[HISTORY: Adopted by the Borough Council
of the Borough of Kutztown 5-1-1939. Amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See
Ch. 160.
[Amended 12-26-1995 by Ord. No. 12-1995; 3-11-2003 by Ord. No. 1-2003]
A.
Pursuant to the power of the Council of the Borough
of Kutztown to regulate and license each and every transient retail
business within the Borough for the sale of goods, wares and/or merchandise;
each and every transient retail business within the Borough of Kutztown
for the sale of goods, wares and/or merchandise is prohibited from
commencing or doing any such business until or unless the license
required by this chapter has been procured from the Kutztown Borough
Police Department by the person, partnership, trust, firm, corporation
or other entity desiring to commence or carry on such retail business.
B.
PERSON
PUBLIC RECREATION AREAS
TRANSIENT RETAIL BUSINESS
As used in this chapter, the following terms shall
have the meanings indicated:
[Amended 4-21-2009 by Ord. No. 3-2009]
Any individual, firm, partnership, association, corporation
or similar entity.
Any areas owned by the Borough of Kutztown and established
and designated as a public park, pool or other recreational area.
A person or persons engaging in the advertising, promoting,
selling and/or explaining of any product, service or a business organization,
or soliciting orders for the sale of goods, wares, merchandise or
services, in person, on public or private property.
C.
Applications. All applications for a transient retail
business license must be submitted to the Kutztown Borough Police
Department during regular business hours and must contain the following
information:
[Amended 7-20-2021 by Ord. No. 3-2021]
(1)
The
name, address and phone number of the person, firm, or business organization
under which the transient retail business will be conducted.
(2)
The
name, date of birth and address of all persons who will be conducting
the transient retail business.
(3)
Such
other information as may be requested by the Kutztown Borough Police
Department pertaining to the application for a transient retail business
license.
(4)
A certificate
of insurance naming the Borough as an additional insured in an amount
acceptable to the Borough.
(5)
Any
applicant intending to serve, prepare or sell food or alcohol shall
provide the appropriate ServSafe Certification or its equivalent.
(6)
Any
applicant intending to serve alcoholic beverages shall provide proof
of a liquor license permitting the applicant to serve same at the
desired location.
[Amended 12-26-1995 by Ord. No. 12-1995; 3-11-2003 by Ord. No. 1-2003]
A.
The following are exempted from the requirements of this Chapter 206:
(1)
Farmers selling their own produce;
(2)
The sale of goods, wares and merchandise, the proceeds
of which are for the benefit of any religious institution or public,
private or parochial school; or
(3)
Any individual, group or organization engaging in
the public advocacy of or solicitation for a political and/or religious
cause or causes.
B.
In addition to the above listed exemptions, any vendors attending any event authorized by the Borough Council of the Borough of Kutztown, including but not limited to a preplanned event occurring at the Kutztown Fairgrounds, or any other social event intended for entertainment or educational purposes are hereby exempted from the requirements of this Chapter 206.
[Added 3-11-2003 by Ord. No. 1-2003;
amended 5-20-2021 by Res. No. 8-2021; 5-20-2021 by Ord. No. 2-2021; 7-20-2021 by Ord. No. 3-2021]
Each and every person, firm, partnership, trust,
corporation or other entity required by the foregoing section to procure
the required transient retail business license shall submit a license
fee in an amount as approved by resolution of Borough Council, from
time to time, and kept on file in the Office of the Borough Secretary,
along with an application to the Kutztown Borough Police Department.
All licenses issued pursuant to this chapter shall remain in effect
for 30 days from the date of issue.
[Added 4-21-2009 by Ord. No. 3-2009]
A.
No person shall operate a transient retail business within a public
recreation area located in the Borough of Kutztown.
B.
No person shall enter or remain upon any public recreation area for
the purpose of conducting a transient retail business or for the sale
of goods, services, or any other thing of value, when a "No Solicitation"
sign has been posted at or near the entrance of said public recreation
area.
C.
Exceptions. The prohibitions listed above shall not apply to bona
fide religious, charitable, school and civic organizations or other
organizations eligible for exemption under Section 501(c) of the Internal
Revenue Code.
D.
The prohibitions listed above shall not apply to any person engaged
in distribution of noncommercial information in the exercise of such
person's First Amendment rights under the United States Constitution.
[Amended 4-21-2009 by Ord. No. 3-2009]
Upon failure of said person, firm or corporation to secure such
license as required by this chapter, said person, firm or corporation
shall pay a fine or penalty of $25, to be collected as other fines
and penalties are by law collectible and, in default of payment of
said fine or penalty, shall be imprisoned in the county jail for a
period not exceeding 30 days.
