[HISTORY: Adopted by the Board of Commissioners
of the Township of Rostraver 9-5-1989 as Part 6, Ch. 2, Art. E, of the 1989 Code. Amendments noted where
applicable.]
It shall be unlawful for any solicitor or canvasser as defined in § 141-2 to engage in that business within the limits of the Township without first obtaining a permit and license therefor in compliance with the provisions of this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
Any individual, including mobile food vendor, whether resident
of the Township of Rostraver or not, traveling either by foot, wagon,
automobile, motor truck or any other type of conveyance from place
to place, from house to house or from street to street, taking or
attempting to take orders for sale of goods, wares and merchandise,
personal property of any nature whatsoever for future delivery, or
for services to be furnished or performed in the future, whether or
not such individual has, carries or exposes for sale a sample of the
subject of such sale or whether he is collecting advance payments
on such sales or not, provided that this definition shall include
any person who, for himself or for another person, firm or corporation,
hires, leases, uses or occupies any building, structure, tent, railroad
box car, boat, hotel room, lodging house, apartment, shop or any other
place within the Township for the sole purpose of exhibiting samples
and taking orders for future delivery.
[Amended 7-7-2021 by Ord. No. 740]
Any business or person which has been inspected, approved
and licensed by the Pennsylvania Department of Agriculture or Allegheny
County Department of Health to sell edible foods to consumers from
a nonpermanent stationary location, such as by and through a mobile
food truck, being a self-contained motorized unit selling items designated
as edible goods, or any other motor vehicle, trailer pulled thereby,
or stand used to sell items defined as edible goods. This definition
shall not include farm or agricultural products made available for
sale during a farmers' market. This definition shall not include ice
cream trucks, being a vehicle selling ice cream, frozen yogurt, frozen
custard, Italian ice or similar products so long as the vehicle is
not at any stationary location for a period of time in excess of 10
minutes.
[Added 7-7-2021 by Ord. No. 740]
A private party shall be limited to the confines of a residence
or outbuilding on private property, and attendance shall be limited
to invitees of the owners or tenants thereof.
[Added 7-7-2021 by Ord. No. 740]
Any person, firm or corporation, whether principal or agent,
who shall hire, lease or occupy any room, building, vacant lot or
other premises within the Township of Rostraver for a period of less
than six months for the purposes of purchasing or selling or taking
orders for any goods, wares or merchandise.
A.
Applicants for permit and license under this chapter
must file with the Secretary a sworn application in writing (in duplicate)
on a form to be furnished by the Secretary, which shall give the following
information:
(1)
Name and description of the applicant.
(2)
Permanent home address and full local address of the
applicant. Telephone number, EIN number for the business entity operating
the facility.
[Added 7-7-2021 by Ord. No. 740]
(3)
A brief description of the nature of the business
and the goods to be sold.
(4)
If employed, the name and address of the employer,
together with credentials establishing the exact relationship.
(5)
The length of time for which the right to do business
is desired.
(6)
The place where the goods or property proposed to
be sold, or orders taken for the sale thereof, are manufactured or
produced, where such goods or products are located at the time said
application is filed, and the proposed method of delivery.
(7)
A photograph of the applicant, taken within 60 days
immediately prior to the date of filing of the application, which
picture shall be two inches by two inches showing the head and shoulders
of the applicant in a clear and distinguishing manner.[1]
[1]
Editor's Note: Original Sec. 6-2083(h), requiring
fingerprints and evidence of good character, which immediately followed
this subsection, was deleted 2-23-2000 by Ord. No. 421.
(8)
A statement as to whether or not the applicant has
been convicted of any crime, misdemeanor or violation of any municipal
ordinance, the nature of the offense and the punishment or penalty
assessed therefor.[2]
[2]
Editor's Note: Original Sec. 6-2083(j), requiring
a physician's statement, which immediately followed this subsection,
was deleted 2-23-2000 by Ord. No. 421.
(9)
Proof of valid and current trail food facility license issued by
the Pennsylvania Department of Agriculture.
[Added 7-7-2021 by Ord. No. 740]
(10)
If the location is on private property, the applicant shall
provide the property owner's name, telephone number and address as
well as a copy of the landowner's written consent for the use of their
property by the applicant.
[Added 7-7-2021 by Ord. No. 740]
B.
At the time of filing the application, a fee as set
from time to time by resolution of the Board of Commissioners shall
be paid to the Secretary to cover the cost of investigation of the
facts stated in the application.
A.
Upon receipt of the application, the original shall
be referred to the Chief of Police, who shall cause such investigation
of the applicant's business and moral character to be made as he deems
necessary for the protection of the public good.
B.
If, as a result of such investigation, the applicant's
character or business responsibility is found to be unsatisfactory,
the Chief of Police shall endorse on the application his disapproval
and his reasons for the same and shall return the application to the
Secretary, who shall notify the applicant that his application is
disapproved and that no permit and license will be issued.
C.
If, as a result of such investigation, the character
and business responsibility of the applicant are found to be satisfactory,
the Chief of Police shall endorse on the application his approval,
execute a permit addressed to the applicant for the carrying on of
the business applied for and return the permit, along with the application,
to the Secretary, who shall, upon payment of the prescribed license
fee, deliver to the applicant his permit and issue a license. That
license shall contain the signature and seal of the issuing officer
and shall show the name, address and photograph of the licensee, the
class of license issued and the kind of goods to be sold under the
license, the amount of fee paid, the date of issuance and the length
of time the same shall be operative, as well as the license number
and other identifying description of any vehicle used in such soliciting
or canvassing. The Secretary shall keep a permanent record of all
licenses issued.
A.
The license fee which shall be charged by the Secretary
for the license shall be an amount as set from time to time by resolution
of the Board of Commissioners per day, per week, per month or per
year. Nonprofit corporations, as the same are defined by the law of
the commonwealth, shall pay a license fee of an amount as set from
time to time by resolution of the Board of Commissioners per day,
per week, per month or per year.
B.
The annual fees herein provided shall be assessed
on a calendar-year basis, and on or after July 1, the amount of such
fee for annual license shall be 1/2 the amount stipulated above for
the remainder of the year.
C.
None of the license fees provided for by this section shall be so applied as to occasion an undue burden upon interstate commerce. In any case where a license fee is believed by a licensee or applicant for license to place an undue burden upon such commerce, he may apply to the Township for an adjustment of the fee so that it shall not be discriminatory, unreasonable or unfair as to such commerce. Such application may be made before, at or within six months after payment of the prescribed license fee. The applicant shall, by affidavit and supporting testimony, show his method of business and the gross volume or estimated gross volume of business and such other information as the Township may deem necessary in order to determine the extent, if any, of such undue burden on such commerce. The Board of Commissioners shall then conduct an investigation comparing the applicant's business with other businesses of like nature and shall make findings of fact from which it shall determine whether the fee fixed by this chapter is unfair, unreasonable or discriminatory as to the applicant's business and shall fix as the license fee for the applicant an amount that is fair, reasonable and nondiscriminatory or, if the fee has already been paid, shall order a refund of the amount over and above the fee so fixed. In fixing the fee to be charged, the Board of Commissioners shall have the power to base the fee upon a percentage of gross sales or any other method which will assure that the fee assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the fees as prescribed by Subsection A of this section. Should the Board of Commissioners determine the gross sales measure of the fee to be the fair basis, it may require the applicant to submit, either at the time of termination of applicant's business in the Township or at the end of each three-month period, a sworn statement of the gross sales and pay the amount of fee therefor, provided that no additional fee during any one calendar year shall be required after the licensee shall have been paid an amount equal to the annual license as prescribed in Subsection A of this section.
D.
Nonprofit organizations located in Rostraver Township and community
events are exempt from paying fees for soliciting. canvassing, mobile
food vendors and transient retail merchants.
[Added 7-7-2021 by Ord. No. 740]
A.
Every applicant,
not a resident of the Township, or who, being a resident of the Township,
represents a firm whose principal place of business is located outside
the State of Pennsylvania, shall file with the Secretary a surety
bond, running to the Township in the amount of $1,000 with surety
acceptable to and approved by the Board of Commissioners, conditioned
that the applicant shall comply fully with all the provisions of the
ordinances of the Township and the statutes of the State of Pennsylvania
regulating and concerning the business of solicitor and guaranteeing
to any citizen of the Township that all money paid as a down payment
will be accounted for and applied according to the representations
of the solicitor and further guaranteeing to any citizen of the Township
doing business with that solicitor that the property purchased will
be delivered according to the presentations of that solicitor. Action
on such bond may be brought in the name of the Township to the use
or benefit of the aggrieved person.
B.
In addition
to such bond, every applicant except approved nonprofits, whether
resident or nonresident, must furnish to the Township a certificate
evidencing a comprehensive general liability policy covering personal
injury and property damage naming the Township as an additional insured
thereon. The amount of such coverage shall be no less than $1,000,000
for personal injury and $1,000,000 for property damage.
[Added 9-2-2009 by Ord.
No. 592; amended 7-5-2012 by Ord. No. 628]
A.
Solicitors
and canvassers are required to exhibit their licenses at the request
of any citizen.
B.
Each solicitor
and canvasser except approved nonprofits must furnish to the Township
a tax identification number as issued by the Internal Revenue Service.
[Added 9-2-2009 by Ord.
No. 592]
C.
An acknowledgment
that the business is subject to the Rostraver Township business privilege
tax.
[Added 7-7-2021 by Ord. No. 740]
The Secretary shall issue to each licensee at
the time of delivery of his license a badge which shall contain the
words "Licensed Solicitor," the period for which the license is issued
and the number of the license, in letters and figures easily discernible
from a distance of 10 feet. The badge shall, during the time that
licensee is engaged in soliciting, be worn constantly by the licensee
on the front of his outer garment in such a way as to be conspicuous.
[Added 9-7-1993 by Ord. No. 273]
A.
Cleanup requirements. Each transient retail merchant
and mobile food vendor selling food or drink ready to consume must
provide a sufficient litter receptacle for customer use. Each transient
retail merchant and mobile food vendor must keep the area within a
fifty-foot radius of any truck, wagon, cart, stand, tent or vending
station used by such merchant reasonably clean of all litter and trash
that originates from the goods, drink and/or food sold by the transient
retail merchant, such as wrappers, sacks, cups, napkins and the like.
Each transient retail merchant shall pay for a commercial garbage
service account at not less than the minimum per month.
[Amended 7-7-2021 by Ord. No. 740]
C.
Applicable permits required. No license shall be issued
to a transient retail merchant and mobile food vendor except upon
proof that the applicant has all valid licenses or permits required
by any authority having jurisdiction over the conduct of the business
to be conducted by the applicant. Further, all such required licenses
or permits shall be kept current as a condition of maintaining the
Township licenses.
[Amended 7-7-2021 by Ord. No. 740]
D.
Unlawful transactions. There shall be no peddling
or hawking of any stolen property. Food vendors shall comply with
all applicable food handling and health regulations.
E.
Exceptions. The provisions of this section shall not
apply to any farmer or his agent or employee who sells fruits, vegetables
or other edible farm produce grown by such farmer within Rostraver
Township, Westmoreland County, or to any nonprofit or charitable organizations
located in Rostraver Township where the income from the peddling entirely
benefits such nonprofit or charitable organization; provided, however,
that they make application with the Township.
[Added 7-7-2021 by Ord. No. 740]
A.
Location.
(1)
Food trucks are permitted for the sale of food and beverages
between the hours of 6:00 a.m. to 2:00 a.m. in the B-1 Special Business,
B-2 Retail Business, MU Mixed Use, I-1 Light Industrial, I-2 Heavy
Industrial, and I-3 Mixed Industrial-Services Districts.
(2)
In all other zoning districts, food trucks are only permitted
for established nonprofit organizations in Rostrraver Township, community
events, and private parties between the hours of 7:00 a.m. and 7:00
p.m., except that hours may be extended for food trucks serving community
events upon approval of the Township Board of Commissioners.
(3)
Food trucks shall only be located on a lot containing a principal
building(s).
(4)
Written permission from the property owner is required. The
number of food trucks per property is dependent upon the approval
of the property owner.
(5)
The maximum number of days to be permitted in the same location
is 10 consecutive business days or a maximum of 28 business days per
calendar year.
(6)
Food trucks shall not be parked in the public right-of-way or
on the road itself.
(7)
Mobile food vendors, whether on private property, or private
or public parking facilities, may not be located within 500 feet of
an existing eating or drinking establishment.
B.
Operations.
(1)
No audio amplification, including, but not limited to, megaphones
or speaker systems, shall be permitted as part of the food truck vending
operation.
(2)
All food trucks shall provide a waste container for public use
that the operator shall empty at his own expense.
(3)
Food truck vendors must keep all areas within 20 feet of the
food truck clean of grease, trash, paper, cups, or cans associated
with the vending operation; must not drain wastewater, oil, and any
other liquid onto properties, public roadways, or into the stormwater
system; and must remove trash from their locations at the end of each
day to maintain the health and safety of the public.
(4)
A twenty-four-inch-by-thirty-six-inch sandwich board sign is
permitted and shall be contained within five feet of the food truck.
No off-site signs shall be permitted.
C.
Safety.
(1)
The mobile food vendor must have on-site a fire extinguisher
with a 10BC rating and a Class K fire extinguisher. Both must be easily
accessible to vendor staff.
(2)
The mobile food vendor facility shall be in compliance with
the International Fire Code.
(3)
The mobile food vendor facility must have proper electrical
power and improvements maintained and installed as per the International
Electric Code.
It shall be the duty of any police officer of
the Township to require any person seen soliciting or canvassing,
and who is not known by that officer to be duly licensed, to produce
his solicitor's or canvasser's license and to enforce the provisions
of this chapter against any person found to be violating the same.
The Chief of Police shall report to the Secretary
all convictions for violation of this chapter, and the Secretary shall
maintain a record for each license issued and record the reports of
violation therein.
A.
Permits and licenses issued under the provisions of
this chapter may be revoked by the Board of Commissioners, after notice
and hearing, for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained
in the application for license.
(2)
Fraud, misrepresentation or false statement made in
the course of carrying on his business as solicitor or as canvasser.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor involving moral
turpitude.
(5)
Conducting the business of soliciting or of canvassing
in an unlawful manner or in such a manner as to constitute a breach
of the peace or to constitute a menace to the health, safety or general
welfare of the public.
B.
Notice of the hearing for revocation of a license
shall be given in writing, setting forth specifically the grounds
of complaint and the time and place of hearing. The notice shall be
mailed, postage prepaid, to the licensee at his last known address
at least five days prior to the date set for hearing.
Any person aggrieved by the action of the Chief of Police or the Secretary in the denial of a permit or license as provided in § 141-4 or the action of the Board of Commissioners in the assessing of the fee as provided in § 141-5C shall have the right of appeal to the Board of Commissioners. The appeal shall be taken by filing with the Board, within 14 days after notice of the action complained of has been mailed to that person's last known address, a written statement setting forth fully the grounds for the appeal. The Board of Commissioners shall set a time and place for a hearing on the appeal and notice of the hearing shall be given to the appellant in the same manner as provided in § 141-12 for notice of hearing on revocation. The decision and order of the Board of Commissioners on the appeal shall be final and conclusive.
All annual licenses issued under the provisions
of this chapter shall expire on the 31st of December in the year when
issued. Other than annual licenses shall expire on the date specified
in the license.
Any person who violates any provision of this
chapter shall for every such violation, upon conviction, be sentenced
to pay a fine of not less than $50 or more than $600 and costs of
prosecution and, in default of payment of fine and costs, to undergo
imprisonment for not more than 30 days.
