Borough of Hallam, PA
York County
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Table of Contents
Table of Contents
[Ord. 67, 6/6/1950, § 1; as amended by Ord. 2004-1, 2/9/2004, § 1]
For the year beginning the first day of June, 1950, and annually thereafter, all corporations, partnerships and individual who keep and maintain public pinball machines, coin-operated amusement devices and jukeboxes shall pay to the Borough an annual license fee in an amount to be determined from time to time by resolution of Borough Council.
[Ord. 67, 6/6/1950, § 2]
All license fees as specified in § 13-101 shall be paid to Council, and the license referred to in § 13-103 shall be issued by Council.
[Ord. 67, 6/6/1950, § 3]
1. 
Council shall prepare and issue a certificate to the corporation, partnership or individual paying the tax, on each of which certificates the following information shall be printed or inserted in ink or by typewriter:
A. 
The name of the Borough.
B. 
The number of the certificate.
C. 
The name and address of the person paying tax.
D. 
The year for which the tax shall have been paid.
E. 
The date on which the tax shall have been paid.
F. 
The type and number of devices for which the tax shall have been paid.
G. 
The amount of tax paid.
[Ord. 67, 6/6/1950, § 4]
Any corporation, partnership or individual keeping and maintaining any public pinball machine, coin-operated amusement device or jukebox who has not procured the license required by this Part 1 for each such machine or device on or before the first day of June 1950, and each year thereafter, shall be subject to a penalty of twice the annual license fee imposed in § 13-101 and be further liable to the Borough for each day that any pinball machine, coin-operated amusement device or jukebox is maintained, which fine shall be recoverable by the Borough as other fines are recoverable by law.
[Ord. 2007-2, 1/8/2007]
As used in this Part 2, the following terms shall have the meanings indicated:
TRANSIENT RETAIL BUSINESS
Includes the following:
A. 
Engaging in peddling, selling, canvassing, soliciting or taking orders, either by sample or otherwise, for any goods, wares, or merchandise, upon any street, alley, sidewalk, or public place, or from house to house, within the Borough.
B. 
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 shall not be limited to:
(1) 
Any activities conducted at the time of special occasions or celebrations, for seasonal purposes or for, or in advance of, particular yearly holidays.
(2) 
What is commonly known as a "garage sale" or a "yard sale."
[Ord. 2007-2, 1/8/2007]
No person, organization, corporation, other business entity shall engage in any transient retail business with the Borough without first having obtained from the permit officer a license and paying to him/her a fee to be in such amount established from time to time by resolution of the Borough Council; provided that no license fee shall be required under this section for garage or yard sales, and no more than two garage or yard sales shall be held in any one calendar year at the same location. A single sale shall be for no more than a seventy-two-hour period.
[Ord. 2007-2, 1/8/2007]
1. 
No license fee shall be charged:
A. 
To fruit and vegetable growers selling home-grown produce.
B. 
For the sale of goods, wares, and merchandise offered for sale by charitable or philanthropic organizations for charitable or philanthropic purposes.
C. 
To children under the age of 18 years who take orders for and deliver, among other things, newspapers, greeting cards, candy, bakery products and the like, or who represent the Boy Scouts or similar not-for-profit organizations.
D. 
To a person and/or organization 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.
2. 
All persons and/or organizations exempted from the payment of the license fee shall be required to register with the permit officer and obtain a license without fee; provided that any person and/or organization 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 § 13-202 for his activities in connection with the sale of goods, wares, and merchandise not in such exempted categories; provided, further, that the permit officer may similarly exempt from payment of the license fee, but not from registering with him/her, persons or organizations working without compensation and selling goods, wares, or merchandise for the sole benefit of a nonprofit corporation; provided, further, that every license issued under the provisions of this Part 2 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. 2007-2, 1/8/2007]
1. 
Every person desiring to engage in soliciting or peddling in the Borough shall first make application to the permit officer for a license. If such person shall also be required to obtain a license from any county officer, he shall, on making such application, exhibit a valid county license. The application shall be upon a blank provided by the Borough and shall contain at least the following information verified by oath or affirmation:
A. 
Full name of the applicant and local address, if any.
B. 
Permanent address.
C. 
Name of employer or a statement that such applicant is self-employed.
D. 
The nature of the goods, wares, services, or merchandise offered for sale.
E. 
A statement as to whether or not the applicant has ever been convicted of any crime and, if the answer is in the affirmative, the nature of the offense or offenses and the punishment or punishments imposed therefor.
F. 
The type of vehicle to be used, if any.
G. 
Upon request, the applicant shall also submit to fingerprinting and furnish a photograph and be subject to a criminal background check to be conducted by the Pennsylvania State Police.
2. 
Where a person makes application for himself and one or more helpers, all applicable personal information specified above shall be given for each helper and verified or affirmed by oath or affirmation by and an individual license shall be required for each helper. No license under this Part 2 shall be transferable from one person to another.
[Ord. 2007-2, 1/8/2007]
Following the making of the application by the applicant, the permit officer will forward the required criminal background check forms to the Police Department for referral to the Pennsylvania State Police. At the conclusion of the background check, the Borough permit officer may refuse the license in any case where the investigation discloses a criminal record or any false or misleading statement on the application. When a license is refused, the Borough shall return to the applicant the license fee (less the fee of $15 to the Pennsylvania State Police) that had been paid to the Borough at the time of making the application.
[Ord. 2007-2, 1/8/2007]
Every license holder shall carry the license upon his person or shall display it upon his vehicle, if he is engaged in a transient retail business from house to house or upon any street, alley, sidewalk, or public ground, or he shall display the license at the fixed location where he shall engage in business if doing so from a fixed location. He shall exhibit the license upon request to all police officers, Borough officials, and citizens or residents of the Borough.
[Ord. 2007-2, 1/8/2007]
1. 
No person engaged 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 street, alley, sidewalk, or public ground in the Borough or use any loudspeaker or horn or other device for announcing his presence by which the public may be annoyed.
C. 
When selling from a vehicle, stop or park a vehicle upon any street or alley in the Borough for longer than necessary in order to sell from the vehicle to persons residing or working in the immediate vicinity.
D. 
Engage in any house-to-house activity, except by prior appointment, before 9:00 a.m. or after dusk.
[Ord. 2007-2, 1/8/2007]
The practice or custom of going in and upon private residences in the Borough by solicitors, peddlers, itinerant merchants or transient retail merchants, regardless of whether they hold a valid license under this Part 2, not having been requested or invited to do so by the owner or occupant of that private residence, for the purpose of soliciting orders for the sale of goods, wares, or merchandise or of disposing of, peddling, or hawking goods, wares, or merchandise is declared to be a nuisance and also a violation of this Part 2.
[Ord. 2007-2, 1/8/2007]
The permit officer is authorized to suspend or revoke any license issued under this Part 2 when he/she deems the suspension or revocation to be in the interest of the public health, safety or morals, or for violation of any provision of this Part 2, or for giving false information upon the application for a license under this Part 2. Appeals from any suspension or revocation may be made to Council at any time within 10 days after suspension or revocation. Appeal must be in letter request form to the Borough Council. The Borough Council shall, within 15 days, schedule a date and time at which the appeal will be heard. No part of the license fee shall be refunded to any person whose license has been suspended or revoked.
[Ord. 2007-2, 1/8/2007]
Any person, firm, or corporation who shall violate any provision of this Part 2 shall, upon conviction thereof, be sentenced to pay a fine of not 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 that a violation of this Part continues or each section of this Part 2 which shall be found to have been violated shall constitute a separate offense.