[HISTORY: Adopted by the Borough Council of the Borough of Jacobus as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-30-1993 by Ord. No. 114 (Ch. 13, Part 2, of the 1984 Code of Ordinances); amended in its entirety 12-7-2011 by Ord. No. 2011-6]
As used in this article, the following terms shall have the meanings indicated:
- Jacobus Borough, York County, Pennsylvania.
- Any natural person, association, partnership, firm, corporation or other business entity, except that the definition shall not include any person working without compensation and selling goods, wares or merchandise for the sole benefit of any nonprofit, charitable, civil, religious, or service organization.
- TRANSIENT RETAIL BUSINESS
- Includes the following:
- (1) Engaging in peddling, selling, canvassing, soliciting, huckstering or taking orders, either by display, sample or otherwise, for any goods, wares or merchandise, upon any of the streets, alleys, sidewalks or public grounds, or from house to house, with the Borough of Jacobus; or
- (2) Selling, soliciting or taking orders for any goods, wares or merchandise from a fixed location within the Borough on a temporary basis, which may 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 particular yearly holidays.
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 act as a transient retail business in the Borough without first obtaining from the Borough a license, for which a particular fee is imposed and established and will be set by resolution of the Borough Council, from time to time.
No license fee shall be charged under this section to farmers selling their own produce or to any charitable or philanthropic organization; provided, however that all persons exempted hereby from payment of the license fee shall be required to register with the Borough and to obtain a license without fee.
Any person dealing in one or more of the exempted categories mentioned hereinabove 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 the transient retail business activities in connection with the sale of goods, wares and merchandise not in such exempted categories.
Every license issued under the provisions of this article shall be issued on an individual basis to persons engaged in such business; 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.
Any person, as defined herein, that does not have a fixed office or place of business within the Borough shall be presumed to be a transient retail business regardless of any representations to the contrary.
Every person desiring a license under this article shall first make application to the Borough Secretary on a form prescribed by the Borough. The applicant shall give his name and address; 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 the vehicle to be used, if any.
Upon receipt of such application and the prescribed fee, the Borough Secretary shall issue the license required under this article, provided the application is found to be in order. Such license shall contain the information required to be given on the application therefor. No license shall be issued for a period of more than six months. 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 and residents of the Borough.
No transient retail merchant shall sell any product or type of product not mentioned in such merchant's license.
If a license is issued hereunder, such merchant shall not engage in such retail business before 9:00 a.m. or after 9:00 p.m., prevailing time, nor any time on Sunday, except by permission from the Borough Secretary for special events. In the event the Borough Secretary is absent or unavailable, then the responsibility for such permission for an exception for special events shall rest with the President of Borough Council, and if such person is absent or unavailable, it shall rest with the Vice President of Borough Council, and if such person is absent or unavailable, it shall rest with the Mayor. However, a transient retail merchant engaging in a business from a fixed location within the Borough on a temporary basis may hereafter operate such transient retail business from the fixed location, during the term of the license issued for the same, without restriction as to operating hours.
A license holder shall be prohibited from physically entering upon a premises that is posted prominently with a "no soliciting," "no salesmen," "no trespassing," "no vendors," or similar sign.
Physical presence upon a premises for a period in excess of five minutes after being asked to leave by anyone occupying or in possession of the premises shall be prohibited.
The Borough Secretary is hereby authorized to suspend any license issued under this article when he shall deem such suspension 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 such 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 returned to any person whose license shall have been suspended.
[Amended 7-3-2013 by Ord. No. 2013-3]
Any person who shall violate the provisions of this article shall be subject to a summary criminal proceeding before the Magisterial District Justice as provided by the Pennsylvania Rules of Criminal Procedure, as may be amended from time to time. Upon a finding of a violation, a fine of not less than $450 nor more than $1,000, plus costs of prosecution, including court costs and reasonable attorney fees incurred by the Borough to prosecute the violation, shall be imposed, and such person may be subject to imprisonment of up to 15 days in the event such fines and costs are unpaid. Each day that such violation(s) continues shall be a separate violation of this article.