[HISTORY: Adopted by the Borough Council of the Borough of
Jacobus as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-30-1993 by Ord. No. 114 (Ch. 13, Part 2, of the
1984 Code of Ordinances); amended in its entirety 12-7-2011 by Ord. No.
2011-6]
A.
BOROUGH
PERSON
TRANSIENT RETAIL BUSINESS
As used in this article, the following terms shall have the meanings
indicated:
[Amended 12-1-2021 by Ord. No. 2021-1]
Jacobus Borough, York County, Pennsylvania.
Any natural person, association, partnership, firm, corporation
or other business entity, except that the definition shall not include
any person working without compensation and selling goods, wares or
merchandise for the sole benefit of any nonprofit, charitable, civil,
religious, or service organization.
Engaging in peddling, selling, canvassing, soliciting, huckstering
or taking orders, either by display, sample or otherwise, for any
goods, wares or merchandise, upon any of the streets, alleys, sidewalks
or public grounds, or from house to house, within the Borough of Jacobus.
B.
In this chapter, the masculine shall include the feminine and the
neuter; the singular shall include the plural; and the plural shall
include the singular.
A.
No person shall act as a transient retail business in the Borough
without first obtaining from the Borough a license, for which a particular
fee is imposed and established and will be set by resolution of the
Borough Council, from time to time.
B.
No license fee shall be charged under this section to farmers selling
their own produce or to any charitable or philanthropic organization;
provided, however that all persons exempted hereby from payment of
the license fee shall be required to register with the Borough and
to obtain a license without fee.
C.
Any person dealing in one or more of the exempted categories mentioned
hereinabove and selling other goods, wares or merchandise not so exempted
shall be subject to the payment of the license fee fixed by this section
for the transient retail business activities in connection with the
sale of goods, wares and merchandise not in such exempted categories.
D.
Every license issued under the provisions of this article shall be
issued on an individual basis to persons engaged in such business;
every such 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.
[Amended 12-1-2021 by Ord. No. 2021-1]
Any person, as defined herein, that does not have a permanent
or temporary fixed office or place of business within the Borough
shall be presumed to be a transient retail business regardless of
any representations to the contrary.
Every person desiring a license under this article shall first
make application to the Borough Secretary on a form prescribed by
the Borough. The applicant shall give his name and address; the name
of the person by whom he is employed; the type of goods, wares and
merchandise he wishes to deal with in such transient retail business;
the length of time for which such license is to be issued; and the
type and license number of the vehicle to be used, if any.
[Amended 12-1-2021 by Ord. No. 2021-1]
Upon receipt of such application and the prescribed fee, the
Borough Secretary shall issue the license required under this article,
provided the application is found to be in order. Such license shall
contain the information required to be given on the application therefor.
No license shall be issued for a period of more than six months. Every
license holder shall carry such license upon his person, if engaged
in a transient retail business from house to house or upon any of
the streets, alleys, sidewalks or public grounds. He shall exhibit
such license, upon request, to all police officers, Borough officials
and citizens and residents of the Borough.
A.
No transient retail merchant shall sell any product or type of product
not mentioned in such merchant's license.
B.
If a license is issued hereunder, such merchant shall not engage
in such retail business before 9:00 a.m. or after 9:00 p.m., prevailing
time, nor any time on Sunday, except by permission from the Borough
Secretary for special events. In the event the Borough Secretary is
absent or unavailable, then the responsibility for such permission
for an exception for special events shall rest with the President
of Borough Council, and if such person is absent or unavailable, it
shall rest with the Vice President of Borough Council, and if such
person is absent or unavailable, it shall rest with the Mayor.
[Amended 12-1-2021 by Ord. No. 2021-1]
C.
A license holder shall be prohibited from physically entering upon
a premises that is posted prominently with a "no soliciting," "no
salesmen," "no trespassing," "no vendors," or similar sign.
D.
Physical presence upon a premises for a period in excess of five
minutes after being asked to leave by anyone occupying or in possession
of the premises shall be prohibited.
The Borough Secretary is hereby authorized to suspend any license
issued under this article when he shall deem such suspension to be
beneficial to the public health, safety or morals or for violation
of any of the provisions of this article or for giving false information
upon any application for a license hereunder. Appeals from any such
suspension may be made to the Borough Council at any time within 10
days after such suspension. No part of a license fee shall be returned
to any person whose license shall have been suspended.
[Amended 7-3-2013 by Ord. No. 2013-3]
Any person who shall violate the provisions of this article
shall be subject to a summary criminal proceeding before the Magisterial
District Justice as provided by the Pennsylvania Rules of Criminal
Procedure, as may be amended from time to time. Upon a finding of
a violation, a fine of not less than $450 nor more than $1,000, plus
costs of prosecution, including court costs and reasonable attorney
fees incurred by the Borough to prosecute the violation, shall be
imposed, and such person may be subject to imprisonment of up to 15
days in the event such fines and costs are unpaid. Each day that such
violation(s) continues shall be a separate violation of this article.
