Borough of Sewickley, PA Chapter 306 Transient Retail Merchants

[HISTORY: Adopted by the Borough Council of the Borough of Sewickley 9-20-1993 by Ord. No. 1131 (Ch. 13, Part 1, of the 1996 Code of Ordinances). Amendments noted where applicable.]

§ 306-1 Purpose.

[Added 10-21-2002 by Ord. No. 1209]

It is the intent, purpose and scope of this chapter to protect the privacy of the residents of the Borough of Sewickley, to protect the residents of the Borough of Sewickley from undue annoyance, to prevent fraud and to prevent crime.

§ 306-2 Definitions.

[Amended 10-21-2002 by Ord. No. 1209]

A. As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:

LEGAL HOLIDAY

New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas.

PERSON

Any natural person, partnership, association, corporation or other legal entity.

TRANSIENT RETAIL BUSINESS

[Amended 8-18-2008 by Ord. No. 1268]

(1) Engaging in peddling, soliciting or taking orders, either by sample or otherwise, for any goods, wares or merchandise, upon any street, alley, sidewalk or public ground, or from dwelling unit to dwelling unit or building to building within the Borough.

(2) Selling, soliciting or taking orders for any goods, wares or merchandise from a fixed location within the Borough on a temporary basis, which shall include, but not be limited to, such activities conducted at the time of special occasions or celebrations, for seasonal purposes, or for yearly holidays.

(3) Canvassing by means of the practice of going from dwelling unit to dwelling unit or building to building to conduct surveys for research purposes (other than those conducted by an agency of the state or federal government), to make analyses, to take opinion polls, to compile rating data and to conduct any similar work which, by its nature, involves door-to-door or place-to-place activity, including the obtaining of contributions or donations for any person or organization, except for soliciting or obtaining contributions or donations for religious, political or other causes.

(4) Going from dwelling unit to dwelling unit or building to building to advocate or advance any religious, political or other causes and/or to solicit contributions or donations for any such religious, political or other causes.

B. The singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and the neuter.

§ 306-3 License required; conditions of issuance; fee.

[Amended 10-21-2002 by Ord. No. 1209]

No person shall engage in any transient retail business within the Borough without first having obtained from the Chief of Police a license, for which a fee established pursuant to a resolution of the Borough, which shall be for the use of the Borough, shall be charged; except that organizations and/or persons conducting street fairs, parades or similar gatherings pursuant to permits issued by the Borough for the use of the Borough streets under Chapter 318, Article I, § 318-7, shall be exempt from the requirements of this chapter. Persons described by subsection (4) of the definition of "transient retail business" contained in this chapter and children under the age of 18 years who take orders for and deliver newspapers, greeting cards, candy, bakery products and the like shall be exempt from the licensing requirements of this chapter and shall be subject only to the requirements of § 306-7D, E, G and H.

§ 306-4 Exceptions.

[Amended 10-21-2002 by Ord. No. 1209]

A. No license fee shall be charged:

(1) To farmers selling their own produce.

(2) To any persons who has complied with the provisions of the Solicitation of Charitable Funds Act, August 9, 1963, P.L. 628, 10 P.S. § 160-1 et seq., as hereafter amended, supplemented, modified and reenacted by the General Assembly of Pennsylvania.[1]

[1] Editor's Note: See now 10 P.S. § 162.1 et seq., "Solicitation of Funds for Charitable Purposes Act."

(3) To persons working without compensation and selling goods, wares or merchandise for the sole benefit of any nonprofit corporation.

(4) To persons described by subsection (3) of the definition of "transient retail business" in § 306-2A in this chapter.

B. All persons exempted from the payment of the license fee shall be required to register with the Police Chief and obtain a license without fee, provided that 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.

C. Provided, further, that every license issued under the provisions of this chapter shall be issued on an individual basis to any person or persons 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.

§ 306-5 License application.

Every person desiring a license under this chapter shall first make application to the Police Chief for such license. He shall, when making such application, exhibit a valid license from any state or county officer, if such license is also required. The applicant shall state:

A. His name, age, sex, home address and telephone number.

B. His criminal record, if any.

C. Name and address of the person by whom he is employed.

D. Business address, either his or her employer, and telephone number.

E. Type of goods, wares and merchandise he wishes to deal with in such transient retail business.

F. Length of time for which license is to be issued.

G. Make, type and license number of the vehicle to be issued.

H. Two recent photographs of the applicant, showing the applicant's face and shoulders in a clear and recognizable manner.

§ 306-6 Issuance of license; custody, display and exhibit.

Upon receipt of such application and the prescribed fee, the Chief of Police, if he shall find such application in order, shall issue the license required under this chapter. Such license shall be issued for the number of days requested, if approved by the Chief of Police. The license shall indicate the name of the applicant and the dates for which the license is approved. Every license holder shall carry such license upon his person if engaged in transient retail business from house to house or upon any of the streets, alleys, sidewalks or public grounds, or shall display such license at the location where he shall engage in such business if doing so at a fixed location. He shall exhibit such license, upon request, to all police officers, municipal officials and citizens or residents of the Borough.

§ 306-7 Prohibited acts.

[Amended 10-21-2002 by Ord. No. 1209]

No person in any transient retail business shall:

A. Sell any product or type of product not mentioned in his license.

B. Hawk or cry his wares upon any of the streets, alleys, sidewalks or public grounds in the Borough.

C. When operating from a vehicle, stop or park such vehicle upon any of the streets or alleys in the Borough for longer than necessary in order to sell therefrom to persons residing or working in the immediate vicinity, except as part of an organized fair or festival.

D. Engage in any business activity, except by prior appointment, at any time before 9:00 a.m. or after 8:00 p.m. on any day of the week unless as part of any organized fair or festival.

[Amended 8-14-2018 by Ord. No. 1360]

E. Carry on transient retail business activities at a private residence or business premises exhibiting a sign reading "no solicitors" or words of similar meaning. A sign reading "no solicitors" or similar sign, not to exceed 100 square inches in size, may be placed on residential or business premises and for the purpose of this chapter shall be conspicuously displayed near the entrance or doorway.

F. Carry on transient retail business activities at a private residence or business premises on the "list of residences requesting no solicitation" ("no soliciting list") as supplied by the Borough to any license holder.

G. Refuse to leave the premises when asked to do so by the occupant of the premises.

H. Conduct activities in an unlawful, fraudulent or criminal manner or so as to constitute a breach of the peace.

§ 306-8 Supervision; records and reports.

A. The Chief of Police shall supervise the activities of all persons holding licenses under this chapter. He shall keep a record of all licenses issued hereunder.

B. The Chief of Police shall maintain a list of the addresses of residents who have stated in writing or by telephone call to the Police Department that they do not wish to be solicited at any time. A copy of such list shall be supplied along with and as part of any transient retail license issued hereunder.

§ 306-9 Denial, suspension and revocation of license; appeal.

A. The Chief of Police is hereby authorized to deny, suspend or revoke any license applied for or issued under this chapter when he finds that such denial, suspension or revocation is supported by any of the following grounds:

(1) It is necessary to protect residents from annoyance or intrusions during hours of rest or to deter or prevent crime or potential crime by a particular license applicant or holder.

(2) Fraud, misrepresentation or false statement contained in the license application.

(3) Fraud, misrepresentation or false statement made in the course of carrying on the activities of a transient retail business.

(4) Any violation of this chapter.

(5) Conducting transient retail business activities in an unlawful manner or so as to constitute a breach of the peace.

(6) Refusing to leave premises when asked to do so by the occupant of the premises.

(7) Conducting transient retail business activities at residential premises posted with a "no solicitors" or similar sign or at residential premises identified on the Borough's "no soliciting" list accompanying the issuance of a license hereunder.

B. License denials, suspensions or revocations shall be in writing, state the grounds therefor, and advise of the opportunity to file an appeal therefrom with the Borough Council within 10 days from the date of the denial, suspension or revocation. Appeals from any denial, suspension or revocation of a license may be made to the Borough Council at any time within 10 days after such suspension, revocation or denial, and a hearing shall be held within 30 days of the filing of such appeal. No part of a license fee shall be refunded to any person whose license shall have been suspended or revoked.

§ 306-10 Violations and penalties.

[Amended 2-19-1996 by Ord. No. 1159]

Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this chapter continues shall constitute a separate offense.