Borough of Port Vue, PA Chapter 216 Peddling and Soliciting

[HISTORY: Adopted by the Borough Council of the Borough of Port Vue 5-9-1957 by Ord. No. 149; amended in its entirety 9-12-1989 by Ord. No. 401 (Ch. 13, Part 2, of the 1989 Code of Ordinances). Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Parks and recreation areas — See Ch. 210.

Streets and sidewalks — See Ch. 263.

§ 216-1 Definitions; word usage.

A. As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:

LEGAL HOLIDAY

New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas.

PERSON

Any natural person, partnership, association, corporation, or other legal entity.

TRANSIENT RETAIL BUSINESS

(1) Engaging in peddling, soliciting, or taking orders, either by sample or otherwise, for any goods, wares, or merchandise upon any street, alley, sidewalk, or public ground, or from house to house, within the Borough of Port Vue; or

(2) Selling, soliciting, or taking orders for any goods, wares, or merchandise, from a fixed location within the Borough of Port Vue, on a temporary basis, which shall include, but not be limited to, such activities conducted at the time of special occasions or celebrations, for seasonal purposes, or for or in advance of specific yearly holidays.

B. The singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and the neuter.

§ 216-2 License required; fees.

No person shall engage in any transient retail business within the Borough of Port Vue without first having obtained from the Borough Secretary a license, for which a fee, which shall be for the use of the Borough, shall be charged: $15 for one day or fraction thereof; $100 for one week or fraction thereof; $200 for one month or fraction thereof; $300 for one year or fraction thereof.

§ 216-3 Exceptions.

A. No license fee shall be charged:

(1) To farmers selling their own produce;

(2) For the sale of goods, wares, and merchandise, donated by the owners thereof, the proceeds whereof are to be applied to any charitable or philanthropic purpose;

(3) To any manufacturer or producer in the sale of bread and bakery products, meat and meat products, or milk and milk products;

(4) To children under the age of 18 years who take orders for and deliver newspapers, greeting cards, candy, bakery products, and the like, or who represent the Boy Scouts or Girl Scouts or similar organizations;

(5) To any honorable discharged member of any of the armed services who complies with the Act of 1867, April 8, P.L. 50, 60 P.S. § 61 (1982),[1] hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania, and who procures from the Prothonotary a certificate in pursuance of the Act of 1867;

[1] Editor's Note: 60 P.S. § 61 was repealed 11-24-1992 by P.L. 717, No. 108.

(6) To the seeking or taking of orders by insurance agents or brokers licensed under the insurance laws of the Commonwealth of Pennsylvania;

(7) To any person who has complied with the provisions of the Solicitation of Charitable Funds Act, August 9, 1963, P.L. 628, 10 P.S. § 160-1 et seq. (1982),[2] as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania; or

[2] Editor's Note: See now the Solicitation of Funds for Charitable Purposes Act, 10 P.S. § 162.1 et seq.

(8) For taking orders for merchandise, by sample, from dealers or merchants for individuals or companies who pay a license or business privilege tax at their chief place of business.

B. All persons exempted hereby from the payment of the license fee shall be required to register with the Mayor and obtain a license without fee, provided that any person dealing in one or more of the above-mentioned exempted categories, and dealing with other goods, wares, or merchandise not so exempted, shall be subject to the payment of the license fee fixed by this chapter for his activities in connection with the sale of goods, wares, and merchandise not in such exempted categories; provided, further, that the Mayor may similarly exempt from payment of the license fee, but not from registering with him, persons working without compensation and selling goods, wares, or merchandise for the sole benefit of any nonprofit corporation; provided, further, that every license issued under the provisions of 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 him in his name, and the license fee hereby imposed shall be applicable to every such individual license, except that a representative of a charitable organization may obtain licenses for the applicants therein.

§ 216-4 License application.

Every person desiring a license under this chapter shall first make application to the Borough Secretary for such license. He shall, when making such application, exhibit a valid license from any state or county officer, if such license is also required. The applicant shall state:

A. His criminal record, if any;

B. Name and address of the person by whom he is employed;

C. Type of goods, wares, and merchandise he wishes to deal with in such transient retail business;

D. Length of time for which license is to be issued; and

E. Type and license number of the vehicle to be used, if any.

§ 216-5 Issuance of license; custody, display and exhibit.

Upon receipt of such application and the prescribed fee, the Borough Secretary, if he shall find such application in order, shall issue the license required under this chapter. Such license shall contain the information required to be given on the application therefor. Every license holder shall carry such license upon his person if engaged in transient retail business from house to house or upon any of the streets, alleys, sidewalks, or public grounds or shall display such license at the location where he shall engage in such business if doing so at a fixed location. He shall exhibit such license, upon request, to all police officers, municipal officials, and citizens or residents of the Borough of Port Vue.

§ 216-6 Prohibited acts.

No person in any transient retail business shall:

A. Sell any product or type of product not mentioned in his license;

B. Hawk or cry his wares upon any of the streets, alleys, sidewalks, or public grounds in the Borough of Port Vue;

C. When operating from a vehicle, stop or park such vehicle upon any of the streets or alleys in the Borough of Port Vue for longer than necessary in order to sell therefrom to persons residing or working in the immediate vicinity;

D. Park any vehicle upon any of the streets or alleys in the Borough of Port Vue for the purpose of sorting, rearranging, or cleaning any of his goods, wares, or merchandise or of disposing of any carton, wrapping material, or stock, wares or foodstuffs which have become unsalable through handling, age or otherwise;

E. Engage in any business activity, except by prior appointment, at any time on a Sunday or legal holiday or at any time before 10:00 a.m. or after sunset on any day of the week other than a Sunday or legal holiday.

§ 216-7 Supervision; records and reports.

The Mayor shall supervise the activities of all persons holding licenses under this chapter. He shall keep a record of all licenses issued hereunder and shall make a report thereof each month to the Borough Council.

§ 216-8 Suspension and revocation of license; appeals.

The Mayor is hereby authorized to suspend or revoke any license issued under this chapter when he deems such suspension or revocation to be beneficial to the public health, safety, or morals, for violation of any provision of this chapter, or for giving false information upon any application for a license hereunder. Appeals from any suspension or revocation may be made to the Borough Council at any time within 10 days after such suspension or revocation. No part of a license fee shall be refunded to any person whose license shall have been suspended or revoked.

§ 216-9 Violations and penalties.

[Amended 5-30-1990 by Ord. No. 412]

Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 and/or undergo imprisonment for a term not to exceed 90 days. Each day that a violation of this chapter continues shall constitute a separate offense.