[HISTORY: Adopted by the City Council of the City of Harrisburg by Ord. No. 128-1958. Amendments noted where applicable.]
Power to regulate transient retail merchants: see 3rd Class Code § 2620 et seq. (53 P.S. § 37620 et seq.).
For the purposes of this chapter, the following terms shall have the meanings indicated:
- TRANSIENT MERCHANT LAW
- This chapter of the Codified Ordinances.
- TRANSIENT WHOLESALE OR RETAIL BUSINESS
- Each and every business conducted or proposed to be conducted within the City temporarily or for a continuous period of less than 12 consecutive months, for the sale therein of any goods, wares or merchandise whatsoever, at either wholesale or retail, in any room, apartment, store, shop, building, railroad car, motor or other vehicle, stand, airplane, boat, open lot, or other structure by any person other than those persons specifically exempted in § 5-303.2.
The term "transient wholesale or retail business" does not comprise, include or apply to:
Any persons who have had their principal place of business in the City for a period of one year immediately preceding the commencement of such business;
Any person who has filed a bond with corporate surety approved by the City Solicitor in the sum of $2,500 with the City as sole obligee therein, conditioned to pay to the City the monthly license fees as provided in this chapter for the conduct of a transient wholesale or retail business in the event that the principal of such bond should not continue and remain in such business for a continuous period of 12 consecutive months, unless otherwise prevented by involuntary insolvency proceedings;
Farmers selling their own produce;
The sale of goods, wares and merchandise, the proceeds of which are to be applied to any religious, charitable or philanthropic purpose;
Any manufacturer or producer in the sale of bread and bakery products, meat and meat products, or milk and milk products;
Persons conducting judicial or other sales under legal proceedings;
Commercial and traveling or sales agents selling to dealers in the usual course of business;
Persons selling at circuses, street carnivals or other places of amusement who are otherwise duly licensed by the City;
Merchants previously established in the City who are by reason of fire or other circumstances compelled to lease temporarily until they can again be reestablished in a permanent location; or
Persons who do not sell from stock but exhibit samples only for the purpose of securing orders for future delivery only.
[Ord. No. 51-1982]
No person who would otherwise be conducting or engaging in a transient wholesale or retail business shall be exempted from the provisions of this chapter by reason of being temporarily associated with any local dealer, trader, merchant, or auctioneer, or by reason of conducting such business in connection with or as a part of the business of any such local person.
No person shall engage in any transient wholesale or retail business, whether as owner, agent, consignee, or employee, and whether a resident of the City or not, without first obtaining from the Tax Enforcement Administrator a license for each place of business to be operated. No license shall be transferable, and each license shall be posted conspicuously in the place of business named therein.
Application for such license shall be made and sworn to by the applicant on a form to be supplied by the Tax Enforcement Administrator and shall be filed with such official at least one week prior to commencement of the business. Such application shall set forth the following:
Applicant's full name, address and status, and the names and addresses of all agents proposed to be put in charge of the business;
Nature and character of the proposed business and length of time intended to be conducted;
Full information of the nature, character and quality of the goods, wares and merchandise to be sold or offered for sale, the invoice, value and quality of such goods, wares and merchandise, and the place where such goods, wares, and merchandise were manufactured or produced;
Representations and advertising relating to such business proposed or intended to be made; and
The place or premises where such business is to be conducted, together with a summary of the applicant's agreements with the owner of such place or premises relating to his occupancy thereof.
Upon receipt of the application provided, the Tax Enforcement Administrator shall cause such investigation to be made as is deemed necessary for the protection of the public good. If, as a result of such investigation, the applicant's character and business responsibility are found to be unsatisfactory, the application shall be denied.
Before a license shall be issued, the applicant shall execute and deliver to the Tax Enforcement Administrator a bond with corporate surety approved by the City Solicitor in the sum of $1,000, which bond shall be conditioned that the applicant shall fully comply with all of the provisions of the ordinances of the City and statutes of the Commonwealth of Pennsylvania regulating and concerning the sale of goods, wares and merchandise and will pay all judgments rendered against such applicant for any violation of the ordinances or statutes.
[Ord. No. 51-1982]
The amount of such license shall be $200 for each month or fractional part thereof during which any such business is conducted or carried on in the City, payable in advance to the City Treasurer. The license shall extend for a period of one month from the date of issuance thereof, unless sooner revoked, and shall be renewed monthly during the continuance of such business. Such license shall be in addition to all other license fees imposed by the City.
Any person who violates the provisions of this chapter shall be subject to the general code penalty, § 1-301.99 of these Codified Ordinances.