[Adopted 6-14-1979 by Ord. No. 801 (Ch. 13, Part 6, of the
1989 Code)]
It shall be unlawful for any solicitor or canvasser, as defined
in § 220-15, to engage in such business within the Borough
limits of the Borough of Wilmerding without first obtaining a permit
and license therefor in compliance with the provisions of this article.
As used in this article, the following terms shall have the
meanings indicated:
Any individual, whether a resident of the Borough of Wilmerding
or not, travelling either by foot, 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
the 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
such definition shall include any person who, for himself, or for
any other person, firm or corporation, hires, leases, uses or occupies
any building, structure, tent, railroad box car, boat, hotel room,
lodging house, apartment, ship or any other place within the Borough
of Wilmerding for the sole purpose of exhibiting samples and taking
orders for future delivery. This article does not include, local nonprofit
organizations.
A.
Applicants for permit and license under this article must file with
the Borough Secretary a sworn application in writing on a form to
be furnished by the Borough 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;
(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
information 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
to be taken for the sale thereof are manufactured or produced, where
such goods are located at the time said application is filed, and
the proposed method of delivery; and
(7)
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.
B.
At the time of filing of this application, a fee of $10 shall be
paid to the Borough Secretary to cover the cost of investigation of
the facts stated therein.
A.
Upon receipt of such application, the original shall be referred
to the Chief of Police, who shall cause an 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 such application his disapproval and the
reasons for the same and return the application to the Borough Secretary
who shall have final authority to approve or disapprove said application
and who shall notify the applicant that his application is disapproved
and no such permit license will be issued if that decision is made.
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 and forward such application
to the Borough Secretary, who shall have the final authority to finally
approve the application and, if such approval is given, execute a
permit addressed to the applicant for the carrying on of the business
applied for upon the payment of the prescribed license fee. Such license
shall contain the signature of the issuing officer and shall show
the name and address of the licensee, the amount of the fee paid,
the date of issuance, and the length of time the same shall be operative.
The Borough Secretary shall keep a permanent record of all licenses
issued.
A.
The license fee which shall be charged by the Borough for such license
shall be $5 per day, $20 per week, $75 per month or $850 per year.
B.
None of the license fees provided for by this article 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 Borough Council 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 Council may deem necessary in order to determine the extent,
if any, of such undue burden on such commerce. The Borough Council
shall then conduct an investigation, comparing 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 article
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 Borough Council
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 § 220-18A.
Should the Borough Council determine the gross sales measure of the
fee to be the fair basis, Council may require the applicant to submit,
either at the time of termination of applicant's business in
the Borough of Wilmerding or at the end of each three-month period,
a sworn statement of the gross sales and pay the amount of the fee
therefor, provided that no additional fee during any one calendar
year shall be required after the licensee shall have paid an amount
equal to the annual license as prescribed in § 220-18A.
Solicitors and canvassers are required to exhibit their licenses
at the request of any citizen.
It shall be the duty of any police officer of the Borough of
Wilmerding to require any person seen soliciting or canvassing, and
who is not known by such officer to be duly licensed, to produce his
solicitor's or canvasser's license and to enforce the provisions
of this article against any person found to be violating the same.
The Chief of Police shall report to the Borough Secretary all
convictions for violation of this article, and the Borough 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 article
may be revoked by the Borough Council of Wilmerding, after the notice
and hearing, for any of the following reasons:
(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 business as solicitor or as canvasser;
(3)
Any violation of this article;
(4)
Conviction of any crime or misdemeanor involving moral turpitude;
or
(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. 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 hearing.
Any person aggrieved by the action of the Chief of Police or
Borough Secretary in the denial of a permit or license as provided
in § 220-17 or the action of the Borough Council in the
assessing of the fee as provided in § 220-18 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 action complained of has been mailed to such person's
last address, a written statement setting forth fully the grounds
for the appeal. The Council shall set a time and a place for a hearing
on such appeal, and notice of such hearing shall be given to the appellant
in the same manner as provided in § 220-22 for notice of
hearing on revocation. The decision and order of the Council on such
appeal shall be final and conclusive.
All annual licenses issued under the provisions of this article
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.
[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.
