PRINTER'S NO. 1257
No. 1098 Session of 1983
INTRODUCED BY PERZEL, WOGAN, CIVERA, DURHAM, SALVATORE, OLASZ,
KOSINSKI, WESTON AND SEMMEL, MAY 25, 1983
REFERRED TO COMMITTEE ON BUSINESS AND COMMERCE, MAY 25, 1983
AN ACT
1 Authorizing the Commonwealth to impose certain requirements on
2 all municipalities in the Commonwealth prior to the issuance
3 of municipal street vendor licenses or permits.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Commonwealth
8 Street Vendor's Registration Act.
9 Section 2. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Conveyance." The term includes any public or privately
14 owned vehicle, method or means of transporting people, bicycle,
15 motorized or nonmotorized vehicle, handcart, pushcart, lunch
16 wagon or any other device or thing whether or not mounted on
17 wheels.
18 "Department." The Pennsylvania Department of Revenue.
1 "Goods, wares and merchandise." The terms include but are
2 not limited to fruits, vegetables, farm products or provisions,
3 dairy products, fish, game, poultry, meat, plants, flowers,
4 appliances, wearing apparel, jewelry, cosmetics and beauty aids,
5 health products, medicines, household needs or furnishings, food
6 of any kind, whether or not for immediate consumption,
7 confections or drinks or any other article or thing whatsoever.
8 "Streets." All that area legally open to public use as
9 public streets and sidewalks, roadways, highways, parkways,
10 alleys and any other public way.
11 "Street vendor." Any person, traveling by foot, wagon, motor
12 vehicle or any other type of conveyance from place to place,
13 house to house, or street to street carrying, conveying or
14 transporting goods, wares or merchandise and offering and
15 exposing them for sale or making sales and delivering articles
16 to purchasers; or who, without traveling from place to place,
17 sells or offers for sale such products from a wagon, handcart,
18 pushcart, motor vehicle, conveyance or from his person or who
19 solicits orders and, as a separate transaction, makes deliveries
20 to purchasers and any vendor, peddler, hawker, huckster,
21 itinerant merchant, transient vendor or any individual, limited
22 partnership, partnership, corporation or association who or
23 which owns, operates or leases to any other street seller any
24 display devices for the purpose of selling or offering for sale
25 to the general public on any street, sidewalk, alley way, square
26 or any other area of public access, any food, dairy products,
27 bakery products, agricultural or horticultural products,
28 clothing, jewelry, trinkets or goods of any other nature other
29 than newspaper stands.
30 Section 3. Proof of payment; penalties.
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1 (a) Proof of payment.--Ninety days after the effective date
2 of this act, every applicant for a street vendor's permit or
3 license issued by any municipality in the Commonwealth or for
4 the renewal of such permit or license shall first provide proof
5 of payment of the sales tax imposed under Article II of the act
6 of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of
7 1971, for the previous year from the department and his sales
8 tax number. In the absence of such proof, the applicant shall
9 submit a clearance of obligation from the department. In no case
10 shall a municipal permit or license be issued to any street
11 vendor until the requirements of this section are met by the
12 applicant.
13 (b) Misdemeanor.--Any person including a city official, who
14 commits any offense involving false, forged or unauthorized
15 proof of payment of sales tax, commits a misdemeanor and upon
16 conviction thereof shall be sentenced to pay a fine of $500.
17 Section 4. Records.
18 Ninety days after the effective date of this act, all street
19 vendors licensed or issued permits to sell by any municipality
20 in the Commonwealth, shall be required to keep full and complete
21 records of all daily gross sales receipts from street sales in a
22 format that includes the month and year, the date, the daily
23 sales, sales tax collected and the total sales for the date. All
24 such records shall be made available for inspection on request
25 of the department.
26 Section 5. Nontaxable sales.
27 If a street vendor sells nontaxable items he shall keep
28 accurate records relating to the sale of nontaxable items and
29 shall submit said records to the department upon request
30 together with an affidavit certifying the accuracy of the
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1 records. The affidavit need not be acknowledged.
2 Section 6. Department of Revenue.
3 (a) Names and addresses of vendors.--Ninety days after the
4 effective date of this act, each municipality in the
5 Commonwealth issuing permits to or licensing street vendors
6 shall provide on a monthly basis to the department, the names
7 and addresses of the vendors licensed or to whom a permit was
8 issued.
9 (b) Names and addresses of owners.--Where the applicant for
10 the municipal street vendor's license or permit is not the owner
11 of the vending business, the municipality shall also furnish the
12 department with the name and address of the owner or owners.
13 Section 7. Effective date.
14 This act shall take effect in 60 days.
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