[HISTORY: Adopted by the Borough Council of the Borough of
Palmyra 9-15-1975 by Ord. No. 421 (Ch. XIII, Part 2, of the 1975 Borough
Code). Amendments noted where applicable.]
[Amended 6-27-1994 by Ord. No. 596; 5-28-1996 by Ord. No. 624]
A.
PERSON
TRANSIENT RETAIL BUSINESS
(1)
(2)
(3)
As used in this chapter, the following terms shall have the meanings
indicated:
Any natural person, association, partnership, firm or corporation.
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 Palmyra;
Selling, soliciting or taking orders for any goods, wares or
merchandise, from a fixed location upon any of the streets, alleys
or sidewalks of the Borough on a temporary basis, which may 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; and
B.
In this chapter, 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 Palmyra without first having obtained from the Chief
of Police a license, for which a fee shall be charged, which shall
be for the use of the Borough; the daily and yearly license fees shall
be established by resolution of the Borough Council. Provided, no
license fee shall be charged under this section: to farmers selling
their own production or produce; 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; or to any
manufacturer or producer in the sale of bread and bakery products,
meat and meat products, or milk or milk products; but all persons
exempted hereby from the payment of the license fee shall be required
to register with the Chief of Police and to obtain a license without
fee. Provided further: any person dealing in one or more of the above-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 activities in connection with the sale
of goods, wares and merchandise not in such exempted categories. Provided
further: the Chief of Police 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 organization. Provided further: every
license issued under the provisions of this chapter 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.
Every person desiring a license under the provisions of this
chapter shall first make application to the Chief of Police 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 state or county license. In such application, such
person shall give his name and address; his previous criminal record,
if any; the name of the person by whom he is employed; the type of
goods, wares and merchandise he wishes to deal with in such transient
retail business; the length of time for which such license is to be
issued; and the type and license number of vehicle to be used, if
any.
Upon receipt of such application and the prescribed fee, the
Chief of Police, 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 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 from a fixed location. He shall exhibit such
license, upon request, to all police officers, Borough officials and
citizens or residents of the Borough.
[Amended 6-27-1994 by Ord. No. 596]
No person engaging in any transient retail business shall:
A.
Sell any product or type of product not mentioned in his license;
B.
Hawk or cry any of his wares upon any of the streets, alleys, sidewalks
or public grounds in the Borough;
C.
When selling from 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 or working in the immediate
vicinity;
D.
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 carton or wrapping material
or of any stock or wares or foodstuffs which have become unsalable,
through handling, age or otherwise;
E.
When working from house to house, engage in such business at any
time on Sunday or at any time before 9:00 a.m. and after 9:00 p.m.
on any day of the week other than Sunday.
The Chief of Police shall supervise the activities of all persons
holding licenses under this chapter, and he shall keep a record of
all licenses issued hereunder, and shall make a report thereof periodically
to the Mayor and Council.
The Chief of Police is hereby authorized to suspend any license
issued under this chapter when he shall deem such suspension to be
beneficial to the public health, safety or morals, or for violation
of any provision of this chapter, or for giving false information
upon application for a license hereunder. Appeals from any suspension
may be made to the Borough Council at any time within 10 days after
such suspension. No part of a license fee shall be refunded to any
person whose license shall have been suspended.
The Council of the Borough of Palmyra may hereafter, by resolution,
limit the number of licenses to be issued to peddlers for use during
special events, celebrations, parades and large gatherings, so as
to prevent crowding and congestion and to maintain orderly control,
which licenses may be issued through the organization sponsoring the
event.
Any person who shall violate any provision of this chapter shall,
for every such violation, upon summary conviction thereof, be sentenced
to pay a fine of not more than $600 and costs of prosecution, and,
in default of payment of such fine and costs, to imprisonment for
not more than 30 days; provided, each day's violation of any
provision of this chapter shall constitute a separate violation.
