[HISTORY: Adopted by the Borough Council of the Borough of Colwyn 3-17-1947 by Ord. No. 182, approved 3-17-1947. Amendments noted where applicable.]
A. 
As used in this chapter, the following terms shall have the meanings indicated:
PERSON
Includes a partnership, an unincorporated association and a corporation.
B. 
The masculine gender as used in this chapter shall be construed to include the feminine and neuter, and the singular shall be construed to include the plural.
[Amended 10-13-1983 by Ord. No. 426, approved 10-13-1983]
No person shall, without first having made application to the Chief of Police for the license herein required, paid the fee herein required and obtained a license therefor, do any of the following acts or engage in any of the following businesses within the Borough of Colwyn:
A. 
Enter into, begin or conduct, whether as principal or agent, a transient retail business for the sale of goods, wares or merchandise of any kind.
B. 
Canvass from house to house for the purpose of selling or offering for sale or taking orders for any goods, wares or merchandise of any kind, or books, periodicals or other publications.
C. 
Hawk, huckster or peddle any goods, wares or merchandise of any kind.
D. 
Engage in the business of buying or collecting, itinerantly along the streets of the Borough or from house to house, refuse or discarded material of any kind, commonly known as "junk."
The licenses required by § 108-2 of this chapter shall be for the periods as hereinafter set forth:
A. 
Transient retail merchant, one month and a like period for each renewal thereof.
B. 
Canvasser, one week or one month, at the option of the licensee.
C. 
Peddler, hawker, huckster, one day, one month or one year, at the option of the licensee.
D. 
Junk buyer or collector, one day, one month or one year, at the option of the licensee.
[Amended 6-21-1965 by Ord. No. 277, approved 6-21-1965; 5-10-1979 by Ord. No. 391, approved 5-10-1979]
A. 
The fees for the licenses required by § 108-2 of this chapter shall be as follows:
(1) 
Transient retail merchant: $400.
(2) 
Canvasser: $2 per day or $6 per week or $50 per year.
(3) 
Peddler, hawker or huckster: $2 per day; $6 per week; $50 per year.
(4) 
All home-repair solicitors are required to pay a fee of $50; in addition, they are required to present the following information at the time of application:
(a) 
Name or names of solicitors.
(b) 
Names of all persons having a financial interest in the solicitation or in the company or firm doing the solicitation.
(c) 
Name and mailing address and principal place of business of the firm contracting to do the work.
B. 
All fees herein required shall be collected by the Chief of Police and paid into the Treasury of the Borough.
A. 
The license required by this chapter shall be in substantially the form following:
COMMONWEALTH OF PENNSYLVANIA
Borough of Colwyn
________________________
(Name of Licensee)
having complied with the provisions of Ordinance No. 182 of the Borough of Colwyn, is here licensed to ____________________ within the Borough of Colwyn for a period of one _______________ from the date hereof, subject to the provisions of Ordinance No. 182, approved the 17th day of March A.D. 1947. Issued the _____ day of ___________ 2___
THE BOROUGH OF COLWYN
No. ______________________
Chief of Police
B. 
The license shall bear the description and the residence of the licensee, to be filled in by the Chief of Police at the time of issuance.
[Amended 10-13-1983 by Ord. No. 426, approved 10-13-1983]
[Added 6-21-1965 by Ord. No. 277, approved 6-21-1965]
A. 
A badge will be issued to the licensee and must be worn on his person at all times while conducting his authorized business in the Borough of Colwyn. Failure to comply with this provision of this chapter will be considered a violation of this chapter and will subject the offender to be fined accordingly.
B. 
Badges will be colored as follows:
(1) 
One day: white.
(2) 
One week: green.
(3) 
One year: red.
Before any license shall be issued under this chapter, it shall be the duty of the person proposing to engage in any capacity for which a license is hereby required to make application therefor in writing under oath to the Chief of Police, upon a printed form to be provided for such purpose by the Borough, setting forth the name, age, personal appearance and description, place of business, if any, and residence of the applicant, and the place of business, if any, of the principal of the applicant, the business to be engaged in and/or the goods, wares, merchandise or other articles to be sold or for which orders are to be taken, the name and address of the principal, if any; the number of days or months the applicant proposes to engage in business; the place at which the goods are to be sold if the applicant is a transient retail merchant; the number of vehicles to be used and the manufacture, registration number and motor number of each; whether the applicant has been convicted of any offenses and the details of any such offense; and, in the case of a farmer or person selling vegetable or animal products raised on his own land, the location of such farm or land.
Any person complying with the provisions of this chapter shall be entitled to do the acts specified in such license for the term therein stated; provided, however, that the license shall be personal, individual and not transferable and shall not be construed to permit employment of unlicensed agents. The issuance of a license hereunder to a junk buyer or collector shall not be deemed to permit such person to remove any article from any receptacle, or pile or bundle of refuse material placed by owners for collection by the Borough; any such removal without the consent of the person who so placed the receptacle, pile or bundle by any person, licensed or unlicensed, is hereby prohibited.
[Amended 6-21-1965 by Ord. No. 277, approved 6-21-1965]
A. 
Every licensee shall display said license badge on his person at all times while engaged in doing the acts permitted by the license issued to him under this chapter.
B. 
No licensee shall permit any other person to use his license; such use shall operate to revoke the permit, in addition to subjecting the licensee to the penalties of this chapter.
C. 
Every licensee shall report to the Chief of Police any change of his residence or place of business within 48 hours after such change.
[Amended 6-21-1965 by Ord. No. 277, approved 6-21-1965]
No licensee hereunder shall park any vehicle on any street or alley of the Borough of Colwyn for the purpose of sorting, arranging or cleaning his goods, wares or merchandise. Nothing herein contained shall be construed to permit any licensee hereunder to keep or maintain a curb stand or street market on any street or alley of the Borough of Colwyn longer than is necessary to sell therefrom to persons resident within the immediate vicinity thereof. All vehicles must be parked at the curb while conducting business.
No licensee shall canvass, hawk, huckster, peddle or collect junk before 7:00 a.m. Eastern standard time or after sunset of any day, excluding Sunday.
Any false statement in the application hereby required shall operate to revoke the license issued under such application and shall render the applicant liable to the penalties of this chapter.
A. 
The issuance of a license as herein provided for shall not be construed to permit the selling of any article or the doing of any act prohibited by law or any other ordinance of the Borough of Colwyn now in force or which may hereafter be passed.
B. 
Nothing herein contained shall be construed to require the payment of a license fee by or for any of the following:
(1) 
Any person selling exclusively vegetable or animal products raised on his own land.
(2) 
Any person selling exclusively goods of his own manufacture.
(3) 
The collection of or sale of any goods, wares or merchandise donated by the owners thereof, the entire proceeds whereof are to be applied to any charitable or philanthropic purpose.
(4) 
Any person taking orders for merchandise by sample from dealers or merchants, for individuals or companies who pay a license or mercantile tax at their chief places of business.
(5) 
Insurance companies or their agents or insurance brokers authorized to transact business under the laws of this commonwealth.
(6) 
Any honorably discharged, disabled or pensioned soldier, sailor or marine of the military or naval services of the United States upon compliance with the provisions of law.
(7) 
Any person or sale exempted by the Act of May 4, 1927 (P.L. 519, Section 2922).[1]
[1]
Editor's Note: See 53 P.S. § 47905.
(8) 
Any manufacturer or producer in the sale of bread and bakery products, meat and meat products or milk and milk products.
(9) 
Any persons exempted by law from paying a license fee to do the acts permitted to a licensee hereunder.
C. 
The exemptions from payment of a license fee hereinbefore provided shall not be construed to relieve any person from applying for and obtaining the license herein required which in the case of persons and sales so exempt, shall be issued without charge.
[Amended 10-13-1983 by Ord. No. 426; 11-10-1988 by Ord. No. 447]
Any person who violates any provision of this chapter shall, upon conviction thereof, be subjected to a fine of not more than $600 and costs of prosecution, and, in default thereof, shall undergo imprisonment in the Delaware County Prison for a term not exceeding 30 days. Every day such violation shall continue shall constitute a separate offense.