[HISTORY: Adopted by the Borough Council of the Borough of
Manheim as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-28-1975 by Ord. No. 443; amended in its entirety 7-14-1992 by Ord. No.
524 (Ch. 13, Part 1, of the 1992 Code)]
It shall be unlawful for any individual to solicit funds, peddle,
canvass, or take orders, either by sample or otherwise, upon the streets,
public streets, public alleys, sidewalks or from house to house in
the Borough of Manheim, or to solicit funds, sell or take orders for
any goods, wares or merchandise from a fixed location within the Borough
of Manheim 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 yearly holidays.
Section 160-1 shall not apply to the following:
A.
To farmers selling their own products.
B.
To the solicitation of funds or the sale of goods, wares and merchandise
donated by the owner thereof, wherein the funds or the proceeds are
to be applied exclusively to any charitable or philanthropic purpose.
C.
To any member of a local community service group, local athletic
association for youths, school or church group, Boy Scouts or Girl
Scouts, or similar organizations who solicit funds, sell goods or
take orders, wherein the proceeds are to be used exclusively for the
group represented.
A.
Every individual desiring to engage in those acts prohibited in § 160-1 of this article must register and obtain a license from the Police Department.
B.
Upon payment of the prescribed fee and compliance with § 160-3D, where applicable, the Police Department, if it finds that the application is in order, shall issue a license which shall be valid for not more than 30 days. The Police Department shall have a reasonable amount of time to issue said license in order to verify the information set forth in the application. The prescribed fee, which shall be required of each individual solicitor, shall be set from time to time by resolution of Borough Council.
C.
Said license shall be in the individual's possession while engaged
in the act of solicitation.
D.
Where P.L. 744, No. 241, enacted November 25, 1970,[1] is applicable pertaining to solicitation of magazine subscriptions
by the use of door-to-door salesman, no license shall be issued until
satisfactory proof is provided by the applicant that he or his organization
is registered with the Office of the Attorney General of the Commonwealth
of Pennsylvania and is currently licensed under this Act. Nothing
provided hereinabove shall prohibit the Police Department from taking
a reasonable amount of time to verify such proof of registration with
the Office of the Attorney General before the issuance of license.
[1]
Editor's Note: See 73 P.S. § 2011.
E.
Upon expiration of such license, the license may be renewed upon
payment of the prescribed fee for the period of time requested.
No person, while engaged in business as described in this article,
shall:
A.
Sell any product or type of product not mentioned in his license.
B.
Hawk or cry his wares upon any of the streets, alleys, sidewalks
or public grounds in the Borough.
C.
When operating from a vehicle, stop or park such vehicle upon any
of the streets or alleys in the Borough for longer than necessary
in order to sell therefrom to persons residing or working in the immediate
vicinity, or to cause traffic congestion by stopping whereby traffic
lanes are blocked.
D.
Park any vehicle upon 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 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 9:00 a.m.
or after 9:00 p.m. on any day of the week other than a Sunday or legal
holiday.
Any person violating the provision of this article shall, upon
conviction by a Magisterial District Judge, be sentenced to pay a
fine to the Borough of Manheim of not more than $600 plus costs of
prosecution for each and every offense and, in default of payment
of such fines and costs, to undergo imprisonment for a period not
exceeding 30 days.
[Adopted 3-29-2011 by Ord. No. 620]
The following words and phrases, when used in this article,
shall have the meanings subscribed to them in this section, except
where the context or language clearly indicates or requires a different
meaning:
The approved application of a nonprofit organization to conduct
a community event under the conditions of this article. A community
event permit provides a nonprofit organization with a license to sell,
distribute or display merchandise, and to promote the purposes of
nonprofit organizations within a designated public right-of-way in
the Borough.
A community event in the Borough that uses and occupies a
portion of a public right-of-way designated by the Borough for the
sale of merchandise by commercial retailers or for other promotions
by nonprofit organizations.
The Chief of the Hope Fire Engine and Hose Co. No. 1.
The Hope Fire Engine and Hose Co. No. 1.
Any person participating in a community event owning, operating,
managing or supervising a stand to sell merchandise or promote any
nonprofit organization purposes.
Any food or beverage items offered for sale to the public,
but not including newspapers, magazines, pamphlets, and handbills.
Any association or organization that qualifies for nonprofit
status under the applicable rules and regulations of the United States
Internal Revenue Service.
Any natural person, corporation, partnership, association,
club or society or any other form of association or organization.
The Chief of the Manheim Police Department.
The entire area legally open for public use within the boundary
lines of any government or municipally owned or maintained road, street,
alley, sidewalk, walkway, parking lot, square or mini park.
Any person owning or operating a store, restaurant or shop
from a permanent structure in the Borough.
A self-contained handcart, pushcart or towable device used
for the purpose of displaying, distributing, storing or transporting
merchandise.
Those locations in the Borough designated as "Market Square"
and Borough "Mini Park," at which a vendor shall be permitted to sell,
distribute or display merchandise.
The approved application of a person under the conditions
as set forth in this article. A vendor permit provides a person with
a license to sell, distribute or display merchandise at a designated
temporary outlet in the Borough. The fee for a vendor permit shall
be as established in the Borough's current Fees Resolution.
No person shall sell, display or distribute merchandise upon
a public right-of-way in the Borough without first obtaining a valid
vendor permit. Each vendor permit shall designate the location and
dates and times during which a person may sell, distribute or display
merchandise.
No shopkeeper shall be required to obtain a vendor permit to
sell, distribute or display merchandise in the public way immediately
in front of the store, restaurant or shop that he/she owns or operates.
However, all shopkeepers shall be subject to all other Borough ordinances
and to regulations on the use of temporary outlets set forth in this
article.
Any nonprofit organization seeking to conduct an event shall
apply for a community event permit at least 60 days prior to the proposed
date for the event. All events require a valid community event permit
granted by Borough Council, subject to the regulations for conducting
community events as set forth in this article.
On the days that events are held the shopkeeper exclusion under § 160-8 is partially suspended as follows, in that no shopkeeper shall sell, display or distribute merchandise upon a public right-of-way in the Borough on those days without first coordinating the placement and selection of merchandise offered for sale with the nonprofit organization conducting the event.
There shall be two locations for temporary outlets in the Borough
(parking spaces shall not be allowable locations):
Any person seeking the issuance of a vendor permit shall file
an application with the Borough office on the forms provided. An application
form for a vendor permit shall include the following information:
A.
Name, address, telephone number, and e-mail address of the person
seeking to obtain a vendor permit;
B.
A brief description of the nature of the person's business and
the merchandise to be sold, displayed or distributed;
C.
A statement describing the dimensions, construction and appearance
of the person's stand;
D.
A certificate of insurance shall be attached, issued to the applicable
vendor, for public liability, personal injury, and property damage
insurance in the amount of not less than $500,000 each occurrence,
and purchased from an insurance company authorized to do business
in the State of Pennsylvania and which carries an industry financial
rating of A- or better. The certificate of insurance shall indicate
that Manheim Borough is an additional named insured for the insurance
coverage provided.
E.
The applicant shall indemnify and hold the Borough harmless from
any and all liability, loss or damage, including but not limited to
bodily harm, injury or death, that the Borough becomes legally obligated
to pay, including reasonable attorneys' fees and court costs,
as a result of any claim, demand, cost or judgment against the Borough
arising out of any intentional or negligent act or omission of the
vendor; and
F.
A statement as to the specific term desired between April 1 and September
30.
A.
Submission of bids. Should the number of applicants seeking a vendor
permit for a temporary outlet exceed the number of temporary outlet
locations available, the Borough may require that all persons seeking
to obtain a vendor permit for a temporary outlet shall submit a sealed
bid in addition to an application for a vendor permit. Such applications
and bids shall be submitted to the Borough office in accordance with
deadlines established by the Borough Manager.
B.
Opening of bids. Bids shall be opened in a public area of the Borough
Building by the Borough Manager or his designee not more than four
nor less than two working days prior to the start of the temporary
outlet term.
C.
Award of temporary outlet for specific term. The minimum acceptable
bid for a temporary outlet with a term shall be the amount established
in the Borough's current Fees Resolution for a vendor permit.
The Borough Manager shall have the authority to reject any and all
bids.
Upon receipt of a complete and accurate application and accepted
bid (for a specific term temporary outlet), the Borough Manager may
issue a vendor permit to the person named in the application. The
Borough Manager may withdraw any vendor permit if he determines that
the information contained in the vendor permit application is false
or nonexistent in any material detail or if a vendor is determined
to have violated the provisions of this article.
All vendor permits issued by the Borough Manager shall be nontransferable,
nonnegotiable and nonassignable.
After obtaining a specific term temporary outlet vendor permit,
a vendor may be absent from his or her assigned temporary outlet for
a maximum of seven days per month due to illness, vacation or other
circumstances. Any vendor that is absent or fails or neglects to utilize
a temporary outlet for more than seven days per month shall notify
the Borough Manager and obtain written permission to avoid having
his or her vendor permit revoked.
The following payment options shall be required:
A.
Temporary outlets. The charge for a vendor permit for a temporary
outlet, payable upon receipt of the vendor permit, shall be as established
in the Borough's current Fees Resolution.
Upon issuance of a vendor permit, a vendor shall attach the
vendor permit to the front of his/her stand in such a manner so that
it is easily visible for the public to view.
A.
Maximum dimensions. Length: eight feet, by width: four feet, by height:
eight feet.
B.
Construction. All carts must be self-contained and towable or pushcart
in nature. Primary vehicle used to deliver the cart to the area business
may not remain attached to the cart or within the vicinity of the
business space.
C.
Umbrellas/canopies. An umbrella or canopy may be attached to the
stand so as to shelter the vendor. However, no umbrella or canopy
shall obstruct unreasonably the sight of pedestrians upon the public
right-of-way. All umbrellas or canopies must be securely attached
to the stand and must not exceed eight feet in height or six feet
in diameter. Canopies must not extend more than two feet in any direction
beyond the width or length of the stand.
D.
Removal at end of business day. All stands and belongings shall be
removed from the temporary outlet and the public right-of-way by sunset
of each business day.
E.
Inventory and business practices:
(1)
All inventory or supplies of the vendor shall be stored inside or
under the stand so as not to obstruct travel upon the public right-of-way.
(2)
Trash and solid waste. No vendor shall discharge or cause to be discharged
any trash, grease, ash or other form of solid waste onto any public
right-of-way or into any storm drain or public trash receptacle. Each
vendor shall make a trash receptacle and a recycling receptacle available
to the public at the temporary outlet location that he or she operates
and shall be responsible for collecting, removing and properly disposing
of all solid waste from his/her designated temporary outlet at the
end of each business day.
(3)
Open fires restricted. No vendor shall make or cause to be made an
open fire in any temporary outlet.
(4)
Health and food regulations. No vendor shall sell, display or distribute
alcoholic beverages. All vendors selling, distributing or displaying
food shall comply with all state, county and Borough health and food
laws and regulations, including, but not limited to, Pennsylvania
Food Safety Certification, Pennsylvania Eating and Drinking License,
and Pennsylvania Public Health Services Administration rules regarding
mobile food units and pushcarts.
(5)
Noise restrictions. No vendor shall make unreasonably loud outcries,
ring bells, blow horns, or use any noisy device for the purpose of
attracting attention to his or her stand or merchandise. No vendor
shall operate or cause to be operated any fuel-driven engine used
to generate electricity or heat.
(6)
Stands. Stands may not be left unattended at any time during the
hours of operation.
(7)
Signage. All signage must be professionally-designed and self-contained,
incorporated onto the stand and any umbrella or canopy, and meet all
other sign regulations currently in place. Total signage must not
exceed 24 square feet, and no one sign can be larger than four square
feet. Sandwich board signs shall be permitted up to two signs per
business for daily use, provided that each such sign shall not exceed
two feet by four feet, and provided the placement of such signs do
not limit clear site triangles or negatively impact other adjoining
vendors.
[Amended 6-12-2012 by Ord. No. 629]
(8)
Parking. All vendor and employee vehicles shall be parked in municipal
parking lots and shall not be parked in Market Square.
A.
Suspension of vendor permit. The Borough Manager may suspend, without
any refund of permit fees, the vendor permit of any person found to
be in violation of this article. On the day that a vendor permit is
suspended, the Borough Manager shall provide the vendor with written
notification informing him/her of the violations or reasons for the
suspension. Thereafter, the vendor shall have five working days to
correct the violations.
B.
Revocation of vendor permit. In the event a vendor does not correct
the violations outlined in the notice of suspension, the Borough Manger
may revoke the vendor permit. The Borough Manager shall provide a
vendor with written notification on the day the vendor permit is revoked.
C.
Temporary suspension of vendor permit for special events. The Borough
Manager shall temporarily suspend all vendor permits for the Manheim
Farm Show Parade, Market on the Square, Taste of Manheim, Christmas
Tree Lighting, New Year's Eve Dancing in the Streets, and Cruisin'
the Square Car Show. Interested vendors will be required to seek temporary
permits from the Manheim Community Farm Show Parade Committee or Manheim
Downtown Development Group, both of which have temporary vendor-permitting
authority for their respective events.
D.
Appeal procedure. Any vendor whose vendor permit has been revoked
shall have the right to appeal to Borough Council. The appeal request
shall be filed with Borough Council within five days after the revocation
of the vendor permit and shall be acted upon by the Borough Council
within 20 days after the receipt of the appeal notice. Upon such appeal,
Borough Council may reverse, affirm or modify in any regard the determination
of the Borough Manager. Borough Council shall issue a written decision
to the vendor aggrieved within 15 days of the conclusion of the appeal
hearing.
E.
Penalty. Any vendor determined to be in violation of this article
shall have his vendor permit revoked for a period of one year. Any
person not holding a vendor permit and found to be in violation of
this article shall be subject to a fine not to exceed $50 per day.
The Borough Manager may suspend the vendor permit provisions
and regulations set forth in this article for a period not to exceed
24 hours if he anticipates an event or combination of events to occur
in the Borough that he believes will cause significant traffic congestion
or possibly jeopardize the public safety and convenience.
Any nonprofit organization may apply to the Borough for a community
event permit to conduct an event for no more than one day, including,
but not limited to, the sale of merchandise by commercial retailers
or promotions by nonprofit organizations. A community event permit
gives a nonprofit organization the right to use Market Square, including
setting up boxes, shelves, stands and other devices to conduct sales
and promotions. The community event permit also gives the nonprofit
organization the right to require fees from commercial retailers that
participate in the event. All community event permits are subject
to the following terms and conditions:
A.
Application form. Any nonprofit organization seeking a community
event permit shall file an application with the Borough office on
the forms provided by the Borough.
B.
Issuance of community event permit. Borough Council may issue a community
event permit upon receipt of a complete and accurate application from
a nonprofit organization if the proposed event does not threaten the
health, safety and welfare of the public. Any community event permit
may be withdrawn by Borough Council if it is determined that the information
contained in the community event permit application is false or nonexistent
in any material detail or if a nonprofit organization is determined
to have violated any provisions of this article. All community event
permits issued by the Borough shall be nontransferable, nonnegotiable
and nonassignable.
C.
Certificate of insurance required: a certificate of insurance issued
to the applicable organization for public liability, personal injury
and property damage insurance in the amount of not less than $500,000
each occurrence and purchased from an insurance company authorized
to do business in the State of Pennsylvania which carries an industry
financial rating of A- or better. The certificate shall indicate that
Manheim Borough is an additional insured for the insurance coverage
provided. As a condition of the issuance of the community event permit,
the nonprofit organization shall file with the Borough within 20 days
of the issuance of the community event permit, a certificate of insurance
issued to the nonprofit organization for public liability insurance
for personal injury and property damage with limits and coverage as
required by the Borough.
D.
Fees. Community event permits shall be granted to nonprofit organizations
without payment of fees to the Borough. The nonprofit organization
may seek payment of fees from marketers that participate in the event
for fund-raising purposes.
E.
Fire Chief approval required. The nonprofit organization that is
granted a community event permit shall submit a written plan and sketch
to the Fire Chief at least seven days prior to the date of the community
event to show the proposed location of stands. The nonprofit organization
shall cooperate and coordinate with the Fire Chief in the planning
of the community event and in the location of stands so as to promote
public safety. No marketer shall make or cause to be made an open
fire in any stand without first obtaining a valid permit from the
Fire Company.
F.
Chief of Police approval required. The nonprofit organization that
is granted a community event permit shall submit a written plan and
sketch to the Chief of Police at least seven days prior to the date
of the event to show the proposed location of stands. The nonprofit
organization shall cooperate and coordinate with the Chief of Police
in the planning of the event and in the location of stands so as to
promote public safety.
G.
Trash and solid waste. No marketer shall discharge or cause to be
discharged any trash, grease, ash or any other form of solid waste
onto any public right-of-way or any storm drain. Each marketer shall
make a trash receptacle available to the public at the stand location
that he or she operates and owns and shall be responsible for collecting
and removing all solid waste from his/her designated stand at the
end of each business day of the event.
H.
Stand regulations. All stands used by marketers shall be constructed
in a sturdy manner so that there is no risk to the public of having
the stand collapse or break. All stands shall be removed from the
public right-of-way by the end of the last day of the street fair.
I.
Health and food regulations. No marketer shall sell, display or distribute
alcoholic beverages. All marketers selling, distributing or displaying
food shall comply with all state and county health and food laws and
regulations, including but not limited to Pennsylvania Public Health
Services Administration rules regarding mobile food units and pushcarts.
J.
Noise restrictions. No marketer shall make unreasonably loud outcries,
ring bells, blow horns, or use any noisy device for the purpose of
attracting attention to his or her stand. No marketer shall operate
or cause to be operated any fuel-driven engine used to generate electricity
or heat.
Whenever masculine, feminine or neuter pronouns appear, each
shall include all genders. Whenever a word in the singular form appears,
it shall include the plural form and vice versa, when the context
and facts so permit.
