[Adopted 6-14-1979 by Ord. No. 802 (Ch. 13, Part 2, of the
1989 Code)]
It shall be unlawful for any person to engage in the business
of a peddler, as defined in § 220-27, within the Borough
limits of Wilmerding without first obtaining a permit and license
therefor as provided herein.
As used in this article, the following terms shall have the
meanings indicated:
Includes any person, whether a resident of the Borough of
Wilmerding or not, travelling by foot, automotive vehicle, or any
other type of conveyance from place to place, from house to house,
or from street to street, carrying, conveying or transporting goods,
wares, merchandise, meats, fish, vegetables, fruits, garden truck,
farm products or provisions, offering and exposing the same for sale,
or making sales and delivering articles to purchasers, or who, without
travelling from place to place, shall sell or offer the same for sale
from an automotive vehicle, railroad car or other vehicle or conveyance;
and further provided that one who solicits orders and as a separate
transaction makes deliveries to purchasers as a part of a scheme or
design to evade the provisions of this article shall be deemed a "peddler"
subject to the provisions of this article. The word "peddler" shall
include the words "hawker" and "huckster."
Includes the singular and plural and shall also mean and
include any person, firm or corporation, association, club, copartnership
or society, or any other organization. No local nonprofit organization
shall be interpreted as included under this article.
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)
Address (legal and local);
(3)
A brief description of the nature of the business and the goods to
be sold and, in the case of products of farm or orchard, whether produced
or grown by the applicant;
(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)
If a vehicle is to be used, a description of the same, together with
license number; 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 the filing of this application, a fee of $10 shall
be paid to the Borough Secretary to cover the cost of investigation.
A.
Upon receipt of such application, the original shall be referred
to the Chief of Police, who shall cause such 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 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 his
reasons for the same and return the said application to the Borough
Secretary, who shall have the final decisionmaking authority and who
may notify the applicant that his application is disapproved and that
no permit and license will be issued.
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 for final approval, who may then execute
a permit addressed to the applicant for the carrying on of the business
applied for and who shall, upon payment of the prescribed license
fee, deliver to the applicant his permit and issue a license. The
Borough Secretary shall keep a permanent record of all licenses issued
and all fees paid.
A.
Computation of:
(1)
Twenty dollars per week for each person proposing to peddle;
(2)
Seventy-five dollars per month for each person proposing to peddle;
and
(3)
Eight hundred fifty dollars per year for each person proposing to
peddle.
(4)
No fee shall be required for one selling products of the farm or
orchard actually produced by the seller.
B.
Basis of fees. For the purpose of this article, any period of seven
calendar days or less shall be considered one week; any period of
more than seven calendar days and not more than 30 calendar days shall
be considered one month; any period of more than 30 calendar days
and not more than one calendar year shall be treated as a year.
The Borough Secretary shall issue to each licensee at the time
of payment his license, which shall bear the words "licensed peddler."
The license shall also contain a notation of the period for which
the license is issued.
No license issued under the provisions of this article shall
be used at any time by any person other than the one to whom it was
issued.
No peddler, nor any person in his behalf, shall shout, make
an outcry, blow a horn, ring a bell or use any sound device, including
any loud-speaking radio or other sound-amplifying system, upon any
of the streets, alleys, parks or other public places of said Borough
or upon any private premises in the said Borough where sound of sufficient
volume is emitted or produced therefrom to be capable of being heard
plainly upon the streets, avenues, alleys, parks or other public places
for the purpose of attracting attention to any goods, wares or merchandise
which such licensee proposes to sell.
No peddler shall have any exclusive rights to any location in
the public streets, nor shall he be permitted a stationary location,
nor shall he be permitted to operate in any congested area where his
operations might impede or inconvenience the public. For the purpose
of this article, the judgment of a police officer, exercised in good
faith, shall be deemed conclusive as to whether the area is congested
or the public impeded or inconvenienced.
Peddlers 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 peddling, and who is not known
by such police officer to be duly licensed, to produce his peddler's
license and to enforce the provisions of this article against any
person found to be in violation of 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 violations therein.
A.
All permits and licenses issued under the provisions of this article
may be revoked by the Borough of Wilmerding, after notice and hearing,
for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained in the application
for licenses;
(2)
Fraud, misrepresentation or false statement made in the course of
carrying on his business as a peddler;
(3)
Any violation of this article;
(4)
Conviction of any crime or misdemeanor involving moral turpitude;
or
(5)
Conducting the business of peddling 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 the 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
the Borough Secretary in the denial of an application for permit or
license as provided in § 220-29 or in the decision with
reference to the revocation of a license as provided in § 220-38
shall have the right of appeal to the Borough 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 known address, a written statement setting
forth fully the grounds for the appeal. The Council shall set a time
and 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
§ 220-38 for notice of hearing on revocation. The decision
and order of Council on such appeal shall be final and conclusive.
The annual licenses issued under the provisions of this article
shall expire on the 31st day of December in the year when issued.
Licenses other than annual shall expire on the date specified on 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.
