[HISTORY: Adopted by the Borough Council of the Borough of Zelienople as indicated in article histories. Amendments noted where applicable.]
Article I Transient Retail Business
[Adopted 5-13-1974 by Ord. No. 538; amended in its entirety 12-11-1995 by Ord. No. 715 (Ch. 13, Part 1, of the 1995 Code)]
As used in this article, 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.
- 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 Borough; or
- (2) Selling, soliciting or taking orders for any goods, wares or merchandise from a fixed location within the Borough, 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 yearly holidays.
The singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and the neuter.
No person shall engage in any transient retail business within the Borough without first having obtained from the Chief of Police a license, for which a fee, which shall be for the use of the Borough, shall be charged, said fee to be in such amount established from time to time by resolution of the Borough Council.
No license fee shall be charged:
To farmers selling their own produce.
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.
To any manufacturer or producer in the sale of bread and bakery products, meat and meat products, or milk and milk products.
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 or Girl Scouts or similar organizations.
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, as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania, and who procures from the Prothonotary a certificate pursuant to the Act of 1867.
Editor's Note: The Act of 1867 (60 P.S. § 61) was repealed 11-24-1992 by P.L. 717, No. 108.
To the seeking or taking of orders by insurance agents or brokers licensed under the insurance laws of the Commonwealth of Pennsylvania.
To a person who has complied with the provisions of the Solicitation of Funds for Charitable Purposes Act, 10 P.S. § 162.1, as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania.
[Amended 10-10-2011 by Ord. No. 814-11]
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.
To vendors participating in Borough-authorized events and paying the related fee to the event, during the dates of said event.
[Added 8-31-2015 by Ord. No. 841-15]
But all persons exempted hereby from the payment of the license fee shall be required to register with the Borough Police Chief and obtain a license without fee, provided 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 fixed by this article for his activities in connection with the sale of goods, wares and merchandise not in such exempted categories; provided, further, the Borough Police Chief 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 a nonprofit corporation; provided, further, every license issued under the provisions of this article 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.
[Amended 8-31-2015 by Ord. No. 841-15]
Every person desiring a license under this article shall first make application to the Chief of Police 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. The applicant shall state:
His criminal record, if any.
Name and address of the person by whom he is employed.
Type of goods, wares and merchandise he wishes to deal with in such transient retail business.
Length of time for which license is to be issued.
Type and license number of the vehicle to be used, if any.
Upon receipt of such application and the prescribed fee, the Chief of Police, if he shall find such application in order, shall issue the license required under this article. Such license shall only be issued after a waiting period of 72 hours from the time of the application therefor. 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 Borough.
No person in any transient retail business shall:
Sell any product or type of product not mentioned in his license.
Hawk or cry his wares upon any of the streets, alleys, sidewalks or public grounds in the Borough.
When operating from a vehicle, stop or park such vehicle upon any of the streets or alleys in the Borough for longer than necessary in order to sell therefrom to persons residing or working in the immediate vicinity.
Park a vehicle upon any of the streets or alleys in 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 stock, wares or foodstuffs which have become unsalable through handling, age or otherwise.
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 7:00 p.m. on any day of the week other than a Sunday or legal holiday.
[Amended 8-31-2015 by Ord. No. 841-15]
The Borough Police Chief shall supervise the activities of all persons holding licenses under this article. He shall keep a record of all licenses issued hereunder and shall make a report thereof each month to the Borough Council.
[Amended 8-31-2015 by Ord. No. 841-15]
The Borough Police Chief is hereby authorized to deny, suspend or revoke any license issued under this article when he deems such denial, suspension or revocation to be beneficial to the public health, safety or morals, or for violation of any provision of this article, or for giving false information upon any application for a license hereunder. Appeals from any suspension, revocation or denial of a license may be made to the Borough Council at any time within 10 days after such suspension, revocation or denial, and a hearing shall be held within 30 days of the petition for appeal. No part of a license fee shall be refunded to any person whose license shall have been suspended or revoked.
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 $600 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 shall constitute a separate offense.