[HISTORY: Adopted by the Borough Council of the Borough of New Britain 11-6-1973 by Ord. No. 140 (Ch. XIII, Part 2, of the 1973 Borough Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Any natural person, association, partnership, firm or corporation.
- TRANSIENT RETAIL BUSINESS
- Includes the following:
- (1) Engaging in canvassing, soliciting or taking of orders, whether by sample or otherwise, for any goods, wares or merchandise, from house to house without the direct invitation by or prior appointment with any of the inhabitants thereof, or upon any street, alley or public ground within the Borough; and
- (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 shall 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.
In this chapter, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.
[Amended 12-4-1984 by Ord. No. 210]
No person shall engage in any transient retail business within the Borough of New Britain without first having obtained from the Central Bucks Regional Police Department a license, after paying a fee established by Borough Council by resolution, which fee shall be for the use of the Borough.
No license fee shall be charged under this section:
To farmers selling their own produce;
To persons soliciting contributions on behalf of organizations exempted from the provisions of, or duly registered pursuant to, 10 P.S. § 160-1 et seq., as amended, who, while soliciting, are in possession of a card or other written evidence of their appointment or authority to solicit for such organization or corporation;
Editor's Note: Said statute was repealed by Act 1986-36; see now 10 P.S. § 162.1 et seq., Solicitation of Funds for Charitable Purposes Act.
To any manufacturer or producer in the sale of milk or milk products, bread and bakery products, or meat and meat products;
For the sale of goods, wares or merchandise donated by the owners thereof, the proceeds whereof are to be applied to any charitable or philanthropic purpose; or
To persons who shall have been licensed by the Commonwealth of Pennsylvania to engage in an activity mentioned above, including, but not limited to, real estate, insurance, or securities brokers or salesmen.
The Central Bucks Regional Police Department may similarly exempt from the payment of the license fee, but not from registering, persons working without compensation and selling foods, wares or merchandise for the sole benefit of a nonprofit corporation or in the case of solicitors for charitable or community undertakings.
Nothing herein contained shall be construed as permitting the licensure of more than one person under a single license or of transferring any license issued under this chapter from one person to another.
Upon making application therefor and paying the proper fee as herein specified, a license shall be issued to every person desiring to engage in a transient retail business, provided that the issuance of such license shall not in any way endanger the general safety, morals or welfare of the citizens of the Borough. Such license shall contain the following information:
Name of applicant.
Home address of applicant.
Name and address of employer for whom applicant shall be working, if any.
The period of time for which the application shall be made and the expiration date of the license.
The type of goods, wares and merchandise which the applicant desires to deal with under such license.
The applicant's previous criminal record, if any.
The type of vehicle he will use, if any, together with its license number.
The number and names of the persons with whom the applicant will be working.
A brief physical description of the applicant.
Every person to whom a license shall be issued under this chapter shall, while engaging in such transient retail business within the Borough, comply with the following rules of conduct:
He shall carry his license card upon his person at all times and shall exhibit it upon request of any police officer, Borough official or citizen.
He shall not permit any other person to have possession of his license card, and he shall immediately report its loss to the Central Bucks Regional Police Department.
He shall not cause or permit his license card to be altered or defaced.
He shall not enter or attempt to enter any dwelling house without invitation or permission of the occupant, and he shall immediately leave any premises upon request.
He shall not represent his license card to be an endorsement of himself or the goods, wares or merchandise with which he deals.
He shall immediately surrender his license card upon suspension or revocation of his license as hereinafter provided.
He shall not engage in selling any product not mentioned in his license.
He shall not engage in any activities under his license at any time on Sunday or at any time on any of the following legal holidays: New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas, or upon any other day at any time before 9:00 a.m. or after 5:00 p.m.
He shall not hawk or cry his wares upon any street or sidewalk in the Borough.
He shall not use any loudspeaker or horn or other device for announcing his presence by which the public is annoyed.
He shall not engage in peddling, whether from door to door or house to house or from a fixed location upon any street, sidewalk or public ground.
The Central Bucks Regional Police Department shall keep a record of all licenses issued under this chapter.
The Mayor 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, or 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 of a license may be made to the Borough 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.
[Amended 12-4-1984 by Ord. No. 210]
Any person who shall violate any provision of this chapter shall, for each and every such violation, upon conviction thereof, be sentenced to pay a fine of not more than $600 and costs of prosecution and, in default of payment of such fine and costs, to imprisonment for not more than 30 days, provided each day's violation of any provision of this chapter constitutes a separate violation.