[HISTORY: Adopted by the Borough Council
of the Borough of Mount Oliver 8-21-1969 by Ord. No. 583; amended in its entirety 6-19-2017 by Ord. No. 962. Subsequent amendments noted where applicable.]
No person shall engage in the business of being a vendor or
peddler without first obtaining a license from the Borough Manager.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes any person, whether a resident of the Borough of
Mount Oliver or not, traveling by foot from place to place, from house
to house, or from street to street, carrying on his or her person
goods, wares, merchandise, meats, fish, vegetables, fruits, or provisions,
offering and exposing the same for sale, or making sales and delivering
articles to purchasers. It is further provided that one who solicits
orders is deemed a peddler and subject to the provisions of this chapter.
Includes any person, whether a resident of the Borough of
Mount Oliver or not, who, without traveling from place to place, sells
or offers for sale goods, wares, merchandise, meats, fish, vegetables,
fruits, or provisions from an approved vending vehicle at a specific
and permitted vehicular vendor location.
Includes any person, whether a resident of the Borough of
Mount Oliver or not, who, without traveling from place to place, sells
or offers for sale goods, wares, merchandise, meats, fish, vegetables,
fruits, or provisions from an approved vending unit at an approved
vendor location.
The following information shall be required:
A.
A description of the nature of the business and goods to be bought,
sold, or rented and the name, address, and phone number of the applicant.
B.
If employed, the name, address, and phone number of the employer.
C.
The duration and hours of operation for which the right to do business
is requested.
D.
A description of any vehicle used and its license number.
E.
Valid Pennsylvania driver's license.
F.
Evidence that all required Health Department licenses have been obtained.
G.
A signed statement that the permittee shall hold harmless the Borough
of Mount Oliver, its officers and employees, and shall indemnify the
Borough of Mount Oliver, its officers and employees, for any claims
or damage to property or injury to persons which may be occasioned
by any activity carried on under the terms of the permit. The permittee
shall furnish and maintain such public liability, food products liability,
and property damage insurance as will protect the permittee and the
Borough from all claims for damage to property or bodily injury, including
death, which may arise from operations under the permit or in connection
therewith. Such insurance shall provide coverage of not less than
$50,000 for bodily injury for each person, $100,000 for each occurrence,
and not less than $100,000 for property damage per occurrence. Such
insurance shall be without prejudice to coverage otherwise existing
therein, and shall name as additional insured the Borough of Mount
Oliver, its officers and employees.
A.
No vendor, peddler, or vehicular vendor may sell, peddle, solicit,
canvass, or otherwise operate after the hour of 7:00 p.m. or before
the hour of 10:00 a.m.
B.
No vendor, peddler, vehicular vendor, or any person on his or her
behalf shall blow a horn or use any device, except the ringing of
a bell, including any loud-speaking radio or sound-amplifying system,
upon any of the streets, alleys, parks, or other public places of
the Borough or upon any private premises in the Borough where sound
of sufficient volume is emitted or produced therefrom to be capable
of being plainly heard upon the streets, alleys, parks, or other public
places, for the purpose of attracting attention to any goods, wares,
or merchandise which the licensee proposes to sell.
C.
Vendors and vehicular vendors shall only be permitted to sell goods
that can be contained on, in, or under their vehicle or vending unit.
The vehicle or vending unit shall be capable of mobility at all times.
The size of the vending unit shall not be larger than 11 feet high,
24 feet long, and eight feet wide, unless approved by the Borough
Manager.
D.
All vendors, peddlers, and vehicular vendors shall comply with all
applicable Allegheny County Health Department regulations regarding
smoke and odor control.
E.
All vendors and vehicular vendors shall be accompanied by a metal
or rigid plastic trash container(s) with a thirty-gallon combined
minimum capacity if the vendor is selling a product that generates
trash. In addition, vendors shall also be responsible for maintaining
and cleaning a twenty-five-foot perimeter surrounding the designated
location of the vending unit or vehicle.
A.
Based upon sites reviewed and approved by the Council of Mount Oliver
Borough, the Borough Manager shall compile a list of permitted locations
where the presence of vending units would be compatible with the public
interest. The Borough Manager may consider the width of sidewalks,
the proximity and location of existing street furniture, the presence
of bus stops and truck loading zones, pedestrian and vehicular traffic
patterns, and other factors he/she deems relevant.
B.
No permitted location shall be used by a vendor selling an item like
or similar to the primary items sold by another nonvendor business
within 250 feet of the permitted location, unless otherwise permitted
by the nonvendor business.
C.
Vendors shall not park any vehicles for the purpose of vending, or
place any materials in, onstreet metered parking spaces.
D.
Vehicular vendors may park their vehicles in on-street metered parking
spaces for the purpose of vending if they pay all the meters occupied
by their vending vehicle.
A.
Permits shall be available year-round and shall be valid for a period
of 30 days from the date of purchase and/or execution and may be renewed
prior to expiration upon the payment of the permit fee, provided all
the requirements of this chapter are met.
B.
In cases where there is more than one prospective permittee seeking
to vend exclusively at a particular location, the Borough Manager
will hold a lottery to determine who will be allowed to hold the exclusive
right to be the permittee at the particular location.
The Borough Manager is hereby authorized to suspend any license
issued under this chapter when he/she deems it to be beneficial to
the public health, safety, or welfare, or for violation of any provision
of this chapter, or for giving false information upon any application
for a license hereunder. No part of a license fee shall be refunded
to any person whose license shall have been suspended.
Any person who shall violate any provision of this chapter shall,
for each violation, upon conviction, be sentenced to pay a fine of
not more than $1,000. Each day's violation of any provision of
this chapter shall constitute a separate violation.
If any provisions of this chapter shall be held to be invalid
or unenforceable, the remaining provisions shall remain in effect.
Borough Council has approved the following sites as locations
for street and sidewalk vending:
|
Schedule I: Approved Sites
| ||
|---|---|---|
|
Street
|
Side
|
Location
|
|
Brownsville Road
|
Both
|
Between Arlington Avenue and Sherman Avenue
|
|
Brownsville Road
|
East
|
Between Arlington Avenue and Margaret Street
|
|
Hays Avenue
|
West
|
Between Ormsby Avenue and School
|
|
Penn Avenue
|
North
|
Between Hays Avenue and School
|
