under this chapter shall
occupy any fixed location upon any of the streets, alleys or sidewalks
of the City of New Kensington for the purpose of conducting his business,
with or without any stand or counter, unless a special events sponsor
shall be granted prior written approval by the City of New Kensington.
All peddlers, solicitors, transient merchants
and temporary merchants remain subject to the requirements of any
applicable City of New Kensington taxes.
Any person who violates any of the provisions
of this chapter shall, upon conviction thereof, be punished by a fine
of not more than $600, plus costs of prosecution for each and every
offense, and, in default of payment of such costs and fine, be sentenced
to imprisonment for a term not exceeding 90 days. Each day during
which a violation of this chapter occurs or continues shall constitute
a separate offense.
