[HISTORY: Adopted by the Mayor and Council of the City of
Washington as indicated in article histories. Amendments noted where
applicable.]
[Adopted 3-6-1929 by Ord. No. 214 (Ch. 13, Part 6, of the
1986 Code of Ordinances)]
[Amended 10-19-1964 by Ord. No. 925; 5-14-1992 by Ord. No. 1444]
No person shall engage in the business of being a transient
wholesale or retail merchant, vendor or peddler, as hereinafter described,
without first obtaining a license for the same from the City Clerk
in the same manner as provided for procuring other such licenses from
the City. "Transient wholesale or retail merchants," "vendors" or
"peddlers" shall include every person, as hereinafter defined, traveling
in any manner from place to place, carrying, conveying or transporting
any goods, wares, merchandise, meats, fish, vegetables, fruits, farm
products, or provisions, offering and/or exposing the same for sale,
or making sales and delivering such articles to purchasers; or who,
without traveling from place to place, sells, exhibits or offers the
same for sale on a temporary basis from any place or structure within
the City; or who offers for sale, from any place or structure within
the City, such goods or damaged articles, the whole or greater part
of which shall be represented to be from any bankrupt person or entity
or from any assignee, person, firm or corporation about to quit business.
[Amended 10-19-1964 by Ord. No. 925; 5-14-1992 by Ord. No. 1444; 1-11-2007 by Ord. No. 1767]
The license fee to be paid by every person engaged in the business of being a transient wholesale or retail merchant, vendor or peddler, as provided in § 246-1 hereof, shall be $400 annually or $75 monthly, to be renewed annually or monthly at the election of the applicant during the continuance of any such sale.
[Added 10-19-1964 by Ord. No. 925; amended 5-14-1992 by Ord. No.
1444]
As used in this article, the following terms shall have the
meanings indicated:
- PERSON
- Includes the conduct of business by an individual alone, as a partnership, corporation, or any other form of business association or organization, whether by a principal, agent or other representative.
[Amended 11-17-1958 by Ord. No. 747; 4-24-1986 by Ord. No. 1356]
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;[1]
(5)
To the seeking or taking of orders by insurance agents or brokers
licensed under the insurance laws of the Commonwealth of Pennsylvania;
(6)
To any person who has complied with the provisions of the Solicitation
of Funds for Charitable Purposes Act, 10 P.S. § 162.1 et
seq., as hereafter amended, supplemented, modified or reenacted by
the General Assembly of Pennsylvania; or[2]
(7)
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.
But all
persons exempted hereby from the payment of the license fee shall
be required to register with the City Clerk and obtain a license without
fee, provided 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 section for his activities in connection with the sale
of goods, wares, and merchandise not in such exempted categories;
provided, further, the City Clerk 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 article shall
be issued on an individual basis to any person or person 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.
[Added 5-24-1971 by Ord. No. 1094]
If any person obtains a license under the within article on
the basis of any false misrepresentation and uses said license under
false misrepresentation, he shall be guilty of a violation of this
article and shall be subject to the within penalties for said violation
or violations.
[Added 5-24-1971 by Ord. No. 1094]
If any person has committed any false misrepresentation as set forth in § 246-5 herein, in addition to the other penalties prescribed by this article and the law, said license may be revoked by City Council.
[Amended 11-17-1958 by Ord. No. 747; 10-19-1964 by Ord. No. 925; 4-24-1986 by Ord. No. 1356; 5-12-2005 by Ord. No. 1741; 12-7-2006 by Ord. No.
1766]
A.
Any individual, person, firm, corporation or other entity who shall
violate any provision of this article shall, upon being held liable
in any civil proceeding or upon conviction thereof, be sentenced to
pay a penalty, fine or charge of no less than $100 nor more than the
maximum amount permitted by law, but not to exceed $1,000, and in
default of payment or any failure to pay any fine or penalty, upon
a summary or other criminal conviction, shall be sentenced to imprisonment
for a period not to exceed 30 days, or both.
B.
Each day that a violation of this article shall continue shall constitute
a separate offense, subject to the fines, costs, penalties and charges
set forth above for each offense.
C.
Nothing herein shall limit, prevent or preclude the City of Washington
from taking any and all legal action or exercising any other remedy
available to the City by law, including but not limited to the initiation
of civil or criminal proceedings or injunctive relief, in order to
enforce or ensure compliance with this article. As an additional remedy,
the City of Washington may abate any nuisance, dangerous or hazardous
condition by any means permitted by law, which shall include but not
be limited to an action in the Court of Common Pleas of Washington
County, Pennsylvania, for injunctive relief; the use of any City of
Washington personnel, equipment and materials or that of an authorized
agent or contractor hired by the City to remove or abate any nuisance,
dangerous or hazardous condition, and with all costs thereof or related
thereto to be charged against the property owner(s) and/or person
or entity who has violated the article or portion thereof; said costs
shall include all actual costs and expenses, including all costs of
collection and reasonable administrative costs of the City, incurred
in enforcing the provisions of the article.
[Added 5-12-2005 by Ord. No. 1741]
Notwithstanding any other provisions set forth herein, no person,
business or entity of any type or kind whatsoever shall be permitted
to engage in the business of being a transient wholesale or retail
merchant, vendor or peddler, shall sell or display any goods or services
outside of an established place of business registered with the City
of Washington nor permit outside the display, sale, seating of customers,
or otherwise conduct any business activity on the sidewalks or streets
of the City of Washington during the days and hours of operation of
any special occasion, festival or other such event registered with
the City Clerk and approved by the City of Washington. The City Clerk
shall maintain a list of all such special occasions and festivals,
which shall be available for inspection by the public during regular
business hours. Businesses may only display, sell, seat or otherwise
conduct any business activity on the sidewalks of streets during such
periods in which the City has approved a festival or other similar
event, upon complying with all regulations approved by the City with
regard to such events, completing any and all applications, and paying
any and all fees associated with such events.
