[HISTORY: Adopted by the Borough Council
of the Borough of Media 9-16-1976 by Ord. No. 653. Amendments noted where
applicable.]
Hereinafter it shall be unlawful for any person,
firm or corporation, whether as a principal or agent, to commence
or to do a transient retail business for the sale of any goods or
merchandise whatsoever or to hire, lease or occupy enclosed space
within any structure in the Borough of Media for the exhibition or
sale of such goods or merchandise or for the taking of orders for
goods or merchandise to be delivered at a subsequent date without
first procuring a license so to do from the Secretary of the Borough
of Media, for which a fee of $50 per month or fractional part thereof
shall be paid.
[Amended 8-16-2012 by Ord. No. 1098]
A.
It shall
be unlawful for any person to sell or peddle, either with or without
a vehicle, any goods or merchandise, produce or articles or services
of whatever kind or to do or perform anything of a commercial nature
utilizing the streets or the rights-of-way of the Borough therefor
or to canvass or solicit money, gifts or contributions for any purpose
unless and until the sale or solicitation shall be registered with
the Secretary of the Borough of Media by giving the name, address,
business, principal and purposes of such sale or solicitation as well
as supplying any other information as may be required which may assist
the police of the Borough of Media in the regulation and safeguarding
of health and property.
B.
In addition to registering as required by § 219-2A above, it shall be unlawful for any person to sell or peddle, either with or without a vehicle, any goods or merchandise, produce or articles or services of whatever kind or to do or perform anything of a commercial nature utilizing the streets or the rights-of-way of the Borough therefor or to canvass or solicit money, gifts or contributions for any purpose other than for a purely public, charitable, religious or educational purpose, unless and until such person shall have provided the Media Borough Police Department with a criminal background check from the Commonwealth of Pennsylvania and the state of residence of the applicant if the applicant is not a resident of the Commonwealth of Pennsylvania.
C.
Where a
person makes application for himself and one or more helpers, all
applicable personal information and the criminal background check(s)
specified above shall be given for each helper, and an individual
license shall be required for each helper.
D.
A license
will not be issued to any person who has been convicted of a felony
or any misdemeanor where that misdemeanor relates to public safety
or otherwise demonstrates that the applicant is not fit to receive
a license to enter onto the properties of residents for the purposes
of solicitation.
All peddlers, hawkers, hucksters, vendors, agents,
solicitors, canvassers, salesmen and distributors not engaged in interstate
commerce and not acting for a purely public, charitable, religious
or educational purpose, for the purpose of transacting any business
in said borough, shall procure a license to do so from the Secretary
of the Borough of Media and shall pay therefor the sum of $20 per
year, which license shall be valid for the remainder of the calendar
year during which the license is issued.
Nothing herein is intended to permit any holder
of a license to create a nuisance or to establish a danger to the
health or safety of persons or property within the Borough of Media
or to establish or use the sidewalks of the borough as a place of
business. The general use of the sidewalks as a principal place of
business for sales purposes is forbidden. Licenses granted to individuals
are not transferable.
Nothing herein is intended to permit or authorize
the canvassing or soliciting of sales or services upon private property,
that is, residences, apartments or business establishments, in the
Borough of Media without first obtaining the permission or actual
or tacit invitation of the owners or occupiers of the property to
enter upon the property for the purpose of canvassing or soliciting
the sale of goods or merchandise or services. Such activities without
such permission or invitation are declared to be a violation of this
chapter.
All licenses shall be revocable at any time
by resolution of the Council of the Borough of Media. Licenses are
subject to revocation upon the violation of any section of this chapter.
The revocation by the Council of the Borough of Media may be for the
remainder of the license year and may also contain a prohibition of
the issuance of a license to the person whose license has been revoked
for such period of time in the future as the Council of the Borough
of Media may determine.
In addition to the penalty of revocation, any
violation of the provisions of this chapter shall be subject to the
penalty of a fine of not less than $25 and not to exceed $300 for
each offense. Each day's continuation of the violation of the terms
of this chapter shall be deemed a separate offense. A default of the
payment of the fine imposed under this chapter may result in imprisonment
for a period not to exceed 30 days.
Nothing herein is intended to be applied to religious, charitable, educational or philanthropic institutions, but all such persons or organizations must nevertheless register with the Secretary of the Borough of Media and furnish the information as provided in § 219-2 hereof. Failure to register may result in penalties as set forth in § 219-6 hereof.
The Council of the Borough of Media may, by
a resolution, authorize the issuance of a license for the conduct
of certain events in the Borough of Media by application of the sponsor
thereof, which events anticipate the sale of merchandise by numerous
sales persons during a specified and limited day or days, utilizing
the streets or sidewalks of the Borough of Media. The fee therefor
shall be as established by resolution of the Council of the Borough
of Media.
[Added 3-17-1983 by Ord. No. 742]
