Municipality of Kingston, PA
Luzerne County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Municipality of Kingston 8-5-1991 as Ord. No. 1991-18. (This ordinance also repealed former Ch. 165, Transient Retail Businesses, adopted 1-11-1971 by the Borough Council, as amended 2-11-1985.) Amendments noted where applicable.]

§ 165-1 Definitions.

A. 
As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
LEGAL HOLIDAY
New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas.
PERSON
Any natural person, partnership, association, corporation or other legal entity.
(1) 
Engaging in peddling, soliciting or taking orders, either by sample or otherwise, for any goods, wares or merchandise upon any street, alley, sidewalk or public ground or from house to house within the Municipality of Kingston; or
(2) 
Selling, soliciting or taking orders for any goods, wares or merchandise, from a fixed location within the Municipality of Kingston, on a temporary basis, which shall include but not be limited to such activities conducted at the time of special occasions or celebrations, for seasonal purposes or for or in advance of specific yearly holidays.
TRANSIENT RETAIL BUSINESS
Any person engaging in the activities commonly referred to as "transient merchant" or "itinerant vendor," who merchandises or sells with the intent to close out or discontinue such business within a period of three months from the date of commencement and who occupies a room, building, tent, lot or other premises for the purpose of selling merchandise.
B. 
The singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and the neuter.

§ 165-2 License required; conditions of issuance; fee.

[Amended 10-7-1996 by Ord. No. 1996-4]
A. 
No person shall engage in any transient retail business or transient merchant business within the Municipality of Kingston without first having obtained from the Code Enforcement Officer a license for which a fee shall be charged for the use of the municipality as specified in § 165-9.
B. 
No person who is employed by, working for, soliciting for or on behalf of, who is an independent contractor for or on behalf of any transient retail business or transient merchant business shall solicit within the Municipality of Kingston without first having obtained from the Code Enforcement Officer a license for which a fee shall be charged for the use of the municipality as specified in § 165-9 under the heading "Solicitor."

§ 165-3 Exceptions.

A. 
No license fee shall be charged for the following:
(1) 
To farmers selling their own produce.
(2) 
For the sale of goods, wares and merchandise donated by the owners thereof, the proceeds whereof are to be applied to any charitable or philanthropic purpose.
(3) 
To any manufacturer or producer in the sale of bread and bakery products, meat and meat products or milk and milk products.
(4) 
To children under the age of 18 years who take orders for and deliver newspapers, greeting cards, candy, bakery products and the like or who represent the Boy Scouts, Girl Scouts or similar organizations.
(5) 
To any honorably discharged member of any of the armed services who complies with the Act of 1867, April 8, P.L. 50, 60 P.S. § 61 (1982), hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania, and who procures from the prothonotary a certificate in pursuance of the Act of 1867.
(6) 
To the seeking or taking of orders by insurance agents or brokers licensed under the insurance laws of the Commonwealth of Pennsylvania.
(7) 
To any person who has complied with the provisions of the Solicitation of Charitable Funds Act, August 9, 1963, P.L. 628, 10 P.S. § 160-1 et seq.[1] (1982), as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania.
[1]
Editor's Note: 10 P.S. § 160-1 et seq. was repealed April 30, 1986 by P.L. 107, No. 36, § 19.
(8) 
For taking orders for merchandise, by sample, from dealers or merchants for individuals or companies who pay a license or business privilege tax at their chief place of business.
B. 
All persons exempted hereby from the payment of the license fee shall be required to register with the Code Enforcement Officer and obtain a license without fee, provided that any person dealing in one or more of the above-mentioned exempted categories and dealing with other goods, wares or merchandise not so exempted shall be subject to the payment of the license fee for the sale of goods, wares and merchandise not in such exempted categories; provided, further, the Code Enforcement Officer may similarly exempt from payment of the license fee, but not from registering with him, persons working without compensation and selling goods, wares or merchandise for the sole benefit of any nonprofit corporation. Every license issued under the provisions of this chapter shall be issued on an individual basis to any person or persons engaging in such business; every individual shall obtain a separate license issued to him in his name, and the license fee hereby imposed shall be applicable to every such individual license, except that a representative of a charitable organization may obtain licenses for the applicants therein.

§ 165-4 License application.

[Amended 10-7-1996 by Ord. No. 1996-4]
A. 
Every person desiring a license under this chapter shall first make application to the Code Enforcement Officer for such license. He shall, when making such application, exhibit a valid license from any state or county officer, if such license is also required.
B. 
The applicant shall state:
(1) 
His criminal record, if any.
(2) 
Name and address of the person by whom he is employed.
(3) 
Type of goods, wares and merchandise he wishes to deal with in such transient retail business.
(4) 
Length of time for which license is to be issued.
(5) 
Type and license number of the vehicle to be used, if any.
C. 
The applicant shall provide:
(1) 
A Social Security Card.
(2) 
A proof of residence in a form which is acceptable to the Code Enforcement Officer.
(3) 
If the individual possesses a valid driver's license, he or she must present the same.
(4) 
A form of photo ID, which could be a valid driver's license.
(5) 
A valid credit card or bank reference. The bank reference can be in a form of a current bank statement or any checking or savings account, which must have the applicant's name appearing thereon.
D. 
The applicant shall be required to submit to taking of a photograph by an employee or an agent of the municipality prior to the issuance of any license.

§ 165-5 Issuance of license; custody, display and exhibit.

Upon receipt of such application and the prescribed fee, the Code Enforcement Officer, if he shall find such application in order, shall issue the license required under this chapter. Such license shall contain the information required to be given on the application therefor. Every license holder shall carry such license upon his person, if engaged in transient retail business from house to house or upon any of the streets, alleys, sidewalks or public grounds, or shall display such license at the location where he shall engage in such business if doing so at a fixed location. He shall exhibit such license upon request to all police officers, municipal officials and citizens or residents of the Municipality of Kingston.

§ 165-6 Prohibited acts.

No person in any transient retail business shall:
A. 
Sell any product or type of product not mentioned in his license.
B. 
Hawk or cry his wares upon any of the streets, alleys, sidewalks or public grounds in the municipality.
C. 
When operating from a vehicle, stop or park such vehicle upon any of the streets or alleys in the municipality for longer than necessary in order to sell therefrom to persons residing or working in the immediate vicinity.
D. 
Park any vehicle upon any of the streets or alleys in the municipality for the purpose of sorting, rearranging or cleaning any of his goods, wares or merchandise or of disposing of any carton, wrapping material or stock, wares or foodstuffs which have become unsalable through handling, age or otherwise.
E. 
Engage in any business activity, except by prior appointment, at any time on a Sunday or legal holiday or at any time before 9:00 a.m. or after 6:00 p.m. on any day of the week other than a Sunday or legal holiday.
F. 
Engage in any business activity along municipal streets without first contacting the Code Enforcement Officer and the Chief of Police in order to determine if adequate and safe off-street parking with proper sight distance at the point of ingress and egress is available and without first obtaining all necessary permits from Pennsylvania Department of Transportation for state thoroughfares.

§ 165-7 Supervision; records and reports.

The Code Enforcement Officer shall supervise the activities of all persons holding licenses under this chapter. He shall keep a record of all licenses issued hereunder and shall make a report thereof each month to the Mayor.

§ 165-8 Suspension and revocation of license; appeal.

The Code Enforcement Officer is hereby authorized to suspend or revoke any license issued under this chapter when he deems such suspension or revocation to be beneficial to the public health, safety or morals, for violation of any provision of this chapter or for giving false information upon any application for a license hereunder. Appeals from any suspension or revocation may be made to the Town Council at any time within 10 days after such suspension or revocation. No part of a license fee shall be refunded to any person whose license shall have been suspended or revoked.

§ 165-9 Fees.

[Amended 10-7-1996 by Ord. No. 1996-4]
A. 
The following fees shall be applicable to this chapter:
(1) 
Transient retail business license: $175.
(2) 
Transient merchant license: $50.
(3) 
Solicitor's license: $15.
B. 
The fee to be paid for a Transient Merchant License shall be $50 for each month or fractional part thereof and shall be collected by the Mayor before he shall issue any license under provisions of this chapter. Such license shall be renewed monthly by the Mayor upon payment of the license fee as herein provided.
C. 
The fee to be paid for a Transient Retail Business License shall be $175 for each month or fractional part thereof and shall be collected by the Mayor before he shall issue any license under provisions of this chapter. Such license shall be renewed monthly by the Mayor upon payment of the license fee as herein provided.
D. 
The fee to be paid for a Solicitor's License shall be $15 for each month or fractional part thereof and shall be collected by the Mayor before he shall issue any license under provisions of this chapter. Such license shall be renewed monthly by the Mayor upon payment of the license fee as herein provided.
E. 
All fees can be modified by Resolution of the Town Council.

§ 165-10 Violations and penalties.

[Amended 10-7-1996 by Ord. No. 1996-4]
Any person, firm or corporation who shall violate any provision of this chapter, upon conviction thereof, shall pay a fine of $500 and, in default thereof, be sentenced to a term of imprisonment of not more than 30 days. Each day that a violation occurs or continues shall constitute a separate offense.