ARTICLE ITransient Retail Businesses (§ 155-1 — § 155-8)
§ 155-1Definitions; word usage.
§ 155-2License required; fees; exemptions.
§ 155-3Application for license.
§ 155-4Issuance of license.
§ 155-5Prohibited acts.
§ 155-6Supervision of licensees.
§ 155-7Suspension or revocation of license.
§ 155-8Violations and penalties.
As used in this article, the following terms shall have the meanings indicated:
- Any natural person, association, partnership, firm or corporation.
- TRANSIENT RETAIL BUSINESS
- Includes the following:
Engaging in peddling, canvassing, soliciting or taking orders, either by sample or otherwise, for any goods, wares or merchandise, upon any of the streets or alleys, sidewalks or public grounds, or from house to house, within the Borough of Duncannon; and
Selling, soliciting or taking orders for any goods, wares or merchandise from a fixed location within the Borough on a temporary basis, which shall include, but shall 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.
In this article, the masculine shall include the feminine and the neuter, the singular shall include the plural, and the plural shall include the singular.
No person shall engage in any transient retail business within the Borough of Duncannon without first having obtained from the Manager a license, for which a fee, which shall be for the use of the Borough, shall be charged, in an amount as set from time to time by resolution of the Borough Council.
No license fee shall be charged under this section:
To farmers selling their own produce;
For the sale of goods, wares and merchandise, donated by the owners thereof, the proceeds whereof are to be applied to any charitable of philanthropic purpose;
To any manufacturer or producer in the sale of bread and bakery products, meat and meat products, or milk or milk products; or
Established route salesmen.
All persons exempt hereby from payment of the license fee shall be required to register with the Manager and to obtain a license without fee.
Any person dealing in one or more of the hereinabove-mentioned exempted categories, and selling other goods, wares or merchandise not so exempted, shall be subject to the payment of the license fee fixed by this section for his activity in connection with the sale of goods, wares and merchandise not in such exempted categories.
The Manager 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 article shall be issued on an individual basis to 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. Group permits shall not be issued, each member of a group being required to have a separate license.
No license or license fee shall be required or charged under this section to any solicitor who is soliciting for any political, religious, charitable or philanthropic purpose or activity, nor will any such solicitor be required to register with any Borough official prior to commencing solicitation.
Every person desiring a license under this article shall first make application to the Borough Manager for such license. If such person shall also be required to obtain a license from any state or county officer, he shall, when making such application, exhibit a valid license from such state or county officer. The applicant shall give his name and address; his previous criminal record, if any; the type of goods, wares and merchandise he wishes to deal with in such transient retail business; the name and address of the supplier of such goods, wares and merchandise; the length of time for which such license is to be issued; and the type and license number of the vehicle to be used, if any.
Upon receipt of such application and the prescribed fee, the Manager, if he shall find such application in order, shall issue the license required under this article. 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 a 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 or residents of the Borough.
No person engaged in any transient retail business shall:
Sell any product or type of product not mentioned in his license;
Hawk or cry his wares upon any streets, alleys, sidewalks or public grounds in the Borough;
When selling from 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 therefrom to persons residing in the immediate vicinity;
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 cartons, wrapping material or of any stock or wares or foodstuffs which have become unsaleable through handling, age or otherwise;
Engage in such business, from house to house, at any time before 9:00 a.m. or after 5:00 p.m., except by appointment made in advance.
The Borough Manager shall supervise the activities of all persons holding licenses under this article, and he shall keep a record of all licenses issued hereunder and shall make a report thereof each month to the Borough Council.
The Borough Manager is hereby authorized to suspend or revoke any license issued under this article when he deems such suspension or revocation to be beneficial to the public health, safety or morals, or for violation of any of the provisions of this article, 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 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.
Any person who violates or permits a violation of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough before a Magisterial District Judge, pay a fine of not less than $25 nor more than $600, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. No judgment shall be imposed until the date of the determination of the violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Borough are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.