[HISTORY: Adopted by the Borough Council of the Borough of
Muncy 11-5-1991 by Ord. No. 422 (Ch. 13, Part 1, of the 1993 Code).
Amendments noted where applicable.]
A.
LEGAL HOLIDAY
PERSON
TRANSIENT RETAIL BUSINESS
(1)
(2)
As used in this chapter, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
New Year's Day, Memorial Day, Independence Day, Labor
Day, Thanksgiving Day, and Christmas.
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; 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 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 without first having obtained from the Borough Secretary-Treasurer
a license, for which a fee, which shall be for the use of the Borough,
shall be charged, established pursuant to a resolution of the Borough
Council.
A.
No license fee shall be charged:
(1)
To
farmers selling their own produce;
(2)
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;
(3)
To any manufacturer or producer in the sale of bread and bakery products,
meat and meat products, or milk and milk products;
(4)
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]
(5)
To the seeking or taking of orders by insurance agents or brokers
licensed under the insurance laws of the Commonwealth of Pennsylvania;
(6)
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; or
(7)
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-Treasurer
and obtain a license without fee; provided, 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, the Borough Secretary-Treasurer
may similarly exempt from payment of the license fee, but not from
registering with him, persons working without compensation and selling
goods, wares, or merchandise for the sole benefit of any nonprofit
corporation. Provided further: every license issued under the provisions
of this chapter 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.
[Amended 6-1-1993 by Ord. No. 428]
Every person desiring a license under this chapter shall first
make application to the Borough Secretary-Treasurer for such license.
The application will then be given to the Chief of Police or his designee
for review. When making an application, the individual shall exhibit
a valid photo license or a nondriver photo identification card. The
applicant may produce other photo identification, as approved by the
Chief, to verify identification. Photo identification cards from the
dealer or company represented will not be accepted. On the application,
the individual shall state:
A.
His full name, date of birth, social security number and complete
home address;
B.
His criminal record, if any;
C.
Name, address and phone number of the person by whom he is employed;
D.
Type of goods, wares, and merchandise he wishes to deal with in such
transient retail business;
E.
Length of time for which license is to be issued; and
F.
Make, model, color, and state registration number of the vehicle
to be used, if any.
[Amended 6-1-1993 by Ord. No. 428]
Upon receipt of such application and the prescribed fee, the
Borough Secretary-Treasurer, upon recommendation of the Chief of Police,
and after a forty-eight-hour waiting period, shall issue the license
required under this chapter. Such license shall contain the information
required to be given on the application therefor. Every license holder
shall carry such license upon his person if engaged in 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 at a fixed location.
He shall exhibit such license, and photo identification, 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 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;
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 unsaleable 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 5:00 p.m. on any day of the week other than a Sunday or legal
holiday.
[Amended 6-1-1993 by Ord. No. 428]
The Borough Secretary-Treasurer shall keep a record of all licenses
issued hereunder and shall make a report thereof each month to the
Borough Council. The Chief of Police, or his designee, shall supervise
all persons holding licenses while engaged in transient sales. The
Chief of Police will also make recommendations to the Borough Secretary-Treasurer
as to suspension, denial or revocation of any license.
The Borough Secretary-Treasurer is hereby authorized to deny,
suspend or revoke any license issued under this chapter when he deems
such denial, suspension or revocation to be beneficial to the public
health, safety, or morals, or for violation of any provision of this
chapter, or for giving false information upon any application for
a license hereunder. Appeals from any suspension, revocation or denial
of a license may be made to the Borough Council at any time within
10 days after such suspension, revocation or denial, and a hearing
shall be held within 30 days of the petition for appeal. No part of
a license fee shall be refunded to any person whose license shall
have been suspended or revoked.
[Amended 6-1-1993 by Ord. No. 428]
Any person, firm or corporation who shall violate any provision
of this chapter shall, upon conviction thereof, be sentenced to pay
a fine of not more than $600, and in default of payment, to imprisonment
for not more than 30 days. Individuals in violation shall immediately
surrender their permit, if one was issued, and all fees paid shall
be forfeited to the Borough. Each day that a violation of this chapter
continues shall constitute a separate offense.
