[HISTORY: Adopted by the Borough Council
of the Borough of Lewisburg as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-18-1977 by Ord. No. 77-9]
[Amended 8-15-1995 by Ord. No. 900]
A.
It shall be unlawful for any person:
(1)
To sell at retail, by sample or otherwise, or solicit
orders for, sell or deliver at retail, either on the street or by
traveling from house to house or from person to person within the
limits of the Borough, any books, paintings, foreign or domestic goods,
wares, meats, merchandise or fruits, without first having registered
with the Secretary of the Borough; or
(2)
To engage in business as a canvasser or solicitor
calling at residences or businesses without the previous consent of
the occupant or owner thereof for the purpose of soliciting orders,
sales, subscriptions or business of any kind, or seeking information
or donations, without first having registered with the Secretary of
the Borough.
B.
The registrant shall give his complete identification,
both his permanent and local addresses, a personal description, including
age, weight, height, color of eyes and hair, and previous criminal
convictions, if any, his signature, the name of his employer, the
nature of the products or services in which he is interested, the
names of the manufacturers of such products, or of the organization
which he is representing, the proposed method of operation in the
Borough, a description of any carts or vehicles to be used, and any
other information required or desired by the Mayor, the Police Chief
of the Buffalo Valley Regional Police Department, or by the Borough
Council.
[Amended 4-17-2012 by Ord. No. 1014]
[Amended 10-20-1987 by Ord. No. 833]
Except as set forth in § 235-4 of this article, each registrant shall pay to the Secretary of the Borough a registration fee as established from time to time by resolution of Borough Council.
[Amended 8-15-1995 by Ord. No. 900]
A.
Each registrant who exhibits a business privilege tax license as required by § 324-16 of Chapter 324, Taxation, and shows evidence of good character and who is required to pay and does pay the fee required by § 235-2 of this article, shall be furnished with a certificate indicating that he or she has registered and showing the dates covered by such registration.
B.
Individuals with previous convictions of a felony
or misdemeanor may be refused a certificate at the discretion of the
Mayor. No certificate issued under this article shall be transferable
from one person to another.
C.
Each person shall at all times while peddling, canvassing,
or soliciting in the Borough carry upon his person the registration
certificate, and the same shall be exhibited by such registrant whenever
he is required to do so by any police officer or by any person solicited.
D.
The Police Chief of the Buffalo Valley Regional Police
Department shall keep a record of all certificates issued and registrations
made under this article and shall be responsible for supervising the
activities of all holders of such certificates.
[Amended 4-17-2012 by Ord. No. 1014]
A.
The provisions of this article shall not apply to
officers or employees of the Borough, County, state, or federal government,
or any subdivision thereof, when on official business.
B.
(1)
Fraternal, national service, or civic organizations;
(2)
Nonprofit corporations incorporated under and by virtue
of the laws of the Commonwealth of Pennsylvania which have obtained
and are maintaining an exempt status with the Internal Revenue Service
from the payment of income tax to the federal government;
(3)
Farmers selling their own produce;
(4)
Any manufacturer or producer in the sale of bread
and bakery products, meat and meat products, or milk and milk products;
or
(5)
Persons selling goods, wares, and merchandise, the
proceeds whereof are to be applied to any charitable or philanthropic
purpose.
[Amended 3-18-1986 by Ord. No. 811; 7-17-1990 by Ord. No.
862]
No person engaged in business as a peddler,
canvasser, or solicitor shall:
A.
Hawk or cry his wares upon any of the streets, alleys,
sidewalks, or public grounds of the Borough;
B.
Use any loud speaker or horn or any other sound device
whether it be carried on the person or attached to a cart or vehicle
for announcing his presence by which the public is annoyed;
C.
When selling from a cart or vehicle, stop or park
the same upon any of the streets or alleys of the Borough for longer
than necessary in order to sell therefrom to persons residing in the
immediate vicinity;
D.
Park any cart or vehicle on any of the streets or
alleys of the Borough for the purpose of sorting, rearranging, or
cleaning any of his goods, wares, or merchandise, or of disposing
of any carton, wrapping material, or rubbish that has accumulated
on, in, or about such cart or vehicle or of any stock or wares or
of foodstuffs which have become unsalable through handling, age, or
otherwise; or
E.
Engage in any business on any day of the week before
8:00 a.m. or after 9:00 p.m.
F.
Engage in such business upon any street or alley of
the Borough which has been closed to vehicular traffic by the Borough
Council for the purpose of conducting a parade thereon, but shall
during all such times engage in such business on the sidewalks of
the Borough adjoining the closed street or alley.
[Amended 4-17-2012 by Ord. No. 1014]
The Mayor or Police Chief of the Buffalo Valley
Regional Police Department may revoke any registration certificate
issued under this article when he deems such revocation to be for
the benefit of the public health, safety, or morals of the Borough,
or for the violation of any provisions of this article or of any other
ordinances of the Borough, or of any state or federal law, or for
giving false information or misrepresentation upon registration hereunder,
or making false or fraudulent statements in the operation of his business,
or for conviction of any crime other than minor traffic violations,
or whenever the registrant shall cease to possess the qualifications
and character required for registration hereunder. No part of a registration
fee shall be refunded to any person whose registration certificate
shall have been revoked.
Any person who is refused a registration certificate
or has his certificate revoked may appeal such action to the Borough
Council in writing within 10 days after such refusal or revocation.
Such person shall be present at the time designated by the Borough
Council for review of his appeal.
[Amended 10-20-1987 by Ord. No. 833]
Any person, firm or corporation who shall violate
any provision of this article shall, upon conviction thereof, be sentenced
to pay a fine of not more than $300; and/or to imprisonment for a
term not to exceed 90 days. Every day that a violation of this article
continues shall constitute a separate offense.
