[Ord. 2006-5, 7/10/2006, § 50-1]
As used in this Part, the following terms shall have the meanings
indicated:
The Borough's Code Enforcement Officer, Assistant Code
Enforcement Officer, Associate Code Enforcement Officer, or any other
duly charged employee of the Borough.
New Year's Day, Easter, Memorial Day, Independence Day,
Labor Day, Thanksgiving, Christmas Eve, Christmas, New Year's
Eve.
Any natural person, partnership, association, corporation
or other legal entity.
Engaging in peddling, soliciting, or taking orders, either by
sample or otherwise, for any goods, wares, merchandise or services
upon any street, alley, sidewalk or public ground from house to house
within the Borough of Forty Fort.
Selling, soliciting or taking orders for any goods, wares, merchandise
or services, from a fixed location within the Borough of Forty Fort,
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.
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 or services.
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The singular shall include the plural; the plural shall include
the singular; and the masculine shall include the feminine and the
neuter, and vice versa.
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[Ord. 2006-5, 7/10/2006, § 50-2]
1.
No person shall engage in any transient retail business or transient merchant business within the Borough of Forty Fort without first having obtained from the Code Enforcement Officer, or any other duly charged employee of the Borough, a license for which a fee shall be charged for the use of the Borough as specified in § 13-109.
2.
No person who is employed by, working for, soliciting for 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 Borough of Forty Fort without first having obtained from the Code Enforcement Officer, or any other duly charged employee of the Borough, a license for which a fee shall be charged for the use of the Borough as specified in § 13-109, Subsection 3, under the heading "Solicitor."
[Ord. 2006-5, 7/10/2006, § 50-3; as amended by
Ord. 2009-8, 12/7/2009]
1.
No license fee shall be charged for the following:
A.
To farmers selling their own produce.
B.
For the sale of goods, wares, merchandise and/or services donated
by the owners thereof, the complete proceeds whereof are to be applied
to any charitable or philanthropic purpose.
C.
To children under the age of 18 years of age 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.
D.
Solicitation of Funds for Charitable Purposes Act, 10 P.S. § 162.1
et seq., hereafter amended, supplemented, modified or reenacted by
the General Assembly of Pennsylvania.
E.
For taking orders for merchandise or services, by sample, from dealers
or merchants for individuals or companies who pay a mercantile or
business privilege tax to the Borough of Forty Fort.
2.
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, merchandise,
and services 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, merchandise or services for
the sole benefit of any nonprofit corporation. Every license issued
under the provisions of this Part shall be issued on an individual
basis to any person 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.
[Ord. 2006-5, 7/10/2006, § 50-4]
1.
Every person desiring a license under this Part 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.
2.
The applicant shall state:
A.
Name and address.
B.
Phone numbers.
C.
Date of birth.
D.
Social Security number.
E.
Criminal record, if any.
F.
Name and address of the person by whom he is employed.
G.
Type of goods, wares, merchandise and services he wishes to deal.
H.
Length of time license is to be issued.
I.
Make, model and license number of vehicle to be used, if any.
J.
The location to be utilized, if a fixed location.
4.
The applicant shall submit to taking a photograph by an employee
or an agent of the Borough prior to the issuance of any license if
so requested by the Code Enforcement Officer.
[Ord. 2006-5, 7/10/2006, § 50-5]
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 Part. 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, Borough officials and citizens of
the Borough of Forty Fort.
[Ord. 2006-5, 7/10/2006, § 50-6]
1.
No person in any transient retail business shall:
A.
Sell any product, type of product or service not mentioned in his
license.
B.
Hawk or cry his wares upon any streets, alleys, sidewalks or public
grounds in the Borough. An ice cream truck may play its chimes, bells,
music, etc., between the hours of 11:00 a.m. and 8:00 p.m.; all other
times it is prohibited.
C.
When operating 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 there from to persons residing or working in the immediate
vicinity.
D.
Park any 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.
E.
Engage in any door-to-door 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 8:00 p.m. on any day of the week other than a Sunday
or legal holiday.
F.
Engage in any business activity at a fixed location at any time before
7:00 a.m. or after 8:00 p.m. between Monday through Saturday and before
8:00 a.m. or after 7:00 p.m. on a Sunday or legal holiday.
G.
Engage in any business activity along Borough streets without first
contacting the Chief of Police or officer-in-charge 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 permits from Pennsylvania Department of Transportation for
state thoroughfares.
[Ord. 2006-5, 7/10/2006, § 50-7]
1.
The Code Enforcement Officer and Police Department shall supervise
the activities of all persons holding licenses under this Part.
2.
The Police Department shall enforce all sections of this Part.
3.
The Code Enforcement Officer shall keep record of all licenses issued
hereunder and shall make a report thereof each month to Borough Council.
[Ord. 2006-5, 7/10/2006, § 50-8]
The Code Enforcement Officer is hereby authorized to suspend
or revoke any license issued under this Part when he deems such suspension
or revocation to be beneficial to the public health or safety for
violation of any provision of this Part or for giving false information
upon any application for a license hereunder. Appeals from any suspension
or revocation may be made to the Borough Council at any time, by writing,
within 10 days after such suspension or revocation. A suspension or
revocation may be overturned by the President of Council on a temporary
basis, until Council meets at a regularly scheduled meeting to vote
on the suspension or revocation. A suspension or revocation may be
overturned by Borough Council with a 2/3 vote. No part of a license
fee shall be refunded to any person whose license shall have been
suspended or revoked.
[Ord. 2006-5, 7/10/2006, § 50-8; as amended by
Ord. 2009-8, 12/7/2009]
1.
Fees applicable to this Part shall be in an amount as established
from time to time by resolution of Borough Council.
2.
The fee to be paid for a transient retail business license shall
be in an amount as established from time to time by resolution of
Borough Council and shall be collected by the Code Enforcement Officer
before he shall issue any license under provisions of this Part. Such
license shall be renewed monthly by the Code Enforcement Officer upon
payment of the license fee as herein provided.
3.
The fee to be paid for a solicitor's license shall be in an
amount as established from time to time by resolution of Borough Council
and shall be collected by the Code Enforcement Officer before he shall
issue any license under provisions of this Part. Such license shall
be renewed monthly by the Code Enforcement Officer upon payment of
the license fee as herein provided.
[Ord. 2006-5, 7/10/2006, § 50-11; as amended by
Ord. 2009-8, 12/7/2009]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, shall be sentenced to 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 Part continues or each section of this
Part which shall be found to have been violated shall constitute a
separate offense.
