[HISTORY: Adopted by the Borough Council of the Borough of
Paxtang as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Garage and yard sales — See Ch. 229.
[Adopted 1-15-1991 by Ord. No. 522 (Part 6, Ch. 2, Art. D,
of the 1994 Code of Ordinances)]
A.
LEGAL HOLIDAY
PERSON
TRANSIENT RETAIL BUSINESS
(1)
(2)
As used in this article, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
Any legal holiday recognized by the Commonwealth of Pennsylvania
in 44 P.S. § 11.[1]
Any natural person, partnership, association, corporation
or other legal entity.
Engaging in peddling, soliciting or taking orders, either by
sample or otherwise, for any goods, wares or merchandise upon any
street, alley, sidewalk or public ground, or from house to house,
within the Borough of Paxtang; or
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 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.
B.
The singular shall include the plural; the plural shall include the
singular; and the masculine shall include the feminine and the neuter.
No person shall engage in any transient retail business within
the Borough of Paxtang without first having obtained from the Paxtang
Borough Secretary a license, for which a fee, depending on the length
of license requested and as set by resolution of Borough Council from
time to time, shall be charged.[2] Fees shall be for the use of the Borough.
A.
No license fee shall be charged:
(1)
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;
(2)
To any manufacturer or producer in the sale of bread and bakery products,
meat and meat products, or milk and milk products;
(3)
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;[1]
(4)
To the seeking or taking of orders by insurance agents or brokers
licensed under the insurance laws of the Commonwealth of Pennsylvania;
(5)
To any person who has complied with the provisions of the Solicitation
of Funds for Charitable Purposes Act, 10 P.S. § 162.1 et
seq., as hereafter amended, supplemented, modified or reenacted by
the General Assembly of Pennsylvania; and[2]
(6)
For 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 Borough Secretary and obtain
a license without fee; provided that 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, that the Borough Council
may similarly exempt from payment of the license fee, but not from
registering, persons working without compensation and selling goods,
wares or merchandise for the sole benefit of any nonprofit corporation;
provided, further, that every license issued under the provisions
of this article 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
licenses for the applicants therein.
Every person desiring a license under this article shall first
make application to the Borough Secretary for such license and shall,
when making such application, exhibit a valid license from any state
or county officer, if such license is also required. The applicant
shall state:
A.
His criminal record, if any;
B.
Name and address of the person by whom he is employed;
C.
Type of goods, wares and merchandise he wishes to deal within such
transient retail business;
D.
Length of time for which license is to be issued; and
E.
Type and license number of the vehicle to be used, if any.
Upon receipt of the application and the prescribed fee, the
Borough Secretary, if he/she finds the application in order, shall
issue the license required under this article. The license shall contain
the information required to be given on the application therefor.
Every license holder shall carry the license upon his person if engaged
in transient retail business from house to house or upon any street,
alley, sidewalk or public ground, or he shall display the license
at the location where he engages in such business if doing so at a
fixed location. He shall exhibit the license, upon request, to all
police officers, municipal officials and citizens or residents of
the Borough.
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 street, alley, sidewalk or public
grounds in the Borough;
C.
When operating from a vehicle, stop or park that vehicle upon any
street or alley 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 street or alley 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
stock wares or foodstuffs which have become unsalable 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 10:00
a.m. or after 9:00 p.m. on any day of the week other than a Sunday
or legal holiday.
The Police Department shall supervise the activities of all
persons holding licenses under this article. The Borough Secretary
shall keep a record of all licenses issued hereunder and shall make
a report thereof from time to time as Council shall request.
The Police Chief is 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, for violation
of any provision 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 Council at any time within 10 days after
suspension or revocation. No part of a license fee shall be refunded
to any person whose license shall have been suspended or revoked.
[Amended 12-15-1992 by Ord. No. 535]
Any person, firm or corporation who violates any provision of
this article shall, upon conviction, for every such violation, be
sentenced to pay a fine of not more than $600 and costs of prosecution
and, in default of payment of fine and costs, to undergo imprisonment
for not more than 30 days, provided that each day on which a violation
of this article continues shall constitute a separate offense.
