[HISTORY: Adopted by the Council of Latrobe 4-23-1996 by Ord. No.
1996-5. Amendments noted where applicable.]
A.
LICENSEE
PEDDLING
PERSON
SOLICITING
SOLICITOR
TRANSIENT RETAIL MERCHANT
As used in this chapter, the following terms shall
have the meanings indicated:
Any person, including both principal and agent, to whom any
permit or license shall be issued pursuant to the provisions of this
chapter.
The selling or offering for sale of any goods, wares, services
or merchandise for immediate delivery which the person selling or
offering for sale carries with him in traveling or has in his possession
or control upon any of the streets or sidewalks or from house to house
or by visitation to private residences or by entering in or upon private
property within Latrobe.
Any natural person, association, partnership, firm, organization
or corporation.
The seeking or taking of contracts or orders for any goods,
wares, services or merchandise for future delivery or for charitable
subscriptions or contributions of any kind for charitable organizations
or other types of organizations or persons upon any of the streets
or sidewalks or from house to house or by visitation to private residences
or by entering in or upon private property within Latrobe.
Any person engaged in soliciting as defined in this chapter.
Any person, licensed by the Department of Revenue, Sales
Tax Bureau, who shall engage in peddling, canvassing, soliciting or
taking of orders either by sample or otherwise of any goods, wares
or merchandise, including works of art or photography, upon any of
the streets or sidewalks, from house to house, by vehicle, by telephone
or from any storeroom, apartment, dwelling or building whatsoever
or from any other fixed position within Latrobe. The words "transient
retail merchant" and "peddler" shall, in this chapter, be used synonymously.
B.
The singular shall include the plural, and the masculine
shall include the feminine and the neuter.
A.
No person shall engage in peddling or soliciting in
Latrobe without first having taken out a license. Every such person
desiring to engage in peddling or soliciting in Latrobe shall first
make application to the office of the City Manager of Latrobe for
a license. The application shall be upon a form provided by the Office
of the City Manager of Latrobe and shall contain at least the following
information verified by oath or affirmation.
[Amended 4-10-2000 by Ord. No. 2000-7]
(1)
The full name of the applicant and local address,
if any.
(2)
The permanent address of the applicant.
(3)
The name of the business or organization represented
by the applicant or a statement that such applicant is self-employed.
(4)
The nature of the goods, wares, services or merchandise
offered for sale, the manner in which they will be offered for sale
and the person for whom the proceeds are to be realized.
(5)
A statement as to whether or not the applicant has
ever been convicted of any crime and, if the answer is in the affirmative,
the nature of the offense or offenses and the punishment imposed.
(6)
The type of vehicle to be used and registration number,
if any.
B.
Where a person makes application for himself and one
or more other persons, all applicable personal information specified
above shall be given for each person and verified or affirmed by oath
or affirmation by the person to be licensed. An individual license
shall be required for each peddler. No license under this chapter
shall be transferable from one person to another.
C.
No license shall be issued under this chapter until
15 days after the date for application for a license is made in Latrobe.
D.
Failure of any person to provide any of the information
requested for application for license and the license fee hereinafter
defined shall be grounds for refusal by the Office of the City Manager
to issue a license as requested.
[Amended 4-10-2000 by Ord. No. 2000-7]
A.
Peddling.
[Amended 4-10-2000 by Ord. No. 2000-7; 11-12-2013 by Ord. No.
2013-7]
(1)
Any person, before beginning peddling as defined in § 223-1, shall procure from the office of the City Manager a license for which he shall pay to the office of the City Manager a fee as described in the fee schedule attached to Chapter 3, Administrative Code, § 3-48, Fee schedules, up to a maximum of 30 days, for the number of days for which the peddling license is being sought. All rights under such license shall expire at the time hereinafter specified for the cessation of peddling on the last day included in the license.
(2)
Any person who shall conduct business under a peddling license for more than 60 consecutive days shall be entitled to a refund of a portion of the license fee collected, such that the license fee for each thirty-day period included therein shall be no more than that amount set forth in the fee schedule attached to Chapter 3, Administrative Code, § 3-48, Fee schedules.
B.
Soliciting.
(1)
Any person, its agents or employees, 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., shall be exempted from the payment of any licensing fee.
(2)
Any person who has not complied with the provisions of the Solicitation of Charitable Funds Act, referred to in Subsection B(1), before beginning solicitation, as defined in § 223-1, where the same shall be conducted in Latrobe, shall procure from the office of the City Manager a license for which he shall pay to the office of the City Manager a fee as described in the fee schedule attached to Chapter 3, Administrative Code, § 3-48, Fee schedules, up to a maximum of 30 days, for the number of days for which solicitation is sought to be conducted. All rights under such license shall expire at the time of cessation of soliciting hereinafter defined on the last day described in the license.
[Amended 4-10-2000 by Ord. No. 2000-7; 11-12-2013 by Ord. No.
2013-7]
C.
A separate application shall be filed and a separate
license fee shall be paid, where applicable, by each person who shall
actually conduct the peddling or soliciting. This provision shall
apply notwithstanding that an organization desires to secure licenses
for several employees, agents or servants.
A.
Peddling.
(1)
Each license, when issued, shall state, inter alia,
the name of the business or organization represented by the licensee,
the products to be sold or services rendered by the licensee, and
the name of the licensee. Every licensee shall at all times when engaged
in peddling in Latrobe carry such license upon his person and shall
exhibit upon request to all police officers, Latrobe officials and
citizens. No licensee shall engage in selling any products or services
not mentioned on the license.
(2)
No person licensed as a peddler under this chapter
shall engage in peddling on any day of the week, Monday through Saturday,
before 9:00 a.m. or after 6:00 p.m., applicable time. Under no circumstances
shall any person licensed as a peddler under this chapter engage in
peddling on Sunday.
B.
Soliciting.
(1)
Each license, when issued, shall state, inter alia,
the name of the organization represented by the licensee, the name
of the person who shall be the ultimate recipient of the items solicited
and the name of the licensee. Every licensee shall at all times when
engaged in soliciting in Latrobe carry such license upon his person
and shall exhibit upon request to all police officers, Latrobe officials
and citizens.
(2)
No person licensed as a solicitor under this chapter
shall engage in soliciting on any day of the week, Monday through
Saturday, before 9:00 a.m. or after 6:00 p.m. applicable time. Under
no circumstances shall soliciting occur in Latrobe on Sunday.
A.
The office of the City Manager of Latrobe shall keep
a record of all licenses issued and all fees collected under this
chapter. Fees collected shall be remitted to the Office of Administration
and Finance of Latrobe at such time and in such manner as shall be
prescribed by written request from the Office of Administration and
Finance to the office of the City Manager. Supervision of the activities
of all holders of such licenses shall be the responsibility of the
office of the City Manager and the Chief of Police.
[Amended 4-10-2000 by Ord. No. 2000-7]
B.
Any license issued under this chapter may be suspended or revoked at any time by the City Manager of Latrobe or his designee upon proof being furnished to him that the application for the license contained false information or that the applicant or licensee was convicted of a crime involving moral turpitude after the issuance of such license or that the licensee was convicted of disorderly conduct under the laws of the Commonwealth of Pennsylvania or any ordinance of any subdivision thereof or that the applicant has violated any of the provisions of § 223-4 governing the conduct of the licensee.
[Amended 4-10-2000 by Ord. No. 2000-7]
C.
Any licensee, whether principal or agent, who shall violate any provision of § 223-2, 223-3 or 223-4, upon conviction thereof, shall be sentenced to pay a fine of not more than $600 for each and every offense, and costs of prosecution or, in default of the payment of such fine and costs, to undergo imprisonment for not more than 30 days. In addition, the license fee provided in § 223-3 shall be collectible as similar debts are now by law collectible. If the licensee should violate any of the provisions of § 223-4 governing the conduct of the licensee while peddling or soliciting, any officer of the police force of Latrobe shall request the licensee to leave Latrobe and, upon failure to do so within a reasonable time, shall be escorted by the police officer from Latrobe limits.
