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Borough of Waterford, PA
Erie County
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[HISTORY: Adopted by the Borough Council of the Borough of Waterford as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 169.
[Adopted 7-14-1997 by Ord. No. 4-1997]
As used in this article, the following terms shall have the meanings indicated:
TRANSIENT RETAIL BUSINESS
A. 
Any natural person, partnership, association, corporation, or other legal entity engaging in pedaling, 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; or
B. 
Any natural person, partnership, association, corporation, or other legal entity 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 in advances specific yearly holidays.
C. 
Transient retail business shall not include:
[Added 3-5-2001 by Ord. No. 1-2001]
(1) 
Individuals selling their private property at their place of residence in what has become commonly known as a garage or yard sale; or
(2) 
Individuals authorized and permitted by the Waterford Heritage Committee to sell items during Waterford Heritage Days.
No person shall engage in any transient retail business within the Borough without first having obtained a transient retail business license from the Borough Secretary or other person or persons appointed and authorized by Borough Council ("Borough designee").
Every person desiring a license under this article shall first make application from the Borough designee for such license. The applicant shall remit to the Borough designee a nonrefundable application fee in an amount set by resolution of the Borough Council and provide the following information:
A. 
Name.
B. 
Address.
C. 
Phone number.
D. 
A list and description of the goods, wares, and merchandise the applicant wishes to sell.
E. 
The length of time for which the license is requested.
F. 
The model, make and license number of any vehicle to be used in transient business.
G. 
The names and addresses of any other individuals with ownership interest or employment or in any way working with or for the transient business.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 3-5-2001 by Ord. No. 1-2001; 7-12-2010 by Ord. No. 5-2010]
A. 
Upon receipt of such a license application and the prescribed fee, the Borough designee shall review the application. If the application is complete and without objection, the Borough designee shall issue the license required under this article. Such license shall contain the information required on the application. Every license holder shall maintain possession of the license and clearly display the license when operating from a fixed location. The applicant shall, upon request, produce the license upon the request of any Borough official, municipal official, citizen or resident of the Borough.[1]
(1) 
Exception: any authorized and permitted sellers by the Waterford Heritage Committee.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Issuance limitations during Waterford Heritage Days. During the three-day Waterford Heritage Days event each summer, with respect to food venders, the Borough designee shall be limited to issuing one license per property outside the park. The single license for food venders allotted for each property shall be issued to the first applicant submitting a complete and proper application under this article and payment of the application fee.
[Amended 3-5-2001 by Ord. No. 1-2001]
If approved, the applicant shall be charged the applicable fee as set by resolution of Borough Council at the first regular Borough Council Meeting each calendar year. Fees shall be charged to every entity conducting a transient retail business, and shall also be charged to every entity leaving a sales stand, sales cart, or other sales equipment or device unattended.
No license fee shall be charged for the sale of goods, wares, and merchandise, donated by the owners thereof, the proceeds of which are to be applied to any charitable or philanthropic purpose.
No person in any transient retail business shall:
A. 
Sell any product or type of product not mentioned in his license.
B. 
Sell goods, wares and merchandise on any of the streets, alleys, sidewalks, or public grounds in the Borough.
C. 
Sell products door-to door.
D. 
Leave a sales stand unattended.
The Borough designee shall supervise the activities of all persons holding license under this article. The designee shall keep a record of all licenses issued hereunder and shall make a report thereof each month to the Borough Council.
Borough Council may suspend or revoke any license under this article for the licensee's engaging in any of the prohibited acts or if the license applicant provided false information on his application. No part of the licensing fee shall be refunded to any person whose license shall have been suspended or revoked.
Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 plus costs, or in default of payment thereof, shall be subject to imprisonment for a term not to exceed 30 days. Each day that a person violated this article shall constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).