[Ord. 680, 12/28/1998]
1.ย
LEGAL HOLIDAY
PERSON
TRANSIENT RETAIL BUSINESS
(1)ย
(2)ย
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, commercial retail establishment
or from house to house, within the Borough.
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.
2.ย
The singular shall include the plural; the plural shall include the
singular; and the masculine shall include the feminine and the neuter.
[Ord. 680, 12/28/1998]
No person shall engage in any transient retail business within
the Borough without first having obtained from the Borough Secretary
a license, for which a fee, which shall be for the use of the Borough
Secretary, shall be charged, said fee to be in such amount established,
from time to time, by resolution of the Borough Council.
[Ord. 680, 12/28/1998]
1.ย
No license fee shall be charged:
A.ย
To farmers selling their own produce.
B.ย
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.ย
To any manufacturer or producer in the sale of bread and bakery products,
meat and meat products, or milk and milk products.
D.ย
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.ย
To the seeking or taking of orders by insurance agents or brokers
licensed under the insurance laws of the Commonwealth of Pennsylvania.
F.ย
To a person who has complied with the provisions of the Solicitation
of Funds for Charitable Purposes Act, 10 P.S. ยงย 162.1 et
seq., as hereafter amended, supplemented, modified or reenacted by
the General Assembly of Pennsylvania.
G.ย
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.
H.ย
Authorized representatives who have contacted individuals or businesses
and who have an appointment to meet with that individual or business.
2.ย
But all persons exempted hereby from the payment of the license fee
shall be required to register with the Borough Secretary 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
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 a 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.
[Ord. 680, 12/28/1998]
Every person desiring a license under this Part shall first
make application to the Borough Secretary 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.ย
His criminal record, if any.
B.ย
Name and address of the person by whom he is employed.
C.ย
Type of goods, wares, and merchandise he wishes to deal with in such
transient retail business.
D.ย
Length of time for which license is to be issued.
E.ย
Type and license number of the vehicle to be used, if any.
[Ord. 680, 12/28/1998]
Upon receipt of such application and the prescribed fee, the
Borough Secretary, if he 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.
[Ord. 680, 12/28/1998]
No person in any transient retail business shall:
A.ย
Sell any product or type of product not mentioned in his license.
B.ย
Hawk or cry his wares upon any of the streets, alleys, sidewalks
or public grounds in the Borough.
C.ย
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.ย
Park a 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.ย
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.
[Ord. 680, 12/28/1998]
The Borough Secretary 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. 680, 12/28/1998]
The Borough Secretary is hereby authorized to deny, suspend
or revoke any license issued under this Part 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 Part or for giving
false information upon any a 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.
[Ord. 680, 12/28/1998]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not 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.