[Adopted 6-14-1979 by Ord. No. 800 (Ch. 13, Part 5, of the
1989 Code)]
It shall be unlawful for a transient merchant, itinerant merchant
or itinerant vendor, as defined in § 220-2, to engage in
such business within the Borough of Wilmerding without first obtaining
a license therefor in compliance with the provisions of this article.
For the purpose of this article, the following terms shall have
the meanings indicated:
Any person, firm or corporation, but not local nonprofit
organizations, whether as owner, agent, consignee or employee, whether
a resident of the Borough of Wilmerding or not, who engages in a temporary
business of selling and delivering goods, wares and merchandise within
the limits of the Borough of Wilmerding, and who, in furtherance of
such purpose, hires, leases, uses or occupies any building, structure,
motor vehicle, tent, railroad box car, or boat, public room in hotels,
lodging houses, apartments, shops, or any street, alley, or other
place within the Borough, for the exhibition and sale of such goods,
wares and merchandise, either privately or at public auction provided
that such definition shall not be construed to include any person,
firm, or corporation who, while occupying such temporary location,
does not sell from stock, but exhibits samples only for the purpose
of securing orders for future delivery. The person, firm, or corporation
so engaged shall not be relieved from complying with the provisions
of this article merely by reason of associating temporarily with any
local dealer, trader, merchant or auctioneer, or by conducting such
transient business in connection with, as a part of, or in the name
of any local dealer, trader, merchant or auctioneer.
Applicants for a license under this article, whether a person,
firm or corporation, shall file a written sworn application signed
by the applicant or any individual, by all partners if a partnership,
and by the president if a corporation, with the Borough Secretary,
showing:
A.
The name or names of the person or persons having the management
or supervision of the applicant's business during the time that
it is proposed that it will be carried on in the Borough of Wilmerding;
the local address or addresses of such person or persons while engaged
in such business; the permanent address or addresses of such person
or persons; the capacity in which such person or persons will act
(that is, whether as a proprietor, agent or otherwise); the name and
address of the person, firm or corporation for whose account the business
will be carried on, if any; and if a corporation, under the laws of
what state the same is incorporated;
B.
The place or places in the Borough of Wilmerding where it is proposed
to carry on the applicant's business, and the length of time
during which it is proposed that said business shall be conducted;
C.
The place or places, other than the permanent place of business of
the applicant, where the applicant within the six months next preceding
the date of said application conducted a transient business, stating
the nature thereof and giving the post office and street address of
any building or office in which such business was conducted;
D.
A statement of the nature, character and quality of the goods, wares
or merchandise to be sold or offered for sale by the applicant in
the Borough of Wilmerding, the invoice value and quality of such goods,
wares and merchandise, whether the same are proposed to be sold from
stock in possession or from stock in possession and by sample, at
auction, by direct sale or by direct sale and by taking orders for
future delivery; where the goods or property proposed to be sold are
manufactured or produced and where such goods or products are located
at the time said application is filed;
E.
A brief statement of the nature and character of the advertising
done or proposed to be done in order to attract customers and, if
required by the Borough Secretary, copies of all said advertising
whether by handbills, circular, newspaper advertising, or otherwise,
shall be attached to said application as exhibits thereto;
F.
Whether or not the person or persons having the management or supervision
of the applicant's business have been convicted of a crime, misdemeanor
or violation of any municipal ordinance, the nature of such offense
and the punishment assessed therefor;
G.
Such other reasonable information as to the identity or character
of the person or persons having the management or supervision of the
applicant's business or the method or plan of doing such business
as the Borough Secretary may deem proper to fulfill the purpose of
this article in the protection of the public good.
Upon receipt of such application, the Borough Secretary through
the Chief of Police shall cause such investigation of such person's
business responsibility or moral character to be made as he deems
necessary to protect the public good. If as a result of such investigation
the applicant's character and business responsibility are found
to be unsatisfactory, the application shall be denied. If as a result
of investigation the character and business reputation appear to be
satisfactory, the Borough Secretary shall so certify in writing, and
a license shall be issued by the Borough Secretary. The Borough Secretary
shall keep a record in his office of all licenses issued. Such license
shall contain the date of issuance, the nature of the business authorized
to be carried on, the amount of the license fee paid, the expiration
date of said license, and the names of persons authorized to carry
the same.
A.
Licensees under this article shall pay a fee based upon the gross
amount of sales by such persons and shall be at the rate of 5% of
gross sales.
B.
Every person conducting a business licensed under this article shall,
on the first business day of each week, and upon discontinuance of
business in the Borough of Wilmerding, present to the Borough Secretary
at his office a verified statement showing the total sales made during
the preceding week and shall pay to the Borough Secretary the amount
of license fee hereinbefore provided for sales made during the previous
week. The Borough Secretary and any other officer designated by him
shall have power and authority to enter any store, building or any
other place in which temporary business may be conducted at any time
during business hours for ascertaining the amount of sales made and
shall at all times have access to the books of such business.
C.
In addition to the license fee of 5% of gross sales per week, a flat
fifty-dollar license fee shall be assessed to each licensee under
this article at the time he initially applies for a license under
this article and at any time thereafter when he applies for a renewal
of that license.
No license shall be transferred without written consent from
the Borough Secretary as evidenced by an endorsement on the face of
the license by the Borough Secretary showing to whom the license is
transferred and the date of the transfer.
No licensee under this article, nor anyone in his behalf, shall
shout, make any outcry, blow a horn, ring a bell or use any other
sound device, including any loud-speaking radio or amplifying system
upon any of the streets, alleys, parks or other public places of the
Borough of Wilmerding or upon any private premises in the said Borough
where sound of sufficient volume is emitted or produced therefrom
capable of being plainly heard upon the streets, avenues, alleys or
parks or other public places for the purpose of attracting attention
to any goods, wares or merchandise which such licensee proposes to
sell.
It shall be the duty of police officers of the Borough of Wilmerding
to examine all places of business and persons in their respective
territories subjects to provisions of this article to determine if
this article has been complied with and to enforce the provisions
of this article against any person found to be violating the same.
The Borough Secretary shall deposit the records of the licensee
and any complaint reported to him pertaining to a licensee and any
conviction for violation of this article by any licensee in his office.
A.
The permits and licenses issued pursuant to this article may be revoked
by the Council of the Borough of Wilmerding, after notice and hearing,
for any of the following causes:
(1)
Any fraud, misrepresentation or false statement contained in the
application for a license;
(2)
Any fraud, misrepresentation or false statement made in connection
with the selling of goods, wares or merchandise;
(3)
Any violation of this article;
(4)
Conviction of the licensee of any felony or of a misdemeanor involving
moral turpitude; or
(5)
Conducting the business licensed under this article 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 hearing for revocation of license shall be given in writing,
setting forth specifically the grounds of the complaint and the time
and place of the hearing. Such notice shall be mailed, postage prepaid,
to the licensee at his last known address at least five days prior
to the date set for the hearing.
Any person aggrieved by the decision of the Borough Secretary
in regard to the denial of an application for license as provided
for in § 220-4 or in connection with the revocation of a
license as provided for in § 220-10 shall have the right
to appeal to the Council of the Borough of Wilmerding. Such appeal
shall be taken by filing with the Council, within 14 days after notice
of the decision by the Borough Secretary has been mailed to such person's
last known address, a written statement setting forth the grounds
for the appeal. The Council shall set the time and the place for the
hearing on such appeal, and notice of such hearing shall be given
to such person in the same manner as provided in § 220-10
for notice of hearing on revocation. The order of the Council on such
appeal shall be final.
All licenses issued under the provisions of this article shall
expire 120 days after the date of issuance thereof unless a prior
date is fixed therein.
[Amended 11-14-1989 by Ord. No. 899]
Any person, firm or corporation who shall violate any provision
of this article shall, upon conviction thereof, be sentenced to pay
a fine of not more than $600 and costs or, in default of payment thereof,
shall be subject to imprisonment for a term not to exceed 30 days.
