[Ord. 84-5, 6/19/1984, § 41; as amended by Ord.
89-06, 5/16/1989, § 1]
1.
The term "transient retail business", as used in this Part 3[1] shall mean and include the following:
A.
Engaging in peddling, selling, canvassing, soliciting, or taking
orders, either by sample or otherwise, for any goods, wares or merchandise,
books, paintings, upon any of the streets or alleys, sidewalks or
public grounds, or from house to house, within the Borough of Mifflinburg;
and
B.
Selling, soliciting, or taking orders for any goods, wares, or merchandise,
from a fixed location within the Borough, on a temporary basis.
C.
Calling at residences without previous consent of the occupant for
the purposes of soliciting orders, or seeking information or donations
without first having registered with the Mayor or the Secretary of
the Borough.
[1]
Editor's Note: Sections 41 to 50 of this chapter.
3.
The word "person", as used in the Part 3, shall mean any natural
person, partnership, association, firm or corporation.
[Ord. 84-5, 6/19/1984, § 42]
No person shall engage in any transient retail business within
the Borough of Mifflinburg without first having obtained from the
Mayor or the Secretary a license as herein provided.[1]
[1]
Editor's Note: In sections 43 and 45 of this chapter.
[Ord. 84-5, 6/19/1984, § 43]
Every person desiring to engage in any transient retail business
within the Borough shall first make application to the Mayor or the
Secretary for a license. The registrant shall give his complete identification,
both his permanent and local address, a personal description, including
age, weight, height, color of eyes and hair, and any previous criminal
convictions, if any, his signature, the name of his employer, the
nature of the products and services in which he is interested in[1]soliciting, the names and the manufacturers of such products,
or the organization which he is representing, the proposed methods
of operation in the Borough, a description of any carts or vehicles
to be used and any other information required or desired by the Mayor,
the Chief of Police, or by the Borough Council.
Where a person makes application for himself and one or more
helpers, all applicable personal information specified herein above
shall be required for each helper.
No license issued under this Part 3 shall be transferable from
one person to another.
[1]
In sections 43 and 45 of this chapter.
[Ord. 84-6, 6/19/1984, § 44; as amended by Ord.
93-09, 9/21/1993, § 1]
Except as exempted, each registrant shall pay to the Secretary
of the Borough a registration fee for a transient retail business
license as follows:
1.
Twenty-five dollars for one day;
2.
Eighty dollars for a license for each calendar year, or any fraction
thereof.
3.
No license fee shall be charged under this section:
A.
To farmers selling their own produce;
B.
For the sale of goods, wares, or merchandise, donated by the owners
thereof, the proceeds whereof are to be applied to any charitable
or philanthropic purpose; and,
C.
To any manufacturer or producer in the sale of bread and bakery products,
meat and meat products, or milk and milk products, but all persons
exempted hereby from payment of the license fee shall be required
to register with the Mayor or Secretary of the Borough and to obtain
a license without fee.
D.
Fraternal, national service, or civic organizations;
E.
Nonprofit corporations incorporated under and by virtue of the laws
of the Commonwealth of Pennsylvania which have obtained and are maintaining
an exempt status with the Internal Revenue Service from the payment
of income tax to the federal government;
F.
Sale to any established business, municipality, school or religious
institution.
4.
Any person dealing in one or more of the herein-above-exempted categories,
and selling other goods, wares and merchandise not so exempted, shall
be subject to payment of the license fee fixed by this section for
his activities in connection with the sale of goods, wares, and merchandise
not in the exempted categories.
5.
The Mayor 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.
6.
Every such license shall be issued on an individual basis to persons
engaging in such businesses; every such 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.
[Ord. 84-5, 6/19/1984, § 45]
1.
Every registrant, who shows evidence of good character and who is
required to pay and does pay the fee provided for in Section 44, shall
be furnished a certificate indicating that he or she has registered
and showing the dates covered by such registration.
2.
Individuals with previous convictions of a felony or misdemeanor
may be refused a certificate at the discretion of the Mayor or the
Secretary of the Borough.
3.
Each person, at all times when engaged in transient retail business
in the Borough, shall carry such license upon his person, or if operating
from a fixed location, shall post the same at such location. Such
person shall exhibit such license, upon request, to all police officers,
Borough officials, and citizens. No person, holding any such license,
shall engage in selling any product not mentioned in his license.
[Ord. 84-5, 6/19/1984, § 46]
No person engaged in any transient retail business shall:
1.
Hawk or cry his wares upon any of the streets or alleys, sidewalks,
or public grounds in the Borough.
2.
Use any loud speaker or horn or any other sound device, whether it
be carried on the person or attached to the vehicle, audible out of
doors, for any purpose in connection with such business.
4.
When selling from a cart or vehicle, stop or park such vehicle upon
any of the streets or alleys in the Borough for longer than necessary
to sell therefrom to persons residing in the immediate vicinity.
5.
Park any vehicle on 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, wrapping material,
or rubbish that has accumulated on, in, or about such vehicle, or
of any stock or wares or of foodstuffs which have become unsaleable
through handling, age, or otherwise.
6.
Place or deposit any refuse upon any street, alley, or sidewalk.
7.
Occupy any fixed location upon any of the streets, alleys, or sidewalks
in the Borough for the purpose of such transient retail business,
with or without any stand or counter.
[Ord. 84-5, 6/19/1984, § 47]
The Mayor shall keep a record of all licenses issued under this
Part 3[1] and the Chief of Police shall apply daily to the Mayor
for a list of all licenses issued hereunder since the previous day.
The Mayor and the Chief of Police shall supervise the activities of
all holders of such licenses.
[1]
Editor's Note: Sections 41 and 50 of this chapter.
[Ord. 84-5, 6/19/1984, § 48]
The Mayor or Chief of Police may revoke or suspend any such
license issued under this Part 3 when he deems such suspension to
be for the benefit of the health, safety, or morals of the Borough,
or for a violation of any of the provisions of this Part 3, or any
other ordinance of the Borough, or of any state or federal law, or
for giving false information upon any application for a license hereunder.
1.
Any person who is refused a registration certificate or has had his
certificate revoked may appeal such action to the Borough Council
in writing within 10 days after such refusal or revocation. Such person
shall be present at the time designated by the Borough Council for
a review of his appeal.
2.
No part of a license fee shall be refunded to any person whose license
shall have been revoked.
[Ord. 84-5, 6/19/1984, § 49]
Any person violating any of the provisions of this Part shall
upon conviction in a summary proceeding before a magistrate be sentenced
to pay a fine of not less than $25 and not more than $300 for each
violation, plus costs of prosecution, and in default of payment of
such fine and costs may be imprisoned for a period of one day for
each dollar of fine and costs remaining unpaid; provided, however
that each day's continuance of a violation of any of the provisions
of this Part shall constitute a separate and distinct offense.
[Ord. 84-5, 6/19/1984, § 50]
The provisions of this ordinance[1] shall be severable, and if any provision thereof shall
be held by any court of competent jurisdiction to be unconstitutional,
invalid or illegal, such decision shall not affect the validity of
any of the remaining provisions of this ordinance. It is hereby declared
as a legislative intent that this ordinance would have been enacted
had such unconstitutional, invalid or illegal provision not been included
therein.
[1]
Editor's Note: Sections 41 to 50 this chapter.
