[Ord. No. 551, 11/10/2020[1]]
As used in this Subpart A, the following terms shall have the
meanings indicated:
The Council of the Borough of Rankin.
The Secretary of the Borough of Rankin.
The act of selling or offering for sale goods, wares, food,
services, information or merchandise for immediate delivery and which
the person selling or offering carries with them by going from home
to home or place to place whether on foot or in a vehicle.
Any natural person, association, partnership, corporation,
or other organization.
The act of seeking, taking, requesting or otherwise attempting
to obtain contract, order or receive money for goods, wares, services
or merchandise for future delivery, or subscriptions or contributions
of any kind by going from house to house or from place to place whether
by vehicle or by foot.
[1]
Editor's Note: This ordinance also repealed former Part 1,
Transient Retail Business Licenses, adopted by Ord. 249, 12/9/1982.
[Ord. No. 551, 11/10/2020]
1.
The practices of peddling and soliciting within the Borough of Rankin,
without first obtaining a license as set forth herein, are hereby
declared to be unlawful.
2.
The following persons are exempt from the definition of peddling
and soliciting unless such persons are also selling other goods, wares
and merchandise not excepted:
A.
Persons campaigning for political or local office;
B.
Persons engaged in religious activities or handing out of religious
materials;
C.
Newspaper carriers along their normal and regular delivery routes;
D.
Persons who, for no value received, engage in peddling or solicitation
on behalf of any publicly recognized religious, educational, civic
or charitable organization;
E.
Persons selling goods, wares and merchandise if the proceeds of the
sale are to be applied to any charitable or philanthropic purpose;
F.
Children under the age of 18 years who take orders for and deliver
goods in relation to fundraising for any athletic, extracurricular
or school activity; or
G.
Persons who have received approval from the Borough Council for special
circumstances or events not provided for herein.
[Ord. No. 551, 11/10/2020]
Any person who wishes to engage in peddling or solicitation
must first obtain a license as set forth hereafter, and must possess
and display or exhibit said license at all times while engaged in
peddling or soliciting.
[Ord. No. 551, 11/10/2020]
1.
All licenses required by this Subpart A shall be applied for and
issued by the Office of the Borough Secretary. The Borough Secretary
is hereby empowered and charged with the duty of creating, accepting
and reviewing all applications for licenses and for promptly issuing
licenses upon payment of the fees as provided in this Subpart A.
2.
Every person desiring to obtain a license for the purpose of engaging
in soliciting or peddling shall first make application to the Borough
Secretary for the appropriate license. The application shall be upon
a form provided by the Borough Secretary and shall contain at least
the following information, which shall be verified by oath or affirmation:
A.
Full name of the applicant;
B.
Permanent address and local address, if any.
C.
Name of employer or a statement that such applicant is self-employed.
D.
The nature of the goods, wares, services or merchandise offered for
sale.
E.
A statement as to whether or not the applicant, or any person who
will be engaging in any activity within the Borough of Rankin, has
ever been convicted of any non-traffic-related offense or any crime
where the minimum punishment could have been in excess of one year
in jail, and if the answer is in the affirmative, the nature of the
offense or offenses and the punishment or punishments imposed.
F.
The type and license number of any vehicles to be used.
G.
The applicant shall furnish a photograph via a copy of official identification,
i.e., driver's license or state-issued i.d., of each person who will
be engaging in any activity within the Borough of Rankin.
3.
The Borough Secretary has the power and authority to refuse to issue
a license due to the submission of an incomplete application, due
to incomplete documentation being provided by the applicant or failure
to comply with the requirements set forth under this Subpart A.
4.
No application for a license under this Subpart A shall be granted
for any activity requiring a permit or other approval by any authority
of the County of Allegheny or Commonwealth of Pennsylvania unless
the permit or other approval has been issued to the applicant prior
to the submission of the application to the Borough.
5.
All applications received by the Borough Secretary shall be submitted
to and reviewed by the Borough Police Department. In the event that
such review indicates that the granting of a license would or might
be injurious to the public interest or to the public health, safety,
or welfare, the Borough Secretary shall have the power and authority
to refuse to issue such license. In any instance where the Chief of
Police or his designee should deem it necessary or advisable to secure
a background check, at the applicant's expense, refusal of the applicant
to voluntarily furnish such background check shall constitute, in
and of itself, sufficient and valid grounds for refusal to issue such
license.
6.
For an approved applicant, the Borough Secretary will issue a license
to the applicant within 10 business days from the filing of the application,
including other such documents that may be required at the time of
submission.
[Ord. No. 551, 11/10/2020]
The fee(s) which must be paid prior to issuance of a license
for peddling or soliciting shall be set by the Borough of Rankin Council
by resolution and listed on the Borough's fee schedule, as amended
from time to time, a copy of which can be obtained from the Borough
Secretary.
[Ord. No. 551, 11/10/2020]
1.
Every person granted a license under this Subpart A and/or any agents
of the licensee must possess, and display or exhibit said license
at all times while engaged in peddling or soliciting.
2.
No person licensed as a solicitor or peddler under this Subpart A
shall knock at the door, ring the doorbell, or enter onto the property
of or enter any neighborhood, apartment building or dwelling unit
upon which is affixed notice that "no solicitation permitted" or similar
language prohibiting peddling or solicitation, unless such person
is or has been invited upon the premises by the owner, licensee or
occupant thereof.
3.
No person licensed as a solicitor or peddler under this Subpart A
shall occupy any fixed location upon any of the streets, highways,
alleys or sidewalks of the Borough for the purpose of soliciting or
peddling with or without any stand or counter.
4.
The licensee shall not act under any false pretense or misrepresentation
and shall not represent the license to be an endorsement of any kind
by the Borough or its officers.
[Ord. No. 551, 11/10/2020]
A license granted pursuant to this Subpart A shall be valid
until the expiration date indicated thereon and such expiration date
shall be determined at the time of issuance. Upon the expiration of
any license, if the person holding the same desires to continue or
renew the license, they shall be required to file a new application
and pay any applicable fee.
[Ord. No. 551, 11/10/2020]
No licensee under this Subpart A shall engage in solicitation
or peddling at any time on Sunday, on federally recognized holidays,
or upon any other day of the week between the hours of 6:00 p.m. through
9:00 a.m.
[Ord. No. 551, 11/10/2020]
Upon good cause shown, the Borough Secretary and/or Police Department
shall have the power and authority to suspend or revoke any license
issued under this Subpart A at any time with notice verbally or in
writing to the holder. No part of a license fee shall be refunded
to any person whose license has been suspended or revoked. Appeals
from any suspension or revocation may be made in writing within 10
days after such suspension by requesting a hearing in front of the
Borough Council.
[Ord. No. 551, 11/10/2020]
In addition to the penalty of suspension or revocation of a
license as provided above, any person who violates any provision of
this Subpart A, including peddling or soliciting without a license,
upon conviction thereof, shall be sentenced to pay a fine of not more
than $500 plus costs and, in default of payment of said fines and
costs, to a term of imprisonment not to exceed 30 days. Each day that
a violation continues shall constitute a new and separate offense.
[Ord. No. 551, 11/10/2020]
If any portion of this Subpart A is for any reason found to
be unconstitutional, illegal or invalid, such portion of the Subpart
A shall not affect or impair any of the remainder of this Subpart
A not specifically deemed unconstitutional, illegal or invalid.
