[HISTORY: Adopted by the City Council of the City of New Kensington 12-20-1994 by Ord. No. 2-94. Amendments noted where applicable.]
It shall be unlawful for any peddler, solicitor (canvasser), transient merchant (vendor) or temporary merchant (vendor), as defined in § 153-2 of this chapter, to engage in such business within the City of New Kensington without first obtaining a license therefor in compliance with the provisions of this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
PEDDLER
One who sells tangible commodities from house to house, store to store or on the streets or in any public place. Sales are not made from one established location and delivery of the commodity is at the time of the sale.
SOLICITOR (CANVASSER)
One who takes orders for future deliveries or who sells intangible services or solicits subscriptions in public places or from house to house or store to store.
SPECIAL EVENTS SPONSOR
A nonprofit organization that sponsors a community-oriented special event which shall last no longer than a two-week period and which allows vendors to sell commodities under its auspices during said special event.
TEMPORARY MERCHANT (VENDOR)
One who sells commodities from a private premises but remains at one place for a temporary period of more than four weeks but less than six total months in any calendar year.
TRANSIENT MERCHANT (VENDOR)
One who sells commodities from a private premises but remains at one place for temporary periods of less than four weeks.
The provisions of this chapter shall not apply to:
A. 
Farmers selling their own produce.
B. 
The sale of goods, wares and merchandise donated by the owners thereof when the proceeds thereof are to be applied to any charitable or philanthropic purpose.
C. 
Any manufacturer or producer in the sale of bread and bakery products, meat and meat products or milk and milk products.
D. 
Sales by commercial sales agents to dealers in the usual course of business.
E. 
Bona fide branch stores or locations lawfully operated by retail merchants already having a permanent place of business in the City of New Kensington or at temporary locations by such merchants whose permanent places of business have been destroyed or rendered untenable.
F. 
Sale by the owners of household goods, on their premises, commonly known as "garage sales" or "yard sales," so long as such sales are not held for more than eight days in any one calendar year.
An application for a license as required by § 153-1 shall be made to the Mayor upon forms provided by the City of New Kensington. Such application shall be sworn to and filed with the Mayor at least 10 days prior to the time at which the license applied for shall become effective; provided, however, that the Mayor may, for good cause shown, allow the filing of an application less than 10 days prior to the effective date of the permit applied for.
A. 
Peddlers, solicitors, transient merchants and temporary merchants.
(1) 
The application for the above groups shall contain the following information:
(a) 
The name, address or headquarters of the entity or person applying for the permit.
(b) 
If the applicant is not an individual, the names and addresses of the applicant's principal officers and managers.
(c) 
The nature and character of the proposed business of the applicant.
(d) 
The representations which are to be made and advertised concerning the applicant's business.
(e) 
An outline of the method or methods to be used in conducting the business.
(f) 
The name and address of the person or persons who will be in direct charge of conducting the business and the names and addresses of all persons connected or to be connected with the proposed business.
(g) 
The time when such business will be conducted, giving the dates for the beginning and ending of such conduct of business.
(h) 
Such other information as may be reasonably required by the City Manager in order for him to determine the kind and character of the business to be conducted.
(2) 
If, while any application is pending or during the term of any permit granted, there is any change of fact, policy or method that would alter the information given in the application, the applicant shall notify the Mayor, in writing, thereof within 24 hours after such change.
B. 
Special events sponsors.
(1) 
The application for the special events sponsors shall contain the following information:
(a) 
The name, address or headquarters of the sponsor applying for the permit.
(b) 
The names of the officers or managers of such sponsor.
(c) 
The name of the special event, the dates of the event and a calendar of the schedule of activities that will be held.
(d) 
A brief history of the event (if not in its initial year) as well as an explanation of the community nature of the event.
(e) 
A list of all activities during the course of the event which will potentially involve the use of vendors selling any commodities.
(f) 
A list of the vendors under the sponsorship of the applicant that have or will be given permission to sell commodities during one or more activities to be held during the event, including the addresses of the vendors and a contact person with a telephone number and the types of commodities to be sold (i.e., food, beverage, clothing, novelties, etc.).
(2) 
All such vendors listed in such a special events sponsor application (if approved) shall be allowed lawfully to operate under the auspices of a license granted thereto without having to secure a separate and individual license hereunder. The maximum period for a special events sponsor license shall be two weeks.
The Mayor shall examine or cause to be examined by City personnel all applications filed hereunder and shall make or cause to be made such further investigation of the application and applicant as the Mayor shall deem necessary.
A. 
The Mayor shall issue the license provided for in § 153-1 hereof whenever he shall find the following facts to exist:
(1) 
That all of the statements made in the application are true.
(2) 
That the control and supervision of the conduct of the business will be under responsible and reliable persons.
(3) 
That the applicant has not engaged in any previous fraudulent transactions or enterprises.
(4) 
That neither the business nor the conduct of the business will be a fraud on the public.
B. 
The Mayor shall notify the applicant by mail or personal delivery of his decision, and, if the application is denied, the Mayor shall prepare a written statement of findings of fact.
Whenever it shall be shown or whenever the Mayor has knowledge that any person to whom a license has been issued under this chapter has violated any of the provisions of this chapter, the Mayor shall immediately revoke the license by giving the license holder immediate written notice thereof.
The following nonrefundable license fees shall be payable in advance of conducting any business within the City of New Kensington, and each license issued shall be exclusive of the other licenses herein:
A. 
Peddler: $15 per day.
[Amended 12-2-2014 by Ord. No. 4-14]
B. 
Solicitor (canvasser): $15 per person, per day.
[Amended 12-2-2014 by Ord. No. 4-14]
C. 
Transient merchant (vendor): $200 per month.
D. 
Temporary merchant (vendor): $20 per month or $70 per six months (six-month license must be secured in advance of business initiation).
E. 
Special events sponsor: $20 per two weeks.
Each peddler, solicitor, transient merchant and temporary merchant shall display proof of licensing under this chapter at all times.
Any license issued under this chapter shall be nontransferable and shall be returned to the Mayor within two days of its date of expiration, together with all facsimile copies thereof.
No person licensed under this chapter shall engage or conduct his business at any time on Sunday or upon any other day of the week before 9:00 a.m. or after 8:00 p.m. unless prior written approval is granted by the City of New Kensington.
No person licensed hereunder shall utilize any loudspeaker, horn or any other device for announcing his presence by which the public is annoyed.
No person licensed under this chapter shall occupy any fixed location upon any of the streets, alleys or sidewalks of the City of New Kensington for the purpose of conducting his business, with or without any stand or counter, unless a special events sponsor shall be granted prior written approval by the City of New Kensington.
All peddlers, solicitors, transient merchants and temporary merchants remain subject to the requirements of any applicable City of New Kensington taxes.
Any person who violates any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine of not more than $600, plus costs of prosecution for each and every offense, and, in default of payment of such costs and fine, be sentenced to imprisonment for a term not exceeding 90 days. Each day during which a violation of this chapter occurs or continues shall constitute a separate offense.