[HISTORY: Adopted by the City Council of the City of Monessen 9-9-1981
by Ord. No. 8-1981. Amendments noted where applicable.]
A.
PEDDLER
PEDDLING
PERSON
SOLICITING and CANVASSING
SOLICITOR or CANVASSER
TRANSIENT PHOTOGRAPHER
TRANSIENT RETAIL MERCHANT
As used in this chapter, the following words and terms
shall have the meanings hereby ascribed thereto, as follows:
Any person engaging in peddling within the City of Monessen.
Engaging in selling any goods, wares or merchandise, for immediate
delivery, upon any of the streets or sidewalks or from house to house within
the City of Monessen.
Includes any natural person, partnership, association, firm or corporation.
The taking of orders for goods, wares or merchandise, including but
not limited to subscriptions for magazines or other printed matter and the
obtaining of contracts for home and building devices, repairs and improvements
and other services, upon any of the streets or sidewalks or from house to
house within the City of Monessen, by any person without a permanent place
of business in the City of Monessen.
Any person engaging in soliciting and canvassing within the City
of Monessen.
Any peddler, solicitor or canvasser or transient retail merchant
engaging in photography or the taking of orders for photographs within the
City of Monessen.
Any person, whether principal or agent, who shall hire, lease or
occupy any store room, building, vacant lot or other premises in the City
of Monessen, for a period of less than six months for the sale or taking of
orders for of any goods, wares or merchandise.
B.
In this chapter, the singular shall include the plural
and the masculine shall include the feminine and the neuter.
C.
Nothing in this chapter shall be construed to apply to
farmers selling their own produce; to 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; or to any manufacturer or producer in
the sale of bread and bakery products, meat and meat products or milk and
milk products.
[Amended 2-18-1998 by Ord. No. 4-1998]
A.
No person shall engage in peddling, soliciting or canvassing
and no person shall act as a transient retail merchant or transient photographer
in the City of Monessen without first having obtained a license from the City
Clerk. No such license shall be issued until the fee herein prescribed, which
shall be for the use of the city, shall have been paid, as follows:
(1)
Peddlers. The fee shall be for one day, for one week,
for one month, and for one year as set from time to time by resolution of
the City Council. However, the annual fee shall first be set at the sum of
$300.
[Amended 5-23-2007 by Ord. No. 2-2007]
(2)
Solicitors and canvassers. The fee shall be for one day,
for one week, for one month, and for one year as set from time to time by
resolution of the City Council. However, the annual fee shall first be set
at the sum of $300.
[Amended 5-23-2007 by Ord. No. 2-2007]
(3)
Transient retail merchants. The fee shall be for one
day, for one week, for one month, and for one year as set from time to time
by resolution of the City Council. However, the annual fee shall first be
set at the sum of $300.
[Amended 5-23-2007 by Ord. No. 2-2007]
(4)
Transient photographers. Any transient photographer going upon the streets and sidewalks and from house to house shall be deemed a solicitor or canvasser and the license fee shall be the same as that prescribed in Subsection A(2) hereof for solicitors and canvassers. Any transient photographer who shall hire, lease or occupy any storeroom, building, vacant lot or other premises in the city shall be deemed a transient retail merchant, and the license fee shall be the same as that prescribed in Subsection A(3) hereof for transient retail merchants, but if any such transient photographer shall take orders for any photograph to be delivered after he shall have vacated such premises, he shall be deemed a solicitor or canvasser and the license fee shall be the same as that prescribed in Subsection A(2) hereof for solicitors and canvassers.
B.
It shall be unlawful for any person who shall have obtained
a license under this section to continue to engage in peddling, soliciting
or canvassing or to act as a transient retail merchant or transient photographer,
as the case may be, after the expiration of such license, without first having
obtained an extended or new license and having paid the prescribed fee therefor,
depending upon the period of time for which such license shall be desired.
Any person desiring a license under this chapter shall apply, in advance
of the need thereof, at the office of the City Clerk. Following receipt of
such application, the City Clerk may cause an investigation to be made as
a check upon the information presented upon the application, and the City
Clerk need not issue the license until the completion of such investigation.
Such waiting period, however, shall not in any case exceed five days.
Whenever any person shall claim that he intends to become a permanent
retail merchant in the city, who would otherwise be classified as a transient
retail merchant, such person shall be permitted to engage in such business
without payment of the license fee herein prescribed if he shall give bond
to the city, in the sum of $2,000, such bond to be conditioned for the payment
of such license fee in the event that such person fails to become a permanent
retail merchant.
It shall be unlawful for any peddler, solicitor or canvasser or transient
retail merchant to occupy any fixed place upon any of the streets or alleys,
parks or other public places in the city for his activities, whether or not
using a stand, without first obtaining special permission from the City Council.
Such special permission may be granted or denied at the discretion of the
Council and shall be granted only where the Council deems that a special need
exists for the service of such peddler, solicitor or canvasser or transient
retail merchant, at a specific location and at a particular time. Such special
permission shall be granted conditionally and shall specify the location,
the days and hours when it shall be in effect and the duration of such special
permission. The holder of such special permission shall adhere strictly to
the conditions under which the same was granted.
Upon granting a license under this chapter, the City Clerk shall prepare
and issue a license in duplicate, one copy to be retained in the files of
the City Clerk, the other to be kept by the holder thereof either on his person
or in the vehicle or premises used by him in the course of the activity authorized
by such license. Every holder of a license under this chapter shall exhibit
his copy of such license, upon request, to any officer, employee or citizen
requesting to see the same.
[Amended 5-23-2007 by Ord. No. 2-2007]
No person licensed under this chapter as a peddler, solicitor or canvasser
shall engage in any of the activities to which such license applies at any
place within the City of Monessen at any time prior to 9:00 a.m.
[Amended 12-18-2002 by Ord. No. 8-2002]
Any person who shall violate or fail to comply with any of the provisions
of this chapter shall, for every such violation or failure to comply, upon
conviction thereof in a summary proceeding before any District Justice having
jurisdiction of such offense, be sentenced to pay a fine of not more than
$1,000 or to undergo imprisonment not exceeding 90 days, or both. Each day
on which a violation or failure to comply with any of the provisions of this
chapter shall occur, shall constitute a separate offense.
