[HISTORY: Adopted by the Town Council of the Municipality of Kingston 8-5-1991
as Ord. No. 1991-18. (This ordinance also repealed former
Ch. 165, Transient Retail Businesses, adopted 1-11-1971
by the Borough Council, as amended 2-11-1985.) Amendments
noted where applicable.]
A.
LEGAL HOLIDAY
PERSON
TRANSIENT MERCHANT
(1)
(2)
TRANSIENT RETAIL BUSINESS
As used in this chapter, the following terms shall have
the meanings indicated, unless a different meaning clearly appears from the
context:
New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving
Day and Christmas.
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 or merchandise upon any street, alley,
sidewalk or public ground or from house to house within the Municipality of
Kingston; or
Selling, soliciting or taking orders for any goods, wares or merchandise,
from a fixed location within the Municipality of Kingston, 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.
B.
The singular shall include the plural; the plural shall
include the singular; and the masculine shall include the feminine and the
neuter.
[Amended 10-7-1996 by Ord. No. 1996-4]
A.
No person shall engage in any transient retail business or transient merchant business within the Municipality of Kingston without first having obtained from the Code Enforcement Officer a license for which a fee shall be charged for the use of the municipality as specified in § 165-9.
B.
No person who is employed by, working for, soliciting for or 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 Municipality of Kingston without first having obtained from the Code Enforcement Officer a license for which a fee shall be charged for the use of the municipality as specified in § 165-9 under the heading "Solicitor."
A.
No license fee shall be charged for the following:
(1)
To farmers selling their own produce.
(2)
For the sale of goods, wares and merchandise donated
by the owners thereof, the proceeds whereof are to be applied to any charitable
or philanthropic purpose.
(3)
To any manufacturer or producer in the sale of bread
and bakery products, meat and meat products or milk and milk products.
(4)
To children under the age of 18 years 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.
(5)
To any honorably discharged member of any of the armed
services who complies with the Act of 1867, April 8, P.L. 50, 60 P.S. § 61
(1982), hereafter amended, supplemented, modified or reenacted by the General
Assembly of Pennsylvania, and who procures from the prothonotary a certificate
in pursuance of the Act of 1867.
(6)
To the seeking or taking of orders by insurance agents
or brokers licensed under the insurance laws of the Commonwealth of Pennsylvania.
(7)
To any person who has complied with the provisions of
the Solicitation of Charitable Funds Act, August 9, 1963, P.L. 628, 10 P.S.
§ 160-1 et seq.[1] (1982), as hereafter amended, supplemented, modified or reenacted
by the General Assembly of Pennsylvania.
[1]
Editor's Note: 10 P.S. § 160-1 et seq. was repealed
April 30, 1986 by P.L. 107, No. 36, § 19.
(8)
For taking orders for merchandise, by sample, from dealers
or merchants for individuals or companies who pay a license or business privilege
tax at their chief place of business.
B.
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 and merchandise 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 or merchandise for the sole
benefit of any nonprofit corporation. Every license issued under the provisions
of this chapter shall be issued on an individual basis to any person or persons
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.
[Amended 10-7-1996 by Ord. No. 1996-4]
A.
Every person desiring a license under this chapter 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, if such license is also required.
B.
The applicant shall state:
(1)
His criminal record, if any.
(2)
Name and address of the person by whom he is employed.
(3)
Type of goods, wares and merchandise he wishes to deal
with in such transient retail business.
(4)
Length of time for which license is to be issued.
(5)
Type and license number of the vehicle to be used, if
any.
C.
The applicant shall provide:
(1)
A Social Security Card.
(2)
A proof of residence in a form which is acceptable to
the Code Enforcement Officer.
(3)
If the individual possesses a valid driver's license,
he or she must present the same.
(4)
A form of photo ID, which could be a valid driver's
license.
(5)
A valid credit card or bank reference. The bank reference
can be in a form of a current bank statement or any checking or savings account,
which must have the applicant's name appearing thereon.
D.
The applicant shall be required to submit to taking of
a photograph by an employee or an agent of the municipality prior to the issuance
of any license.
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 chapter. 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, municipal officials and citizens or residents
of the Municipality of Kingston.
No person in any transient retail business shall:
A.
Sell any product or type of product not mentioned in
his license.
B.
Hawk or cry his wares upon any of the streets, alleys,
sidewalks or public grounds in the municipality.
C.
When operating from a vehicle, stop or park such vehicle
upon any of the streets or alleys in the municipality for longer than necessary
in order to sell therefrom to persons residing or working in the immediate
vicinity.
D.
Park any vehicle upon any of the streets or alleys in
the municipality 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 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 6:00 p.m. on any day of the week other than a Sunday or legal holiday.
F.
Engage in any business activity along municipal streets
without first contacting the Code Enforcement Officer and the Chief of Police
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 all necessary permits from Pennsylvania Department of Transportation
for state thoroughfares.
The Code Enforcement Officer shall supervise the activities of all persons
holding licenses under this chapter. He shall keep a record of all licenses
issued hereunder and shall make a report thereof each month to the Mayor.
The Code Enforcement Officer 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, 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 may be
made to the Town 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 10-7-1996 by Ord. No. 1996-4]
B.
The fee to be paid for a Transient Merchant License shall
be $50 for each month or fractional part thereof and shall be collected by
the Mayor before he shall issue any license under provisions of this chapter.
Such license shall be renewed monthly by the Mayor upon payment of the license
fee as herein provided.
C.
The fee to be paid for a Transient Retail Business License
shall be $175 for each month or fractional part thereof and shall be collected
by the Mayor before he shall issue any license under provisions of this chapter.
Such license shall be renewed monthly by the Mayor upon payment of the license
fee as herein provided.
D.
The fee to be paid for a Solicitor's License shall
be $15 for each month or fractional part thereof and shall be collected by
the Mayor before he shall issue any license under provisions of this chapter.
Such license shall be renewed monthly by the Mayor upon payment of the license
fee as herein provided.
E.
All fees can be modified by Resolution of the Town Council.
[Amended 10-7-1996 by Ord. No. 1996-4]
Any person, firm or corporation who shall violate any provision of this
chapter, upon conviction thereof, shall pay a fine of $500 and, in default
thereof, be sentenced to a term of imprisonment of not more than 30 days.
Each day that a violation occurs or continues shall constitute a separate
offense.
