Article 313
SOLICITORS AND TRANSIENT RETAILERS
Sections:
313.06 Permit required – Compliance.
313.07 Application for permit.
313.12 Enforcement – Penalties.
313.01 Short title.
This article shall be known and cited as the solicitors and transient retailers code, hereinafter, the “code.” (Ord. 3779 § 2, 2019)
313.02 Statement of policy.
The general purpose of this code is to regulate transient vending within the public spaces of the City of Meadville and soliciting in any private or public space within the City of Meadville, Crawford County, Pennsylvania, by establishing permit fees, requiring solicitors and transient retailers to obtain permits, and providing for the enforcement thereof and penalties for violations thereof. (Ord. 3779 § 2, 2019)
313.03 Definitions.
(A) Unless otherwise stated, the following words and phrases shall be construed throughout this chapter to have the meanings herein indicated:
a. “Solicitor” means any person who goes from house to house, on the streets as defined in MMC 1353.07 or in any public or private place in the City of Meadville, seeking or taking contracts or orders for any goods, wares, services or merchandise for future delivery; or selling or offering for sale any goods, wares, services or merchandise, the ownership of which is vested in said person, regardless of the time of delivery; or who solicits contributions, gifts or pledges of money or any other thing of value.
b. “Transient retailer” means any mobile food unit, retail or wholesale business being operated, engaged in, maintained or conducted for the sale, purchase or trade of goods, wares, merchandise or services in any public right-of-way or city-owned property within the City of Meadville, which business is of a temporary or nonpermanent nature or for a temporary period of time.
c. “Mobile food unit” means a vehicle or trailer-mounted retail food facility designed to be readily moved.
d. “Restaurant” means a business engaged in the preparation and sale of food and beverages for consumption either on or off the premises that is not a retail food use.
e. “Canning” means soliciting cash donations in the right-of-way.
(B) In this article, the singular shall include the plural and the masculine shall include the feminine and neuter gender. (Ord. 3779 § 2, 2019)
313.04 Prohibited acts.
No person, entity or group (including, but not limited to, charitable/civic organizations) shall engage in the activity of canning within the city, absent prior written approval from the city manager or his designee, which approval may be withheld in the city’s discretion. (Ord. 3779 § 2, 2019)
313.05 Exceptions.
The provisions of this article shall not apply to:
(A) Any minor under 18 years of age who takes orders for and delivers newspapers, magazines, greeting cards, candy and the like, or who represents the Boy Scouts, Girl Scouts or similar organizations and takes orders for and delivers cookies, etc.
(B) Any person representing an organization which has registered with the Pennsylvania Department of State, as required by Act No. 337, approved August 9, 1963, known as the “Solicitation of Charitable Funds Act,” or other 501(c)(3) exempted from such registration requirements of the Solicitation of Charitable Funds Act. This exception shall only apply to solicitation by such persons/entities for charitable contributions, gifts or pledges, or money or other things of value, and not any transient retail activities by such persons or groups.
(C) Lemonade stands, snow cone stands, or other similar businesses operated by any minor under the age of 18 that do not operate in excess of three calendar days per month.
(D) Yard sales, to the extent permitted by MMC 1306.01.
(E) Retail activities sponsored by the City of Meadville or a municipal authority of the City of Meadville, such as, for example, the market house authority.
(F) At the discretion of the city manager or his designee, events where street closures or public assembly permits have been authorized by the City of Meadville. (Ord. 3779 § 2, 2019)
313.06 Permit required – Compliance.
No person within the city shall be or engage in the activity of soliciting or as a transient retailer as defined in MMC 313.03, without having first obtained a permit for every such person from the city clerk and otherwise complying with the provisions of this article. (Ord. 3779 § 2, 2019)
313.07 Application for permit.
(A) Every person desiring to engage in soliciting in the city shall first make an application to the city, through the city clerk, for a permit. The application must be received by the city clerk a minimum of 14 days prior to the date of proposed soliciting activity in the City of Meadville. Upon such application, the person shall give:
a. Full name, address, and contact information;
b. Social security number and date of birth;
c. Name and address of applicant’s employer or principal;
d. Two references not including family or current employer;
e. Period for which said permit is requested;
f. Location where he expects to do business;
g. Nature of the goods, wares, services, merchandise, or food offered for sale;
h. When applicable, written consent of the owner of private property; and
i. Authorization to conduct criminal background check.
(B) Every person desiring to engage in transient retail in the city shall first make an application to the city, through the city clerk, for a permit. The application must be received by the city clerk a minimum of 14 days prior to the date of proposed transient vending activity in the City of Meadville. Upon such application, the person shall give:
a. Full name, address, and contact information;
b. Name and address of applicant’s employer or principal;
c. Period for which said permit is requested;
d. Location where he expects to do business;
e. Nature of the goods, wares, services, merchandise, or food offered for sale or purchase;
f. Authorization to conduct criminal background check.
(C) The foregoing information must be given for each individual employed or contracted by the proposed permit holder in the city, who also must apply for a permit. No permit issued hereunder shall be transferable from one person to another.
(D) No permit shall be issued until the fee is paid to the City of Meadville. Fees shall be in an amount established by resolution, from time to time, by city council.
(E) The issuing of a permit for soliciting or transient retail is at the sole discretion of the city manager or his designee.
(F) The number of active permits for soliciting, transient retailers, and mobile food units may be limited during any given time period at the sole discretion of the city manager or his designee. (Ord. 3779 § 2, 2019)
313.08 Denial of permit.
(A) Upon review, the city manager or his designee may refuse to issue a permit to the applicant under this article for any reason including, but not limited to:
a. The location and time of solicitation or transient retail activity would endanger the safety and welfare of the solicitors, retailers, their customers, or city residents.
b. An investigation reveals that the applicant falsified information on the application.
c. The applicant has been convicted of a felony, any misdemeanor or violation of any statute involving a sex offense, trafficking in controlled substances, violent act against persons or property or theft.
(B) Disapproval and the reasons for disapproval shall be noted on the application, and the applicant shall be notified that his application is disapproved and that no permit will be issued. Notice shall be mailed to the applicant at the address shown on the application form or at the applicant’s known address. (Ord. 3779 § 2, 2019)
313.09 Valid days and hours.
(A) No solicitor shall engage in business except on weekdays between the hours of 9:00 a.m. and 7:00 p.m., unless express permission is otherwise granted by the city manager or his designee.
(B) No transient retailer unit shall engage in business except on weekdays or Saturdays between the hours of 9:00 a.m. and 7:00 p.m., unless express permission is otherwise granted by the city manager or his designee. (Ord. 3779 § 2, 2019)
313.10 Standards.
(A) No transient retail operation shall:
a. Be located so as to impede, prevent or obstruct access to any city sidewalk, street, or required parking space unless specifically approved by the city;
b. Impede, prevent or obstruct access to any required means of egress from any building or structure;
c. Otherwise interfere with the lawful use of any public or private property; or
d. Those possessing permits under this article cannot conduct business or otherwise occupy space in public parks.
(B) Every person to whom a permit has been issued hereunder shall, in the carrying on of his business or activities, comply with the following rules of conduct, and failure to comply with all of these standards shall constitute a violation of the provisions of this article:
a. A permit holder shall carry his permit at all times and exhibit it upon request to any police officer or any person upon whom he shall call or with whom he shall talk in carrying on his permitted activities.
b. Solicitors going door-to-door shall first display, unprompted, the permit to the occupant of the property and shall show the permit granted prior to commencing any sales presentation.
c. A permit holder shall not cause or permit his permit to be altered or defaced, allow any person to have possession of his permit and shall immediately report its loss to the city clerk or designee.
d. A permit holder shall not enter or attempt to enter any dwelling without invitation or permission of an adult occupant and shall immediately leave any premises upon request.
e. A permit holder shall not enter or attempt to enter any property where any sign or other designation prohibits soliciting.
f. A permit holder shall not represent his permit to be an endorsement of himself or of his goods or services or of the goods or services of his principal or employer.
g. A permit holder shall immediately surrender his permit upon revocation of his permit as hereinafter provided.
h. Any mobile food unit shall be properly licensed and inspected under the applicable commonwealth retail food facility laws and regulations, properly licensed and registered under commonwealth traffic laws and regulations, as well as all applicable Pennsylvania Liquor Control Board requirements.
i. Transient retailers or mobile food unit operators shall post the permit prominently in public view.
j. Mobile food unit permit holders must comply with all additional rules and regulations established by city council. (Ord. 3779 § 2, 2019)
313.11 Permit revocation.
(A) Any permit hereafter issued may be revoked by the city manager or his designee upon the failure of the permit holder to comply with the standards of conduct established by MMC 313.09 hereof or upon ascertainment that the permit holder has made any false statement in his application for permit hereunder or for any other violation of this article.
(B) Any permit issued may be revoked at the discretion of the city manager or his designee.
(C) Notice of revocation shall be given by written notice personally served or sent by certified mail to the address designated for this purpose in the application for permit. (Ord. 3779 § 2, 2019)
313.12 Enforcement – Penalties.
(A) It is the intent of council that the city police shall be diligent in the enforcement of the provisions of this article and shall keep a careful and constant supervision over all persons engaging in any of the businesses herein set forth, for which reason it is hereby expressly declared that the permit fees herein set forth are not imposed as a tax but are imposed under the police power of the city as necessary and required to compensate the city for the proportionate expenses of the police department incurred in the investigation of applicants and supervision of respective businesses hereby authorized to be permitted.
(B) Any person violating any of the provisions of this article shall be guilty of a summary violation and, upon conviction, shall be sentenced to pay a fine of not more than $500.00, plus all court costs, including reasonable attorney’s fees, incurred by the city in the enforcement of this article, and in default of payment of any such fine or costs shall be imprisoned for not more than five days for the first offense, not more than 15 days for the second offense, and not more than 30 days for the third or any subsequent offense. In addition, thereto, if the person so offending has a permit granted under this article by the city, such permit may be revoked by the city manager or his designee. Each day a violation exists shall constitute a separate offense. The city also reserves the right to pursue any and all remedies available to it as provided by law, including, but not limited to, injunction, to enforce the provisions of this article. (Ord. 3779 § 2, 2019)