[Ord. 178, 2/21/1956; as revised by Ord. 416, 4/22/1991]
As used in this Part, 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 of East Lansdowne; or
selling, soliciting, or taking orders for any goods, wares,
or merchandise, from a fixed location within the Borough of East Lansdowne,
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 or in advance of specific yearly holidays.
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The singular shall include the plural; the plural shall include
the singular; and the masculine shall include the feminine and the
neuter.
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[Ord. 178, 2/21/1956; as revised by Ord. 416, 4/22/1991]
No person shall engage in any transient retail business within
the Borough of East Lansdowne without first having obtained from the
Police Department a license, and the payment of a license fee as established
by resolution of Borough Council. Such license fees shall be remitted
by the Police Department to the Borough Treasurer by the Council meeting
next following. No abatement of the license fee shall be made for
any fractional part of a year ending March 31 following date of issue.
[Ord. 178, 2/21/1956; as revised by Ord. 416, 4/22/1991]
No license fee shall be charged:
A.
to farmers selling their own produce;
B.
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;
C.
to any manufacturer or producer in the sale of bread and bakery products,
meat and meat products, or milk and milk products;
D.
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;
E.
to any honorable discharged member of any of the armed services who
complies with the Act of 1867, April 8, P.L. 50, 60 P.S. § 61
(1982), hereafter amended, supplemented, modified or reenacted by
the General Assembly of Pennsylvania, and who procures from the Prothonotary
a certificate in pursuance of the Act of 1867;
F.
to the seeking or taking of orders by insurance agents or brokers
licensed under the insurance laws of the Commonwealth of Pennsylvania;
G.
to any person who has complied with the provisions of the Solicitation
of Charitable Funds Act, August 9, 1963, P.L. 628, 10 P.S. § § 160-1
et seq. (1982), as hereafter amended, supplemented, modified or reenacted
by the General Assembly of Pennsylvania; or
H.
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.
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But all persons exempted hereby from the payment of the license
fee shall be required to register with the Police Department 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 [designated official]
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 Part 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 therein.
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[Ord. 178, 2/21/1956; as revised by Ord. 416, 4/22/1991]
Every person desiring a license under this Part shall first
make application to the Police Department for such license. He shall,
when making such application, exhibit a valid license from any state
or county officer, if such license is also required. The applicant
shall state:
A.
his criminal record, if any;
B.
name and address of the person by whom he is employed;
C.
type of goods, wares, and merchandise he wishes to deal with in such
transient retail business;
D.
length of time for which license is to be issued; and
E.
type and license number of the vehicle to be used, if any.
[Ord. 178, 2/21/1956; as revised by Ord. 416, 4/22/1991]
Upon receipt of such application and the prescribed fee, the
Police Department, if it shall find such application in order, shall
issue the license required under this Part. 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, upon
request, to all police officers, municipal officials, and citizens
or residents of the Borough of East Lansdowne.
[Ord. 178, 2/21/1956; as revised by Ord. 416, 4/22/1991]
No person in any transient retail business shall:
1.
sell any product or type of product not mentioned in his license;
2.
hawk or cry his wares upon any of the streets, alleys, sidewalks,
or public grounds in the Borough;
3.
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;
4.
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;
5.
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 7:00 P.M. on any day of the week other than a Sunday or legal
holiday.
[Ord. 178, 2/21/1956; as revised by Ord. 416, 4/22/1991]
The Police Department shall supervise the activities of all
persons holding licenses under this Part. He shall keep a record of
all licenses issued hereunder and shall make a report thereof each
month to the Borough Council.
[Ord. 178, 2/21/1956; as revised by Ord. 416, 4/22/1991]
The Chief of Police is hereby authorized to suspend or revoke
any license issued under this Part when he deems such suspension or
revocation to be beneficial to the public health, safety, or morals,
for violation of any provision of this Part, or for giving false information
upon any application for a license hereunder. Appeals from any suspension
or revocation may be made to the Borough Council at any time within
10 days after such suspension or revocation. No part of a license
fee shall be refunded to any person whose license shall have been
suspended or revoked.
[Ord. 178, 2/21/1956; as amended by Ord. 311, 12/10/1973;
and by Ord. 401, 7/11/1988; and revised by Ord. 416, 4/22/1991]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine not less than $25 nor more than $600 plus costs, and in default
of payment of said fine and costs, to a term of imprisonment not to
exceed 30 days. Each day that a violation of this Part continues shall
constitute a separate offense.
