Borough of Hellertown, PA
Northampton County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Hellertown as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Transient retail businesses — See Ch. 411.
Zoning — See Ch. 450.
[Adopted 12-4-2000 by Ord. No. 633]

§ 140-1 Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings given to them in this section, unless the context clearly indicates otherwise. Words used in the present tense include the future; the singular includes the plural; masculine shall include the feminine gender. Use of the term "shall" indicates a mandate and is not directory, "may" implies permissiveness.
OPEN AIR MARKET
An outdoor market for the retail sale of new or used merchandise, produce or other farm products, whether operated by a single vendor or composed of stalls, stands or spaces rented or otherwise provided to vendors. The term does not include the outside display of merchandise as an incidental part of retail activities regularly conducted from a permanent building on sidewalks or other areas immediately adjacent to, and upon the same lot as, such building. The term also does not include merchandise sold at festivals or other special events, temporary in duration, at which the display and sale of merchandise is incidental to the primary cultural, informational or recreational activities of such festival or special event.
[Added 6-16-2014 by Ord. No. 792]
PERSON
Any individual, partnership, corporation, firm, association, institution, agency or any other legal entity whatsoever which is recognized by law as being subject to the rights and duties of an individual.
TEMPORARY BUSINESS
To engage in the vending, selling, canvassing, soliciting or the taking of orders, either by sample or otherwise, for any and all goods, wares, merchandise, products and/or commodities, from any street, alley, sidewalk or other public place, or from any private property, or from premises to premises, be they public and/or private, within the Borough of Hellertown, on a transitory basis.

§ 140-2 License required to engage in temporary business.

[Amended 9-17-2012 by Ord. No. 775]
Within the Borough, no person shall engage in any temporary business without first having obtained from the Zoning Officer a license to conduct such temporary business, provided that each license issued pursuant to the terms of this article shall so be issued on an individual basis to the person engaging in such business; every person shall obtain a license, which shall be nontransferable, issued to him in his name; and the license fee imposed hereunder shall be applicable to each license as may be issued.

§ 140-3 License fee imposed.

[Amended 9-17-2012 by Ord. No. 775]
A. 
For each such license issued hereunder, a fee in an amount to be established, from time to time, by resolution of Borough Council hereby is imposed, is due and payable to the Borough of Hellertown and shall be so tendered to the Borough as a prior condition of issuance of the license, provided that no license fee shall be imposed under this article:
(1) 
To those such persons as are exempted from having to pay transient retail business license fees pursuant to Article XXIX, § 2901 of the Borough Code, 53 P.S. § 47901 et seq., as amended.
(2) 
By those persons whose efforts are being made on behalf and for the sole benefit of a recognized charitable, nonprofit and/or philanthropic organization.
B. 
The amount of the licensee fee so imposed pursuant to this article shall be established by the Hellertown Borough Council either by ordinance or resolution and may be changed, from time to time, as the Council sees fit.

§ 140-4 Application for license.

[Amended 9-17-2012 by Ord. No. 775; 6-16-2014 by Ord. No. 792]
Every person desiring to obtain a license pursuant to this article first shall make application for same to the Hellertown Zoning Officer, upon forms provided by the Officer for those purposes. Pursuant to measures adopted by the Hellertown Borough Council, any organization, group or individual desiring to hold a special event and/or open air market which is to occur wholly or in part upon private property is required to fully execute and submit this permit application to the Borough of Hellertown no later than 30 days in advance of the proposed date (or initial date, if it is a multiday event) of said event. If such person also shall be required to obtain a license or permit from any other governmental regulatory agency, upon making application for a license to the Officer, he shall evidence such other required license(s) and/or permit(s), provided, further, the applicant shall give his name and home address; the location address of the event; the zoning district in which the event will be held; the name and address of the person by whom he is employed or which he represents; the type of goods, wares, merchandise in which he proposes to deal; the name and address of each person who shall be additional employees of the temporary enterprise to be conducted in the Borough; the identification, to include make, model and license/tag number of every vehicle that is to be used in the conduct of the temporary business; and the full license fee as may be imposed pursuant to the terms of this article.

§ 140-5 Investigation; issuance of license; refusal thereof.

[Amended 9-17-2012 by Ord. No. 775; 6-16-2014 by Ord. No. 792]
Upon receipt of an application for a temporary business license, the Officer shall not issue any such license until such time as an investigation regarding the applicant and the representatives contained in the application has been conducted. The Officer shall complete such investigation within three consecutive business days of the receipt of a complete, acceptable application. Following such investigation, the Officer may refuse to issue a license in those instances where the investigation shall disclose a false or misleading statement, information or representation by the applicant and/or upon the submitted application and/or for any other reasonable and just cause, including but not limited to failure to comply with the requirements of Chapter 140. In those instances when a license is denied, the fee shall be retained by the Borough as reimbursement for the costs incurred relative to the conduct of the investigation.

§ 140-6 Custody; display and exhibit of license.

Every person so issued a license pursuant to the terms of this article shall maintain such license upon his person or shall display the same upon any and all vehicles as may be engaged in the temporary business if the same shall be conducted from premises to premises, or from any of the streets, alleys, sidewalks or other public places of the Borough, or he shall display such license at the place where such temporary business is being conducted, if doing so from a single location. Every licensee shall exhibit his license, upon request, to all police officers, Borough officials and/or citizens.

§ 140-7 Special license conditions; prohibited acts.

A. 
Those persons who shall make application for and receive a license to engage in a temporary business from a fixed, single location shall do so only from sites that are within either the TC Town Center, M Mixed, HC Highway Commercial or SC Shopping Center Zoning District, as defined on the Official Map of the Borough of Hellertown (Chapter 450). This condition shall not apply to those circumstances in which the temporary, fixed-point business location is upon premises owned by the applicant who is a charitable, nonprofit and/or philanthropic organization.
[Amended 6-16-2014 by Ord. No. 792]
B. 
All temporary business licenses issued hereunder shall be valid for a period of seven consecutive or nonconsecutive days, the initial date of which shall be established at the request of the applicant but not earlier than the fourth day following the date upon which the complete, acceptable application was received by the Zoning Officer. An applicant who proposes a use for seven nonconsecutive days shall provide the Borough with the proposed dates that the business shall operate. Any license issued hereunder to a charitable, nonprofit and/or philanthropic organization shall not be limited to a valid period of seven days; rather, such license shall be valid for a period not to exceed four months.
[Amended 9-17-2012 by Ord. No. 775; 6-16-2014 by Ord. No. 792]
C. 
General requirements and procedures applicable to all districts.
[Added 6-16-2014 by Ord. No. 792[1]]
(1) 
A plan depicting the layout of the site, including dimensions of the sale area, accessways, parking areas and location of trash receptacles.
(2) 
Specific days and hours of operation.
(3) 
The means, such as stalls, tables or other structures, by which merchandise is to be displayed and the provision for a twelve-foot-wide aisle to which emergency services can be accommodated.
(4) 
Vehicular parking shall be provided on site or a signed/notarized shared parking agreement with an adjoining property. One vendor parking and one customer off-street parking space shall be provided.
(5) 
One trash receptacle per 1,000 square feet of sales area. All trash shall be emptied regularly so as not to overflow, and litter and debris shall not be allowed to accumulate. The operator shall be responsible for removing from the property, adjacent property, and abutting sidewalks and streets any trash which resulted from the event within 24 hours.
(6) 
One sanitary portable facility shall be provided and maintained for every 20 vendor stalls/spaces. The facility shall be removed from the area within 72 hours following the event.
(7) 
Merchandise, stalls or other structures and materials shall not be stored outdoors while the use is not open for business.
(8) 
Operation shall be restricted to the time between 9:00 a.m. and 5:00 p.m. unless otherwise specified in the conditional use permit.
(9) 
The operation shall not interfere with the reasonable use and enjoyment of neighboring properties by reason of excessive noise, traffic or overflow parking.
(10) 
The Borough may impose any other condition it deems necessary or appropriate to minimize noise or other potential adverse effects upon neighboring areas.
(11) 
Location, number, size, and design of signs used to advertise the event shall be submitted with the application for approval by the Zoning Officer.
(a) 
Event sign. One event sign advertising the event may be posted at the event site not more than 30 days prior. The event sign shall be removed within 48 hours after the close of the event. Event signs shall be no larger than 30 square feet and meet all other current requirements per the Borough Zoning Ordinance. Signs shall not be lit.
(b) 
Directional sign. Only during the operation of the event may two temporary off-site sandwich board signs (up to eight square feet) be installed to direct patrons to the event. Off-site signs shall not obstruct clear sight lines nor obstruct the sidewalk.
(c) 
Other signs. The use of paper or other temporary signs posted on utility poles, trees, or similar, is prohibited.
[1]
This ordinance also redesignated former Subsections C through E as Subsections D through F, respectively.
D. 
No license, once it has been issued, shall be extended beyond the seven-day period of validity and no license shall be renewed. This condition shall not apply to a charitable, nonprofit and/or philanthropic licensee.
E. 
An applicant shall be entitled only to one temporary business license in any three-month period, said period to commence coincident with the first day of the seven-day license validity period. This condition shall not apply to a charitable, nonprofit and/or philanthropic organization.
F. 
No person engaged in any temporary business shall:
(1) 
Sell any product or type of product not referenced in his license.
(2) 
Call out or hawk his wares and products upon any of the streets, alleys, sidewalks or other public places in the Borough, or use any loudspeaker, voice-amplification system, horn or other device which shall cause annoyance to the general public.
(3) 
When conducting business from a vehicle, stop, stand or park his vehicle upon any public way of the Borough in such a manner as to impede the flow of vehicular and/or pedestrian traffic and for longer than necessary to complete the commercial transaction.
(4) 
Engage in any premises-to-premises activity, except by prior appointment, between the hours of 8:00 p.m. and 9:00 a.m.
(5) 
Display or sell items which are adult oriented or not legally sold to minors.
[Added 6-16-2014 by Ord. No. 792]

§ 140-8 Suspension or revocation of license.

[Amended 9-17-2012 by Ord. No. 775]
The Zoning Officer is authorized to suspend or revoke any license issued hereunder when it is deemed that such action would be in the best interests of the public health, safety or morals, or for giving any false or misleading statement, information or representation upon any application for such license. An appeal from any license suspension or revocation may be made, in writing, to the Borough Council, the same to be filed with the Borough Manager or his designee within 10 days of the suspension or revocation action. No part of a license fee shall be refunded to a person whose license shall have been suspended or revoked.

§ 140-9 Violations and penalties.

[Amended 6-16-2014 by Ord. No. 792]
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 $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.
[Adopted 1-19-2004 by Ord. No. 659]

§ 140-10 Definitions.

A. 
In this article, the following words shall have the meanings hereby respectively ascribed thereto:
BUSINESS
For purposes of this article, a business includes any person, entity, corporation or partnership which has an actual place of business within the Borough or has its mail delivered to a location within the Borough or a post office box at the Hellertown Post Office.
PERSON
Any individual, partnership, corporation, association, limited-liability company, limited-liability partnership, unincorporated association, firm enterprise or any other entity whatsoever which is recognized by law as being subject to the rights and duties of a person.
B. 
In this article, the singular shall included the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.

§ 140-11 Business registry established; fees must be paid.

A. 
In order that the Borough may best perform its services for the benefit of the community and the businesses therein, a centralized registry of all businesses is hereby established. Every person who shall first commence to engage in or conduct any business within the Borough at any time after the first day of January of any year shall register such business within 30 days of the commencement of such business and pay the full registration fee of $50, provided that, when such initial registration shall take place in the month of December of any year, such registration also shall be applicable for the calendar year ensuing; provided, further, that every person who shall continue to engage in or conduct any business within the Borough, at any time after the first day of January of any year shall have reregistered said business no later than the first day of March of said year and shall pay the full reregistration fee of $50. The initial registration or subsequent registration of a business shall be upon a form furnished by the Borough, and the person shall pay the registration or reregistration fee, as the case may be, at the time of the registration or reregistration. Such fees shall be payable to the Borough of Hellertown for deposit into the general fund and for the general use of the Borough. The failure of any person to register or reregister a business in complete compliance with the terms herein provided shall be deemed to constitute a violation of said terms, and the Borough shall take such remedies as may be available to it pursuant to law to prosecute such a violation.
B. 
Any person who is delinquent in the payment of the full registration fee at the time of a subsequent registration shall not be registered until any and all delinquent fees have been paid in full, and any delinquent fees can be prosecuted pursuant to this article.

§ 140-12 Business changes.

A. 
When any person registered under this article shall change his place of business within the Borough, shall remove such business to a place outside the Borough, shall discontinue such business, or shall transfer the business to any person, he shall furnish the information of such change, removal, discontinuance, as the case may be, within 10 days after the same, to the Borough Secretary, so that the register of businesses may be changed accordingly.
B. 
Upon any change of ownership of any business which shall have been registered under this article, the new owner thereof, within 10 days after the acquisition thereof, shall furnish such information to the Borough Secretary, so that the register of businesses may be changed accordingly.

§ 140-13 Late fees; violations and penalties.

A. 
In the event that any business should fail to pay the registration fee by the first day of March, a late fee charge of 10% shall be added to the registration fee.
B. 
Any person, firm or corporation who shall violate any of the provisions of this article or any resolutions or regulations made in pursuance thereof shall, upon conviction thereof by a Magisterial District Judge, be subject to a fine of not more than $600, together with the costs of prosecution, for any single violation and, in default of such fine and costs, shall be imprisoned for a period of not more than 30 days. Every violator of the provisions of this article shall be deemed guilty of a separate offense for each and every day such a violation shall continue and shall be subject to penalties imposed by this article for each and every such separate offense. The Borough may take any other action permitted by law to collect the outstanding business registration fee, including any civil action or use of a collection agency to collect any unpaid fees.
[Amended 2-7-2005 by Ord. No. 679]

§ 140-14 Establishment of fees.

The fees for the initial registration and for the reregistration shall be established by a motion approved by a majority of the Council of the Borough of Hellertown and shall remain in effect until changed by the same procedure as aforementioned.