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Borough of Hanover, PA
York County
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Table of Contents
Table of Contents
Code
New Laws (13) Index
[HISTORY: Adopted by the Borough of Hanover 2-24-2021 by Ord. No. 2309.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 240, Licensing for Public Entertainment, Peddling and Soliciting, adopted 3-17-1937 by Ord. No. 521, as amended.
This chapter shall be known and may be cited as the "Hanover Borough Transient Retail Business Ordinance."
This chapter is adopted pursuant to and under the authority of the Borough Code, 8 Pa.C.S.A. § 101 et seq. and Section 2901 of the Borough Code, 8 Pa.C.S.A. § 2901.
A. 
As used in this chapter, the following terms shall have the meanings indicated:
AUTHORIZATION
License, permit or registration.
BOROUGH
The Borough of Hanover, York County, Pennsylvania.
BOROUGH COUNCIL
The Borough Council of the Borough of Hanover, York County, Pennsylvania.
BOROUGH MANAGER
The Borough Manager of the Borough of Hanover, York County, Pennsylvania.
BOROUGH POLICE
The Police Department of the Borough of Hanover, York County, Pennsylvania.
DONATION
An exchange of gift or money or other item of value and shall also include the purchase of an item for an amount exceeding its value under circumstances where a reasonable person would understand that the purchase is in substance a gift.
PEDDLER
Any person who shall engage in peddling, as defined herein.
PEDDLING
The selling or offering for sale of any goods, wares, services or merchandise for immediate delivery which the person selling or offering for sale carries with him in traveling, or has in his possession or control, upon any of the streets or sidewalks; or from house to house; or by visitation to private residences; or by entering in or upon private property within the said Borough.
PERSON
Includes any natural person, partnership, association, firm or corporation.
PROMOTER
Any person, as defined hereinabove, who organizes the gathering of two or more persons, as defined hereinabove, engaged in transient retail business.
SOLICITING
The seeking or taking of contracts or orders for any goods, wares, services or merchandise for future delivery, or for subscriptions or contributions, upon any of the streets or sidewalks; or from house to house; or by visitation to private residences; or by entering in or upon private property within the Borough of Hanover, and shall further mean seeking or taking of contracts or orders for home or other building repairs, improvements and alterations; and also orders or contracts for new mechanical, electrical, plumbing, or heating device or equipment for houses, or other building improvements or repairs upon or from the places aforesaid within the Borough.
SOLICITOR
Any person who shall engage in soliciting, as hereinabove defined.
TEMPORARY
A period of time of 30 consecutive days or less.
TRANSIENT MERCHANT
A person engaging in a transient retail business for the sale of personal property, goods and/or services, whether the business is conducted from a fixed location within the Borough or by an individual engaged in peddling, soliciting or the taking of orders from house to house, or at some other physical location, including agents and employees thereof.
TRANSIENT RETAIL BUSINESS
(1) 
Includes the following:
(a) 
Engaging in peddling, canvassing, soliciting or taking of orders, either by sample or otherwise, for any goods, wares or merchandise, upon any street or alley, sidewalk or public ground or from house to house or any other location within the Borough of Hanover.
(b) 
Selling, peddling, soliciting or taking orders for any goods, wares or merchandise from a fixed location within the Borough of Hanover, on a temporary basis, which shall 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. Flea markets are specifically included as a transient retail business.
(2) 
"Transient retail business" shall not include sidewalk sales conducted by merchants on the sidewalks in front of their establishments provided that the regular business of such merchants are nontemporary in nature and fixed in location at their said addresses.
(3) 
"Transient retail business" shall in no event include business conducted by persons having a nontemporary place of business within Hanover Borough or business conducted by a resident of Hanover Borough, whether or not such business would otherwise be characterized as transient retail business hereunder. This exclusion shall also apply to the agents, employees and/or helpers of such persons.
B. 
In this chapter, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.
A. 
A license or permit shall be required, however no fee shall be charged under this chapter for the following transient retail businesses:
(1) 
To farmers selling their own produce.
(2) 
To homeowners selling produce that has been cultivated and harvested from their property.
(3) 
For the sale of personal property if the proceeds of the sale are to be applied to a charitable or philanthropic purpose.
(4) 
To a manufacturer or producer in the sale of bread and/or bakery products, meats and/or meat products, and milk and/or milk products, excluding ice cream or another frozen dessert.
(5) 
To the seeking or taking of orders by insurance agents or brokers licensed under the insurance laws of the Commonwealth of Pennsylvania for insurance.
(6) 
To persons, their agents or employees who have complied with the provisions of the Solicitation of Funds for Charitable Purposes Act, December 19, 1990, P.L. 1200, No. 202, 10 P.S. § 162.1 et seq., as amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania.
(7) 
To any person taking orders for merchandise from dealers or merchants for resale to an ultimate consumer.
(8) 
To natural persons under the age of 18 years who take orders for and delivery of newspapers, greeting cards, candy, bakery products and the like, or representing the Boy Scouts or Girl Scouts or similar nonprofit organizations, the proceeds of which are provided to such nonprofit organizations.
(9) 
Yard sales which are regulated otherwise by Chapter 364 of the Hanover Borough Code.
B. 
Any person dealing in one or more of the above-mentioned exempted categories and dealing with other goods, wares, services or merchandise not so exempted, including the solicitation of donations, shall be subject to the application requirements and payment of the license fee fixed by this chapter for such person's activities in connection with a transient retail business, peddling, canvassing, soliciting or taking orders for goods, wares and services merchandise, not included in such exempted categories.
A. 
License required.
(1) 
Every person desiring to engage in any transient retail business, soliciting or peddling in the Borough of Hanover shall first file application with the office of the Borough of Hanover together with the license fee herein established. If such person shall also be required to obtain a license from any county officer, he shall, on making such application, exhibit a valid county license. The said application shall be upon a blank provided by said Borough office and shall contain at least the following information verified and made subject to penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities:
(a) 
Full name of the applicant and local address, if any.
(b) 
Permanent address.
(c) 
Name of employer or a statement that such applicant is self-employed.
(d) 
The nature of the goods, wares, services or merchandise offered for sale.
(e) 
Completed request for criminal record check (as fulfilled by and through the Pennsylvania State Police)
(f) 
The type and plate number of vehicle to be used, if any.
(g) 
The date on which transient retail business activities will commence and the date on which such activities will commence and the date on which such activities will terminate.
(2) 
Provided, where a person makes application for himself and one or more agents, employees and/or helpers, all applicable personal information specified above shall be given for each agent, employee and helper and verified by oath or affirmation by him.
(3) 
If the applicant desires to engage in any transient retail business, soliciting or peddling on private lands, they shall provide proof of the owner's acknowledgement for the activity and shall provide proof of a valid/approved change of use form pursuant to the Borough of Hanover Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 370, Zoning.
B. 
Every license granted under the provisions of this chapter shall be granted on an individual basis to persons engaging in such business and every individual shall be licensed, in his or her name, and the fee hereby imposed shall be applicable as set forth hereinafter.
C. 
A promoter who organizes and coordinates two or more persons engaged in transient retail business shall, on behalf of such persons, apply for and obtain the license required by Subsection A, above, in which case such license shall be approved for each such person in his or her name, for which a fee in the amount set forth hereinafter shall be imposed and paid by the promoter at time of application.
D. 
Every person, as defined herein, who rents a lot, parcel or space or otherwise grants a license or privilege to a transient retail business, or transient retail merchant to conduct transient retail business activities, on land and/or in buildings or structures owned by, or leased to, said person renting or granting said license or privilege to conduct transient retail business activities shall ascertain that each transient retail business and transient retail merchant has been licensed as required by this chapter before renting said lot, parcel or space or otherwise granting a privilege or a license to conduct transient retail business activities thereon or therein.
A. 
Subject to § 240-7, below, all applications for licenses, together with license fee, shall include the results of a request for criminal record check (as fulfilled by and through the Pennsylvania State Police), per § 240-8 below, shall be transmitted by the Borough Manager who shall license such applicant unless he or she shall determine that issuance would be detrimental to the health, safety and/or welfare of the citizens of Hanover Borough for a reason specified in § 240-13, below. Unless otherwise specifically exempted, all approved licensees will be required to obtain an identification badge as administered through the Borough.
B. 
The Borough Manager shall either license the applicant or send a notice of rejection of the application to the applicant within 10 days after the date on which a completed application is filed with the Borough office. Notice of rejection shall state the reason or reasons therefor.
In the event that any person, or the promoter acting in his behalf, is unable to obtain a license in the manner provided in § 240-6 hereof as a result of justifiable time constraints or any other reasonable cause, the Borough Manager or his/her designee may issue a license to such person upon the filing by such person of an application for a license together with the license fee herein required, if any, unless he determines that the application of such person should be rejected for a reason specified in § 240-13 below.
No application for a license shall be considered complete until such time as it includes the results of a request for criminal record check (as fulfilled by and through the Pennsylvania State Police) of the applicant(s) as is deemed necessary for the protection of the public welfare.
No application shall be accepted and no license shall be approved under this chapter until the license fee or fees shall be paid to the Borough, for the use of the Borough. Applications shall be filed for all persons who conduct transient retail business activities and shall apply where an employer desires to secure licenses for his employees, agents and/or helpers. The license fee(s) shall be as established per the adopted fee schedule, the amounts of which shall be set by resolution of the Borough Council.
The license granted pursuant to § 240-9 of this chapter shall be valid for the approved duration within the calendar year for which it has been approved. There will be no proration for applications submitted for less than a full calendar year. The application should specify the calendar year for which the applicant desires the license to be approved.
No transient retail merchant shall engage in selling any product or service not mentioned on his or her application for a license.
No person engaging in any transient retail business when working from house to house shall engage in such business upon any day of the week prior to 9:00 a.m. or after 7:00 p.m., except that this prohibition shall not apply to any person who shall have made an advance appointment with a prospective customer for a specific day and hour.
Licenses may be denied and licenses approved under the terms of this chapter may be revoked, by the Borough Manager (or his or her delegate) for any of the following causes:
A. 
Fraud, misrepresentation or false statement contained in the application for authorization.
B. 
Fraud, misrepresentation or false statement made in the course of the business of the person authorized or seeking authorization.
C. 
Any violation of this chapter.
D. 
Conviction of a crime involving moral turpitude.
E. 
Past or present conduct of a person authorized or seeking authorization in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
No person licensed under this chapter shall park any vehicle upon any of the streets, highways or alleys of the Borough in order to sort, rearrange or clean any of his goods, wares, services or merchandise; nor shall any such person place or deposit any refuse on any such streets, highways or alleys; nor shall any such person maintain or keep a street or curbstone market by parking any vehicle upon any street or alley in the Borough for longer than necessary in order to sell therefrom to persons residing in the immediate vicinity. No person in any transient retail business shall:
A. 
Sell any product or type of product not described in the license application submitted to the Borough or referred to on the license issued by the Borough.
B. 
Engage in any transient retail business activity at a location, a time or in a manner not specifically permitted pursuant to the license issued by the Borough.
C. 
When operating from a vehicle, stop or park such vehicle upon any street or alley of the Borough in violation of the Pennsylvania Vehicle Code or in violation of any Borough ordinance.
D. 
Remain at any location for a period longer than permitted pursuant to the license issued by the Borough.
E. 
Engage in any transient retail business activity at any time before 7:00 a.m. or after 9:00 p.m. unless associated with and consistent with permitted times of a special event which is held pursuant to a special event permit issued by the Borough or by prior written approval of the Borough where such transient retail business activity is not associated with an event requiring a special event permit.
F. 
Maintain any transient retail business related equipment, accessories or vehicles on streets, alleys, sidewalks, or public property of the Borough between the hours of 9:00 p.m. and 7:00 a.m. unless associated with and consistent with permitted times of a special event which is held pursuant to a special event permit issued by the Borough or by prior written approval of the Borough where such transient retail business is not associated with an event requiring a special event permit.
G. 
Conduct any transient retail business after suspension, revocation or expiration of the license issued by the Borough.
H. 
Block or unreasonably impede vehicular or pedestrian traffic.
I. 
Extend any cord, hose, tube, rope or other transient retail business related equipment or accessories across any street, alley or sidewalk to block or unreasonably impede vehicular or pedestrian traffic.
J. 
Block or in any manner restrict the use of sidewalks and pedestrian traffic thereon, including blockage of sidewalk curb cuts maintained for access onto Borough streets, alleys or sidewalks.
K. 
Fail to pay any Borough-mandated fees or to procure any required permits for use of metered parking spaces or for use of a fixed location within the Borough.
No person licensed under this chapter shall occupy any fixed location upon any of the streets, highways, alleys or sidewalks of the Borough for the purpose of a transient retail business with or without any stand or counter. Occupancy of a transient business within any parking area or public right-of-way shall be regulated under the appropriate parking, stopping and standing regulations.
The Borough police shall also keep a record of all licenses issued under this chapter and shall supervise the activities of all holders of such licenses.
No person licensed under this chapter shall hawk or cry his wares or services upon the streets or sidewalks of the Borough, nor shall be use any recording, electronic or otherwise, nor any loudspeaker, bell, whistle or other device for announcing his services by which the public is annoyed.
Any person aggrieved by the action of the Borough Manager (or his or her delegate) in denying authorization or in the decision with reference to the revocation of authorization shall have the right of appeal to the Borough Council of the Borough of Hanover. Such appeal shall be taken by filing with the Board, within five days after notice of the action complained of has been mailed to such person's last address or otherwise placed in his or her possession, a written statement setting forth the grounds for the appeal. The Borough Council shall set a time and place for a hearing on such appeal, which hearing shall be held and decision made not later than 30 days after the date of such filing.
Any person, firm or corporation who shall violate any provision of this chapter, upon conviction thereof in an action brought before a District Justice in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and reasonable attorney fees incurred by the Borough in the enforcement proceedings and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this chapter continues or each section of this chapter which shall be found to have been violated shall constitute a separate offense.
If any section, subsection, sentence, clause or phrase of this chapter is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. The Borough of Hanover hereby declares that it would have passed this chapter, and each section, subsection, clause or phrase thereof, irrespective of that fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.
Ordinance No. 521 and all ordinances or resolutions or parts of ordinances or resolutions which are inconsistent herewith are hereby repealed to the extent that the same are inconsistent with the terms of this chapter. Nothing in this chapter hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.