[HISTORY: Adopted by the Board of Supervisors of the Township of Allegheny 3-13-1989 (§§ 3.71 to 3.80 of the 1986 Code). Amendments noted where applicable.]
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; his sales are not made from one established spot excepting where they are made in a street or other public place and he makes delivery at the time of the sale. Whether or not he collects funds at the same time is immaterial.
- Any natural person, association, partnership, firm or corporation.
- One who takes orders for future deliveries, or for intangible services, or solicits subscriptions, or solicits signatures, or solicits contributions of money, services or goods in public places or from house to house and not from an established place on private premises, provided that solicitation of funds or orders by telephone is not considered soliciting.
- TRANSIENT MERCHANT
- One who sells commodities from private premises but remains at one place for the purpose of temporary periods only, generally not more than six weeks.
- TRANSIENT RETAIL BUSINESS
- Peddling, soliciting or being engaged as a transient merchant.
No person shall engage in any transient retail business within the Township of Allegheny, Westmoreland County, Pennsylvania, without first obtaining from the Township a license as herein provided for; provided, however, that no license is required by nor shall any license fee be charged to the following:
Any person seeking public office and circulating a nominating petition therefor.
Any person taking orders for merchandise from dealers or merchants for resale by such dealer or merchant.
The seeking or taking of orders pursuant to the invitation of the party from whom an order is sought.
Any religious organization, its agents or employees acting in furtherance of its ministries.
No person shall engage in any transient retail business within the Township of Allegheny, Westmoreland County, Pennsylvania, without first obtaining from the Township a license as herein provided for; provided, however, that no license fee shall be charged to the following:
Any charitable organization, its agents or employees.
Any benevolent organization, its agents or employees.
Any educational organization, its agents or employees.
Any philanthropic organization, its agents or employees.
Any humane organization, its agents or employees.
Any patriotic organization, its agents or employees.
Any political organization, its agents or employees.
Any religious organization, its agents or employees.
Any nonprofit organization, its agents or employees.
Provided, however, that any transient retail business dealing in one or more of the excepted categories and selling other goods, wares, merchandise or services not excepted shall be subject to the licensing requirement and license fee fixed by this chapter for said person's activities in connection with the sale of goods, services or merchandise not in any of the excepted categories.
Provided further, however, that any person or organization soliciting only signatures on a petition shall be required to complete the application procedures for a license but shall not be subject to any license fee or application verification procedures and shall forthwith be issued a license by the Township Manager.
Every license issued under the provisions of this chapter shall be issued on an individual basis to a natural person engaging in a transient retail business as herein defined, provided further that the owner, leader or head of a transient retail business or organization may apply for and receive a license on behalf of his transient retail business or organization and must provide a copy of the license to each agent or employee who shall then be considered a licensee under the terms of this chapter.
Every person desiring a license under this chapter shall first make application to the Allegheny Township Manager for such license and the application shall be on a form provided by the Township Manager. The application shall contain the following information:
Full name of the applicant.
Local address of the applicant, if any.
Permanent address of the applicant.
Name and address of the employer of the applicant.
The nature of the goods, merchandise or services to be offered for sale.
Previous criminal record of applicant, if any.
The period of time for which the license is requested, not to exceed one year.
The year, make, model and license number of any vehicle to be used.
Two passport-size photographs of the applicant or a current and valid driver's license upon which the applicant's photograph appears.
A license fee as set from time to time by resolution of the Board of Supervisors shall accompany the application when submitted to the Township Manager and if in the form of a negotiable instrument shall be made payable to the Township of Allegheny.
[Amended 1-10-2005 by Ord. No. 2-2005]
Upon receipt of the application and the prescribed fee, the Township Manager shall immediately transmit the application to the Township Police Department, which Department shall, within 10 days, take such action as may be necessary to verify the identity and character of the applicant and to verify the statements and information contained in the application.
Upon completion of the Township Police Department investigation, the Township Police Chief, if he is satisfied that the applicant is of good character and that the business of the applicant is as represented in the application, shall endorse his approval upon the application and return the application to the Township Manager forthwith.
Upon completion of the Township Police Department investigation, the Police Chief, if not satisfied that the applicant is of good character and that the applicant's business is as represented in the application, shall endorse his disapproval upon the application and his reasons for disapproval and shall return the application to the Township Manager forthwith.
In the event that the applicant is a person to whom a license under this chapter has been previously issued, the Chairman of the Board of Supervisors or Manager of Allegheny Township may, in writing, waive the Allegheny Township Police Department investigation herein provided for.
The Township Manager, upon receipt of any application from the Township Police Chief, shall immediately notify the applicant of the action of the Township Police Chief and, if the application shall have been approved, the Township Manager shall forthwith issue a license to the applicant.
Each licensee when engaged in a transient retail business shall:
Carry the license upon his person.
Exhibit said license upon request to all police officers, Township officials and citizens.
Sell only the product or service mentioned in his license.
Not use any loudspeaker or horn or any other device for announcing his presence by which the public might be annoyed.
Not place or deposit any refuse upon any of the streets, alleys or public lands of the Township.
Not, when selling from a vehicle, stop or park such vehicle upon any of the streets, alleys or public places of the Township longer than necessary in order to sell therefrom to persons residing in the immediate vicinity.
Leave the premises of any resident when requested to do so by the resident.
Not occupy any fixed location upon any of the streets, alleys, sidewalks or public places in the Township for the purpose of conducting business, with or without a stand or counter.
Not stop or park any vehicle upon any of the streets, alleys or public places of the Township in any manner which would create a traffic hazard.
Any license issued under this chapter may be revoked at any time by the Chief of Police of the Township for violation of any of the provisions of this chapter or for the giving of false information on any application for a license or for the licensee being charged with or convicted of any crime, other than a traffic violation, after the issuance of such license or if the licensee has engaged in a fraudulent transaction or enterprise after the issuance of such license.
Any person aggrieved by the refusal of issuance or revocation of a license may, in writing, within 30 days from the date of such refusal of issuance or revocation, appeal to the Board of Supervisors of Allegheny Township.
Upon receiving an appeal from a revocation, the Board of Supervisors of Allegheny Township shall schedule and hold a hearing on the merits of such refusal of issuance or revocation within 30 days.
Within 30 days of holding of a hearing on the refusal of issuance or revocation appeal, the Board of Supervisors shall issue a written decision either reversing or sustaining the refusal of issuance or revocation. The written decision shall contain all of the reasons for the action of the Board of Supervisors.
Any person aggrieved by the action of the Board of Supervisors may, in writing, within 30 days from the date of such action of the Board of Supervisors, appeal to the Court of Common Pleas of Westmoreland County, Pennsylvania.
Any person who shall violate any of the provisions of this chapter shall, upon summary conviction thereof before a District Magistrate, be sentenced to pay a fine of not more than $600 and costs of prosecution and, in addition thereto, may be sentenced to a term of imprisonment of not more than 90 days.