[HISTORY: Adopted by the Borough Council of the Borough of
Walnutport 3-21-1983 by Ord. No. 83-2 (Ch. 13, Part 2, of the 1983 Code
of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 390.
A.
LEGAL HOLIDAY
PERSON
TRANSIENT RETAIL BUSINESS
(1)
As used in this chapter, the following terms shall have the meaning
indicated:
Includes: New Year's Day, Memorial Day, Independence
Day, Labor Day, Thanksgiving Day, and Christmas.
Any natural person, partnership, association, corporation,
or other legal entity.
Includes the following:
Engaging in peddling, soliciting or taking orders, either by
sample or otherwise, for any goods, wares, or merchandise or celebrations,
for seasonal purposes, or for or in advance of specific yearly holidays.
B.
The singular shall include the plural, the plural shall include the
singular, and the masculine shall include the feminine and the neuter.
[Amended 8-13-1992 by Ord. No. 92-4; 3-12-1998 by Ord. No. 98-1; 1-12-2012 by Ord. No. 2012-02]
A.
No person shall engage in any transient retail business within the
Borough of Walnutport without first having obtained from the Borough
Secretary a license, for which a fee, which shall be for the use of
the Borough of Walnutport, shall be charged, as follows: $25 a day
or fraction thereof; $10 for one week or fraction thereof; $20 for
one month or fraction thereof. The fee may be amended from time to
time by Borough resolution. Provided, no license fee shall be charged
under this section:
(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 or Girl Scouts or similar organizations;
(6)
To the seeking or taking of orders by insurance agents or brokers
licensed under the insurance laws of the Commonwealth of Pennsylvania;
(8)
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.
But all persons exempted hereby from the payment of the license fee
shall be required to register with the Secretary and obtain a license
without fee. Provided further: 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 fixed by this section for his activities in connection
with the sale of goods, wares, and merchandise not in such exempted
categories, provided further: the Secretary may similarly exempt from
payment of 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. Provided further:
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 the licenses for the applicants
therein.
Every person desiring a license under this chapter shall first
make application to the Secretary 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, except a valid license
from such state or county officer. The applicant shall state:
A.
His criminal record, if any;
B.
The name and address of the person by whom he is employed;
C.
The type of goods, wares, and merchandise he wishes to deal with
in such transient retail business;
D.
The length of time for which license is to be issued; and
E.
The type and license number of the vehicle to be used, if any.
Upon receipt of such application and the prescribed fee, the
Secretary, 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 Borough of Walnutport.
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 Borough of Walnutport;
C.
When operating from a vehicle, stop or park such vehicle upon any
of the streets or alleys in the Borough of Walnutport 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 Borough
of Walnutport for the purpose of sorting, rearranging, or cleaning
any of his goods, wares, or merchandise or of disposing of any carton,
wrapping material or of any stock or wares or foodstuffs which have
become unsaleable 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 9:00 p.m. on any day of the week other than a Sunday or legal
holiday.
The Secretary shall supervise the activities of all persons
holding licenses under this chapter. The Secretary shall keep a record
of all licenses issued hereunder, and shall make a report thereof
each month to the Borough Council.
The Secretary is hereby authorized to suspend or revoke any
license issued under this chapter when it is deemed 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 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 shall violate any provision of this chapter shall,
upon conviction thereof, be sentenced to pay a fine of not less than
$100 nor more than $600 together with costs of prosecution, or to
undergo imprisonment for not more than 30 days. Provided: each violation
of any provision of this chapter, and each day the same is continued,
shall be deemed a separate offense.
