[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:
- 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]
No license fee shall be charged:
To farmers selling their own produce;
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;
To any manufacturer or producer in the sale of bread and bakery products, meat and meat products, or milk and milk products;
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;
To the seeking or taking of orders by insurance agents or brokers licensed under the insurance laws of the Commonwealth of Pennsylvania;
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
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.
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]
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.
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.
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.