Borough of Oakmont, PA
Allegheny County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Oakmont 2-9-1981 as Ord. No. 04-81. Amendments noted where applicable.]
It is the purpose of this chapter to regulate peddlers, solicitors, canvassers, transient merchants and itinerant vendors who, without local retail or wholesale outlets, come into the municipality to sell or attempt to sell, to take orders or attempt to take orders or to solicit contributions, pledges or subscriptions or attempt to solicit contributions, pledges or subscriptions, such regulation in the interest and for the protection of residents of the borough, and further requiring permit fees to offset the cost of regulation and administration of this chapter.
It shall be unlawful for any person to engage in the business of peddler, solicitor, canvasser, transient merchant or itinerant vendor, as defined in § 144-3 of this chapter, within the borough without first obtaining a permit therefor as provided in this chapter.
When used in this chapter, the following terms shall have the following meanings:
CANVASSER
See "solicitor."
ITINERANT VENDOR
See "transient merchant."
PEDDLER
Any person, whether a resident of the borough or not, traveling by foot, wagon, 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, fish, vegetables or fruits, offering and exposing the same for sale or making sales and delivering articles to purchasers or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, 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 chapter shall be deemed a peddler subject to the provisions of this chapter. The word "peddler" shall include "hawker" and "huckster."
SOLICITOR OR CANVASSER
Any person, whether a resident of the borough or not, traveling either by foot, wagon, automobile, motor truck or any other type of conveyance from place to place, person to person, house to house or from street to street, taking or attempting to take orders for the sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery or for services to be furnished or performed in the future or for subscriptions, contributions or any other kind of support, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sales or not, provided that such definition shall include any person who, for himself or for another person, firm or corporation, hires, leases, uses or occupies any building, structure, room, apartment, shop or any other place within the borough for the sole purpose of exhibiting samples and taking orders for future delivery, and further provided that such definition shall include any person who, without necessarily having the intention of making a direct sale, distributes literature, pamphlets, handbills, samples and the like for the purpose of information, advertising or for other purposes such as the furtherance of public economic or social beliefs, doctrines, systems or projects.
TRANSIENT MERCHANT OR ITINERANT VENDOR
Any person, whether as owner, agent, consignee or employee, whether a resident of the borough or not, who engages in a temporary business of selling and delivering goods, wares and merchandise within said borough and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, room, apartment, shop or any other place within the municipality for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction. The person so engaged shall not be relieved from complying with the provisions of this chapter merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer or by conducting such transient business in connection with, as a part of or in the name of any local dealer, trader, merchant or auctioneer.
The terms of this chapter, as defined in § 144-3, shall not be held to include the acts of persons selling personal property at wholesale to dealers in such articles nor to newsboys nor to the acts of merchants or their employees in delivering goods in the regular course of business, nor shall the terms of this chapter be held to include or apply to any farmer or truck gardener who shall vend, sell or dispose of the products of the farm or garden occupied and cultivated by him, nor shall it apply to any manufacturer or producer in the sale of bread and bakery products, meat and meat products or milk and milk products. Nothing contained in this chapter shall be held to prohibit any sale required by statute or by order of any court or to prevent any person conducting a bona fide auction sale pursuant to law.
A. 
Applicants for a permit under this chapter must file with the Police Department of the borough a sworn application, in writing on a form to be furnished by the borough, which shall give the following information:
(1) 
The name and physical description of the applicant.
(2) 
The complete permanent home and full local address of the applicant and, in the case of transient merchants, the local address from which proposed sales will be made.
(3) 
A brief description of the nature of the business and the goods to be sold.
(4) 
If employed, the name and address of the employer, the name and address of the employee's immediate supervisor, together with credentials establishing the exact employment 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 the license number or other means of identification.
(7) 
The source of supply of the goods or property proposed to be sold or orders taken for the sale thereof, and the proposed method of delivery.
(8) 
A recent photograph of the applicant, which shall be approximately two inches by two inches, showing the head and shoulders of the applicant in a clear and distinguishing manner.
(9) 
A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, other than traffic violations, the nature of the offense and the punishment or penalty assessed therefor.
B. 
At the time of filing the application, a fee as set from time to time by resolution of the Borough Council shall be paid to the Borough Manager or designated representative to cover the cost of the 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 a 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 therefor and return said application to the Police Clerk, who shall notify the applicant of the disapproval and that no permit shall 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, execute a permit addressed to the applicant for the carrying on of the business applied for and return said permit, along with the application, to the Police Clerk, who shall, upon payment of the prescribed fee, deliver to the applicant his permit. Such permit shall contain the signature and seal of the issuing officer and shall show the name, address and photograph of said permittee, the class of permit issued and the kind of goods to be sold thereunder, the amount of fee paid, the date of issuance and the length of time the same shall be operative, as well as the permit number and other identifying description of any vehicle to be used.
D. 
The Clerk shall keep a permanent record of all permits issued and those rejected and shall issue a monthly report to the Borough Council of said applicants.
A. 
Any religious, charitable or community service organization, society, association or corporation desiring to solicit or have solicited in its name money, donations of money or property or financial assistance of any kind or desiring to sell or distribute any item of literature, various types of tokens or merchandise for which a fee is charged or solicited from persons other than members of such organization upon the streets, in office buildings, by house-to-house canvass or in public places for a religious, charitable, patriotic, philanthropic or community purpose shall be exempt from the provisions of §§ 144-5, 144-8, 144-9 and 144-12B of this chapter, provided that there is filed a sworn application, in writing, on a form furnished by the Police Clerk which shall give the following information:
(1) 
The name and purpose of the cause for which the permit is sought.
(2) 
The name and address of the officers and directors of the organization, as well as any local sponsor.
(3) 
The period and times during which solicitation is to be conducted.
(4) 
A list of the names and addresses of all the members of the organization who shall participate in the solicitation.
(5) 
Whether or not any commissions, fees or wages are to be expended with such solicitation and the amount thereof.
B. 
Once the organization, association or corporation has established that its nature is religious, charitable, patriotic, philanthropic or community service, then the Clerk shall issue a permit without charge.
[Amended 1-9-1995 by Ord. No. 04-95]
A. 
Every applicant for a permit under this chapter who owns real or personal property located within the borough used primarily for business, for which permit application is made and which property is on the tax rolls of the borough, or who is an agent or represents a person who owns property located within the borough used for the business, for which permit application is made and which property is on the tax rolls of the borough, shall pay the following fee(s):
(1) 
For each person proposing to peddle, canvass or solicit on foot, per day, per week, per month or per year: as set from time to time by resolution of the Borough Council.
(2) 
For each person proposing to peddle, canvass or solicit from any type of vehicle or conveyance, per day, per week, per month or per year: as set from time to time by resolution of the Borough Council.
(3) 
For each helper or assistant to those using vehicles, per day, per week, per month or per year: an additional amount as set from time to time by resolution of the Borough Council. Said helpers must also procure a permit as herein provided for solicitors, peddlers, etc.
B. 
Every applicant for a permit under this chapter who does not own real or personal property located within the borough used primarily for the business, for which permit application is made and which property is not on the tax rolls of the borough, shall pay the following permit fee(s):
(1) 
For each person proposing to peddle, canvass or solicit on foot, per day, per week, per month or per year: as set from time to time by resolution of the Borough Council.
(2) 
For each person proposing to peddle, canvass or solicit from any type of vehicle or conveyance, per day, per week, per month or per year: as set from time to time by resolution of the Borough Council.
(3) 
For each helper or assistant to those using vehicles, per day, per week, per month or per year: as set from time to time by resolution of the Borough Council. Said helpers must also procure a permit as herein provided for solicitors, peddlers, etc.
C. 
In the case of transient merchants and itinerant vendors who temporarily occupy a building, structure, room, apartment or shop within the municipality for the exhibition and sale of goods, etc., such merchant or vendor shall pay the following permit fee(s), per day, per week, per month or per year: as set from time to time by resolution of the Borough Council.
Every applicant not a resident of Allegheny County, Pennsylvania, or who, being such resident, represents a firm whose principal place of business is located outside the Commonwealth of Pennsylvania shall file with the Police Clerk a surety bond in favor of the borough in the amount of $500 if the permit is issued for less than six months and $1,000 if the permit is issued for six months or longer, with surety acceptable to and approved by the Chief of Police, conditioned that said applicant shall comply fully with the provisions of the Oakmont Borough Code and the statutes of the Commonwealth of Pennsylvania, regulating and concerning the business of peddlers, solicitors, canvassers, transient merchants and itinerant vendors and guaranteeing to any citizen of the borough that all moneys paid as down payment will be accounted for and applied according to the representations of the permittee and further guaranteeing to any citizen of the borough doing business with said permittee that the property or object purchased will be delivered according to the representations of the permittee. Action on such bond may be brought in the name of the borough for the use or benefit of the aggrieved person or persons or may be brought by the aggrieved person or persons individually, but the surety may be relieved of further liability by paying, pursuant to order of the court, the face amount of the bond to the Clerk of court in which suit is commenced.
No permittee, nor any person in his behalf, shall shout, cry out, blow a horn, ring a bell or use any sound or amplifying device upon any of the streets, alleys, parks or other public places of the borough or upon private premises where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks or other public places for the purpose of attracting attention to any goods, wares or merchandise which such permittee proposes to sell.
No permit issued under the provisions of this chapter shall be used at any time by any person other than the one to whom it was issued.
A. 
No permittee shall have exclusive right to any location in the public streets or sidewalks, nor shall any be permitted a stationary location thereon, nor shall any permittee be permitted to operate in a congested area where such operations might impede or inconvenience the public use of such streets or sidewalks.
B. 
No permittee shall be permitted to operate on Sunday nor before 9:00 a.m. or after 4:00 p.m. weekdays or before 9:00 a.m. and after 12:00 noon on Saturdays, prevailing time.
It shall be the duty of any peddler, solicitor, canvasser, transient merchant or itinerant vendor to produce his permit upon request of any citizen.
It shall be the duty of any peddler, solicitor, canvasser, transient merchant or itinerant vendor to produce his permit upon request of any police officer of the borough.
The Chief of Police shall report to the Borough Manager all convictions for violation of this chapter, and the Police Clerk shall maintain a record for each permit issued and record the reports of violation therein.
A. 
Permits issued under the provisions of this chapter may be revoked by any District Justice having jurisdiction with respect to such persons, after notice and hearing, for any of the following causes:
(1) 
Fraud, misrepresentation or false statement contained in the application for permit.
(2) 
Fraud, misrepresentation or false statement made in the course of carrying on his business as solicitor, peddler, canvasser or transient merchant.
(3) 
Any violation of this chapter.
(4) 
Conviction of any crime or misdemeanor involving moral turpitude.
(5) 
Conducting his business 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.
(6) 
Any of the following conduct:
(a) 
Using high-pressure methods.
(b) 
Placing a foot in the doorway.
(c) 
Entering homes without invitation.
(d) 
Refusing to leave homes when asked.
(e) 
Crossing lawns from door to door.
(f) 
Discourtesy.
B. 
Notice of the hearing for revocation of a permit shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be transmitted by certified mail, postage prepaid, to the permittee at his last known address at least seven days prior to the date set for hearing.
Any person aggrieved by the action of the Chief of Police or the Police Clerk in the denial of a permit, as provided in § 144-6 of this chapter, or in the action of the Manager in the assessing of the fee, as provided in § 144-8E of this chapter, shall have the right of appeal to the Borough Council. 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 Borough 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 § 144-16 of this chapter for notice of hearing on revocation.
All annual permits issued under the provisions of this chapter shall expire on the 31st of December in the year when issued. All permits other than annual permits expire on the date specified in the permit.
In addition to the penalties provided for violation of the Oakmont Borough Code, all contracts made by any peddler, solicitor, canvasser, transient merchant or itinerant vendor who has failed to procure a permit as required by this chapter shall be unenforceable by the person operating without such permit.
[Amended 1-9-1995 by Ord. No. 04-95p Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).p