[HISTORY: Adopted by the Board of Supervisors
of the Township of Allegheny 3-13-1989 (§§ 3.71 to 3.80 of the 1986 Code). Amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
One who sells tangible commodities from house to house, store
to store, or on the streets or in any public place; his sales are
not made from one established spot excepting where they are made in
a street or other public place and he makes delivery at the time of
the sale. Whether or not he collects funds at the same time is immaterial.
Any natural person, association, partnership, firm or corporation.
One who takes orders for future deliveries, or for intangible
services, or solicits subscriptions, or solicits signatures, or solicits
contributions of money, services or goods in public places or from
house to house and not from an established place on private premises,
provided that solicitation of funds or orders by telephone is not
considered soliciting.
One who sells commodities from private premises but remains
at one place for the purpose of temporary periods only, generally
not more than six weeks.
Peddling, soliciting or being engaged as a transient merchant.
A.
No person shall engage in any transient retail business
within the Township of Allegheny, Westmoreland County, Pennsylvania,
without first obtaining from the Township a license as herein provided
for; provided, however, that no license is required by nor shall any
license fee be charged to the following:
(1)
Any person seeking public office and circulating a
nominating petition therefor.
(2)
Any person taking orders for merchandise from dealers
or merchants for resale by such dealer or merchant.
(3)
The seeking or taking of orders pursuant to the invitation
of the party from whom an order is sought.
(4)
Any religious organization, its agents or employees
acting in furtherance of its ministries.
[Added 7-9-1990]
B.
No person shall engage in any transient retail business
within the Township of Allegheny, Westmoreland County, Pennsylvania,
without first obtaining from the Township a license as herein provided
for; provided, however, that no license fee shall be charged to the
following:
(1)
Any charitable organization, its agents or employees.
(2)
Any benevolent organization, its agents or employees.
(3)
Any educational organization, its agents or employees.
(4)
Any philanthropic organization, its agents or employees.
(5)
Any humane organization, its agents or employees.
(6)
Any patriotic organization, its agents or employees.
(7)
Any political organization, its agents or employees.
(8)
Any religious organization, its agents or employees.
(9)
Any nonprofit organization, its agents or employees.
C.
Provided, however, that any transient retail business
dealing in one or more of the excepted categories and selling other
goods, wares, merchandise or services not excepted shall be subject
to the licensing requirement and license fee fixed by this chapter
for said person's activities in connection with the sale of goods,
services or merchandise not in any of the excepted categories.
D.
Provided further, however, that any person or organization
soliciting only signatures on a petition shall be required to complete
the application procedures for a license but shall not be subject
to any license fee or application verification procedures and shall
forthwith be issued a license by the Township Manager.
E.
Every license issued under the provisions of this
chapter shall be issued on an individual basis to a natural person
engaging in a transient retail business as herein defined, provided
further that the owner, leader or head of a transient retail business
or organization may apply for and receive a license on behalf of his
transient retail business or organization and must provide a copy
of the license to each agent or employee who shall then be considered
a licensee under the terms of this chapter.
A.
Every person desiring a license under this chapter
shall first make application to the Allegheny Township Manager for
such license and the application shall be on a form provided by the
Township Manager. The application shall contain the following information:
(1)
Full name of the applicant.
(2)
Local address of the applicant, if any.
(3)
Permanent address of the applicant.
(4)
Name and address of the employer of the applicant.
(5)
The nature of the goods, merchandise or services to
be offered for sale.
(6)
Previous criminal record of applicant, if any.
(7)
The period of time for which the license is requested,
not to exceed one year.
(8)
The year, make, model and license number of any vehicle
to be used.
(9)
Two passport-size photographs of the applicant or
a current and valid driver's license upon which the applicant's photograph
appears.
B.
A license fee as set from time to time by resolution
of the Board of Supervisors shall accompany the application when submitted
to the Township Manager and if in the form of a negotiable instrument
shall be made payable to the Township of Allegheny.
[Amended 1-10-2005 by Ord. No. 2-2005]
A.
Upon receipt of the application and the prescribed
fee, the Township Manager shall immediately transmit the application
to the Township Police Department, which Department shall, within
10 days, take such action as may be necessary to verify the identity
and character of the applicant and to verify the statements and information
contained in the application.
B.
Upon completion of the Township Police Department
investigation, the Township Police Chief, if he is satisfied that
the applicant is of good character and that the business of the applicant
is as represented in the application, shall endorse his approval upon
the application and return the application to the Township Manager
forthwith.
C.
Upon completion of the Township Police Department
investigation, the Police Chief, if not satisfied that the applicant
is of good character and that the applicant's business is as represented
in the application, shall endorse his disapproval upon the application
and his reasons for disapproval and shall return the application to
the Township Manager forthwith.
D.
In the event that the applicant is a person to whom
a license under this chapter has been previously issued, the Chairman
of the Board of Supervisors or Manager of Allegheny Township may,
in writing, waive the Allegheny Township Police Department investigation
herein provided for.
The Township Manager, upon receipt of any application
from the Township Police Chief, shall immediately notify the applicant
of the action of the Township Police Chief and, if the application
shall have been approved, the Township Manager shall forthwith issue
a license to the applicant.
Each licensee when engaged in a transient retail
business shall:
A.
Carry the license upon his person.
B.
Exhibit said license upon request to all police officers,
Township officials and citizens.
C.
Sell only the product or service mentioned in his
license.
D.
Not use any loudspeaker or horn or any other device
for announcing his presence by which the public might be annoyed.
E.
Not place or deposit any refuse upon any of the streets,
alleys or public lands of the Township.
F.
Not, when selling from a vehicle, stop or park such
vehicle upon any of the streets, alleys or public places of the Township
longer than necessary in order to sell therefrom to persons residing
in the immediate vicinity.
G.
Leave the premises of any resident when requested
to do so by the resident.
H.
Not occupy any fixed location upon any of the streets,
alleys, sidewalks or public places in the Township for the purpose
of conducting business, with or without a stand or counter.
I.
Not stop or park any vehicle upon any of the streets,
alleys or public places of the Township in any manner which would
create a traffic hazard.
Any license issued under this chapter may be
revoked at any time by the Chief of Police of the Township for violation
of any of the provisions of this chapter or for the giving of false
information on any application for a license or for the licensee being
charged with or convicted of any crime, other than a traffic violation,
after the issuance of such license or if the licensee has engaged
in a fraudulent transaction or enterprise after the issuance of such
license.
A.
Any person aggrieved by the refusal of issuance or
revocation of a license may, in writing, within 30 days from the date
of such refusal of issuance or revocation, appeal to the Board of
Supervisors of Allegheny Township.
B.
Upon receiving an appeal from a revocation, the Board
of Supervisors of Allegheny Township shall schedule and hold a hearing
on the merits of such refusal of issuance or revocation within 30
days.
C.
Within 30 days of holding of a hearing on the refusal
of issuance or revocation appeal, the Board of Supervisors shall issue
a written decision either reversing or sustaining the refusal of issuance
or revocation. The written decision shall contain all of the reasons
for the action of the Board of Supervisors.
D.
Any person aggrieved by the action of the Board of
Supervisors may, in writing, within 30 days from the date of such
action of the Board of Supervisors, appeal to the Court of Common
Pleas of Westmoreland County, Pennsylvania.
Any person who shall violate any of the provisions
of this chapter shall, upon summary conviction thereof before a District
Magistrate, be sentenced to pay a fine of not more than $600 and costs
of prosecution and, in addition thereto, may be sentenced to a term
of imprisonment of not more than 90 days.
