[Ord. 387, 12/14/2009]
It is the purpose of this Part to regulate peddlers, solicitors
and canvassers, transient merchants and itinerant vendors who come
to the Borough of Thornburg to sell or attempt to sell, to take orders
or attempt to take orders or to solicit contributions, pledges or
subscriptions, such regulation being in the interest of and for the
protection of residents of the Borough of Thornburg and in furtherance
of the prevention of crime and fraud and to facilitate the privacy
of the residents of the Borough of Thornburg and further requiring
license fees to offset the cost of regulation and administration of
this Part.
[Ord. 387, 12/14/2009]
As used in this Part, the following terms shall have the meanings
indicated:
Borough of Thornburg.
Secretary of Borough of Thornburg.
See "solicitor."
The Chief of Police of the Crafton Borough Police Department.
The Crafton Borough Police Department, or its successor.
See "transient merchant."
Any person, whether a resident of the Borough of Thornburg
or not, traveling by foot, wagon, automotive vehicle or any other
type of conveyance from place to place, from house to house or from
street to street, carrying, conveying or transporting goods, wares,
merchandise, fish, vegetables meats or fruits, offering and exposing
the same for sale or making sales and delivering articles to purchasers
or who, without traveling from place to place, shall sell or offer
the same for sale from a wagon, automotive vehicle, railroad car or
other vehicle or conveyance; and, provided further, that one who solicits
orders and as a separate transaction makes delivery to purchasers
as part of a scheme or design to evade the provisions of this Part
shall be deemed a "peddler," subject to the provisions of this Part.
The word "peddler" shall include "hawker" and "huckster."
Any person, whether a resident of the Borough of Thornburg
or not, traveling by foot, wagon, automobile, motor truck or any other
type of conveyance from place to place, person to person, house to
house or from street to street, taking or attempting to take orders
for the sale of goods, wares and merchandise or personal property
of any nature whatsoever for future delivery or for services to be
furnished or performed in the future or for subscriptions, contributions
of any other kind of support, whether or not such individual has,
carries or exposes for sale a sample of the subject of such sale or
whether such person is collecting advance payments on such sale or
not; provided, that such definition shall include any person who,
for himself or for another person, firm or corporation, hires, leases,
uses or occupies any building, structure, room, apartment, shop or
any other place within the Borough of Thornburg for the sole purpose
of exhibiting samples and taking orders for future delivery.
Any person, whether as an owner, agent; consignee or employee,
whether a resident of the Borough of Thornburg or not, who engages
in a temporary business of selling and delivering goods, wares and
merchandise within the Borough of Thornburg, and who, in furtherance
of such purpose, hires, leases, uses or occupies any building, structure,
room, apartment shop or any other place within the Borough of Thornburg
for the exhibition and sale of such goods, wares or merchandise, either
privately or at public auction. The person so engaged shall not be
relieved from compliance with the provisions of this Part merely by
reason of associating temporarily with any local dealer, trader, merchant
or auctioneer or by conducting such transient business in connection
with, as a part of or in the name of, any local dealer, trader, merchant
or auctioneer.
[Ord. 387, 12/14/2009]
It shall be unlawful for any person to engage in the business of peddler, solicitor, canvasser, transient merchant or itinerant vendor as defined in § 13-101 of this Part within the Borough of Thornburg without first obtaining a license therefor as provided in this Part.
[Ord. 387, 12/14/2009]
1.
Applicants for a license under this Part must file with the Borough
Secretary a sworn application in writing on a form to be furnished,
which shall give the following information:
A.
The name and physical description of the applicant.
B.
The complete permanent home and full local address of the applicant
and, in the case of transient merchants and itinerant vendors, the
local address from which proposed sales will be made.
C.
A brief description of the nature of the business and the goods to
be sold.
D.
If employed the name and address of the employer, the name and address
of the employee's immediate supervisor together with credentials
establishing the exact employment relationship.
E.
The length of time for which the right to do business is desired.
F.
If a vehicle is to be used, a description of the same, together with
the license number or other means of identification.
G.
The source of supply of the goods or property proposed to be sold
or orders taken for the sale thereof and the proposed method of delivery.
H.
A recent photograph of the applicant which shall be approximately
two inches by two inches, showing the head and shoulders of the applicant
in a clear and distinguishing manner.
I.
A statement as to whether or not the applicant has been convicted
of any crime or violation of any municipal ordinance, the nature of
the offense and the punishment or penalty assessed therefor.
[Ord. 387, 12/14/2009]
1.
Upon receipt of such application, the original shall be referred
to the Chief of Police, who shall cause such investigation of the
applicant's business and moral character to be made as he deems
necessary for the protection of the public good.
2.
If, as a result of such investigation, the applicant's character
or business responsibility is found to be unsatisfactory, the Chief
of Police shall endorse on such application his disapproval and his
reasons therefore and return said application to the Borough Secretary,
who shall notify the applicant of the disapproval and that no license
will be issued.
3.
If, as a result of such investigation, the character and business
responsibility of the applicant are found to be satisfactory, the
Chief of Police shall endorse on such application his approval and
return said application to the Borough Secretary, who shall, upon
payment of the prescribed fee, execute and deliver to the applicant
a license for the carrying on of the business applied for.
4.
Such license shall contain the signature of the Borough Secretary
and shall show the name, address and photograph of said licensee,
the class of license issued and the kind of goods to be sold thereunder,
the amount of fee paid, the date of issuance and the length of time
the same shall be operative, as well as the license number and other
identifying description of any vehicle to be used.
5.
The Borough Secretary shall keep a permanent record of all licenses
issued and those rejected.
[Ord. 387, 12/14/2009]
1.
The following shall be exempt from the requirement of obtaining a
permit:
A.
Any religious, charitable, patriotic, political, philanthropic, public
interest or community service organization, society, association,
or corporation.
B.
Persons selling personal property at wholesale to dealers in such
articles.
C.
Newspaper persons.
D.
Merchants or their employees in delivering goods in the regular course
of business.
E.
Any farmer or truck gardener who shall vend, sell or dispose of the
products of the farm or garden occupied and cultivated by him from
premises occupied by him.
F.
Any manufacturer or producer in the sale of bread and bakery products
or milk and milk products.
G.
Any Borough resident under the age of 18 years, who take orders for
and/or delivers newspapers, greeting cards, candy, bakery products
and the like, or who represents the Boy or Girl Scouts of America,
or similar organizations.
H.
Nothing contained in this Part shall be held to prohibit any sale
required by statute or by order of any court or to prevent any person
conducting a bona fide auction sale pursuant to law.
[Ord. 387, 12/14/2009]
1.
Every applicant for a license under the provisions of this Part for
the business of peddling, canvassing or soliciting shall pay fees
in an amount as established from time to time by resolution of by
Borough Council.
2.
Every applicant to whom a license is granted under this Part to engage
in the business of transient merchant or itinerant vendor shall pay
fees in an amount as established from time to time by resolution of
Borough Council.
3.
None of the license fees provided for by this Part shall be so applied
as to occasion any undue burden upon interstate commerce. In any case,
where a license fee is believed by a licensee or applicant for a license
to place an undue burden upon such commerce, he may apply to the governing
body of the Borough for an adjustment of the fee so that it shall
not be discriminatory or unreasonable or unfair as to such commerce.
[Ord. 387, 12/14/2009]
No licensee, nor any person on his behalf, shall shout, cry
out, blow a horn, ring a bell or use any sound or amplifying device
upon any of the streets, alleys, parks or other public places of Borough
or upon private premises where sound of sufficient volume is emitted
or produced therefrom to be capable of being plainly heard upon the
streets, avenues, alleys, parks or other public places, for the purpose
of attracting attention to any goods, wares or merchandise which such
licensee proposes to sell.
[Ord. 387, 12/14/2009]
No license issued under the provisions of this Part shall be
used at any time by any person other than the one to whom it was issued.
[Ord. 387, 12/14/2009]
1.
No licensee shall have the exclusive right to any location in the
public streets or sidewalks, nor shall any be permitted a stationary
location thereon, nor shall any licensee be permitted to operate in
a congested area where such operations might impede or inconvenience
the public use of such streets or sidewalks.
2.
No solicitor or transient vendor shall deposit any refuse or waste
on the streets or alleys or any private or public property in the
Borough, nor may be parked or stopped for a longer period of time
than is necessary for the reasonable conduct of his business.
3.
The hours during which a solicitor or transient vendor may conduct
business in the Borough shall be limited from 9:00 a.m. to 9:00 p.m.
4.
No licensee shall engage in the business of peddling, soliciting
or canvassing upon any premises displaying a sign prohibiting such
activity.
5.
No person, whether or not required to obtain a license under the
provisions of this Part, shall peddle, canvass or solicit within the
Borough without first obtaining from the Chief of Police or the Borough
Secretary, as the case may be, a list of all residences and dwelling
units within the Borough where the owner/occupant of the residence
or dwelling unit has provided written notification that they do not
desire to be visited on such premises at any time by any person performing
any peddling, canvassing or soliciting activity. No person shall peddle,
canvass or solicit at any residence or dwelling unit designated on
such list. Any such written notice from an owner/occupant to the Borough
may be revoked, in writing, at any time by such owner/occupant. The
Chief of Police or the Borough Secretary, as the case may be, shall
maintain the aforementioned list and update it in its entirety no
less often than twice per year. In the event that the identity of
an owner/occupant changes, any written notification of the prior owner/occupant
shall not be applicable, and the new owner/occupant shall need to
provide written notification of their desire to be designated on such
list.
6.
The peddler, canvasser or solicitor shall pay to the Borough its
standard copying charge, as otherwise required by the provisions of
the Code of the Borough of Thornburg, for the cost of copying and
providing the aforementioned list.
7.
Any peddler, canvasser or solicitor who shall violate the provisions of this section regarding nonvisitation to certain residences or dwelling units as designated on the aforementioned list may have his/her license immediately suspended by the Chief of Police pending proceedings for the revocation of same pursuant to § 13-113 of the Code of the Borough of Thornburg.
8.
The provisions of this section relating to the prohibition of peddling,
soliciting and canvassing at residences or dwelling units designated
on the aforementioned list shall not apply to any resident of the
Borough.
[Ord. 387, 12/14/2009]
1.
Exhibition of License to Citizens. It shall be the duty of any peddler,
solicitor, canvasser, transient merchant or itinerant vendor to produce
his license upon request of any resident of the Borough with whom
he does or proposes to do business.
2.
Exhibition of License to Police. It shall be the duty of any peddler,
solicitor, canvasser, transient merchant or itinerant vendor to produce
his license upon request of any police officer of the Department.
[Ord. 387, 12/14/2009]
The Borough Secretary shall maintain a record for each license
issued and a record of the reports of violations.
[Ord. 387, 12/14/2009]
1.
Licenses issued under the provisions of this Part may be revoked
by the Chief of Police after notice and hearing for any of the following
causes:
A.
Fraud, misrepresentation or false statement contained in the application
for license.
B.
Fraud, misrepresentation or false statement made in the course of
carrying on his business as solicitor, peddler, canvasser or transient
merchant or itinerant vendor.
C.
Any violation of this Part.
D.
Conviction of any crime involving moral turpitude.
E.
Conducting ones business in an unlawful manner or in such a manner
as to constitute a menace to the health, safety or general welfare
of the general public.
2.
Notice of the hearing for revocation of a license shall be given
in writing, setting forth specifically the grounds of complaint and
the time and place of hearing. Such notice shall be transmitted by
certified mail, postage prepaid, to the licensee at his last known
address, at least seven days prior to the date set for hearing.
[Ord. 387, 12/14/2009]
Any person aggrieved by the action of the Borough Secretary in the denial of a license as provided in § 13-105 of this Part or in the revocation of a license as provided in § 13-113 shall have a right to appeal to the governing body of the Borough of Thornburg. Such appeal shall be taken by filing with Borough Secretary of the Borough within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth the grounds for the appeal. The governing body of the Borough shall set a time and place for hearing on such appeal, and notice of such hearing shall be given to the person aggrieved in the same manner as provided in § 13-113 of this Part for notice of hearing on revocation. The appeal fee, in an amount as established from time to time by resolution of by Borough Council, shall be paid by the appellant at the time a request for appeal is filed. The appellant shall also reimburse the Borough for the costs of a court reporter and advertisement of the hearing, and such reimbursement shall be paid prior to commencement of the hearing.
[Ord. 387, 12/14/2009]
All licenses issued under the provisions of this Part shall
expire on the date specified in the license.
[Ord. 387, 12/14/2009]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, shall be sentenced to pay a
fine of not less than $100 nor more than $1,000 plus costs and, in
default of payment of said fine and costs, to a term of imprisonment
not to exceed 30 days. Each day any person, firm or corporation engages
in the business of a peddler, solicitor, canvasser, transient merchant
or itinerant vendor in violation of this Part continues shall constitute
a separate offense.
