[HISTORY: Adopted by the Borough of Hanover 2-24-2021 by Ord. No. 2309. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Hanover
Borough Transient Retail Business Ordinance."
This chapter is adopted pursuant to and under the authority
of the Borough Code, 8 Pa.C.S.A. § 101 et seq. and Section
2901 of the Borough Code, 8 Pa.C.S.A. § 2901.
A. As used in this chapter, the following terms shall have the meanings
indicated:
BOROUGH
The Borough of Hanover, York County, Pennsylvania.
BOROUGH COUNCIL
The Borough Council of the Borough of Hanover, York County,
Pennsylvania.
BOROUGH MANAGER
The Borough Manager of the Borough of Hanover, York County,
Pennsylvania.
BOROUGH POLICE
The Police Department of the Borough of Hanover, York County,
Pennsylvania.
DONATION
An exchange of gift or money or other item of value and shall
also include the purchase of an item for an amount exceeding its value
under circumstances where a reasonable person would understand that
the purchase is in substance a gift.
PEDDLER
Any person who shall engage in peddling, as defined herein.
PEDDLING
The selling or offering for sale of any goods, wares, services
or merchandise for immediate delivery which the person selling or
offering for sale carries with him in traveling, or has in his possession
or control, upon any of the streets or sidewalks; or from house to
house; or by visitation to private residences; or by entering in or
upon private property within the said Borough.
PERSON
Includes any natural person, partnership, association, firm
or corporation.
PROMOTER
Any person, as defined hereinabove, who organizes the gathering
of two or more persons, as defined hereinabove, engaged in transient
retail business.
SOLICITING
The seeking or taking of contracts or orders for any goods,
wares, services or merchandise for future delivery, or for subscriptions
or contributions, upon any of the streets or sidewalks; or from house
to house; or by visitation to private residences; or by entering in
or upon private property within the Borough of Hanover, and shall
further mean seeking or taking of contracts or orders for home or
other building repairs, improvements and alterations; and also orders
or contracts for new mechanical, electrical, plumbing, or heating
device or equipment for houses, or other building improvements or
repairs upon or from the places aforesaid within the Borough.
SOLICITOR
Any person who shall engage in soliciting, as hereinabove
defined.
TEMPORARY
A period of time of 30 consecutive days or less.
TRANSIENT MERCHANT
A person engaging in a transient retail business for the
sale of personal property, goods and/or services, whether the business
is conducted from a fixed location within the Borough or by an individual
engaged in peddling, soliciting or the taking of orders from house
to house, or at some other physical location, including agents and
employees thereof.
TRANSIENT RETAIL BUSINESS
(1)
Includes the following:
(a)
Engaging in peddling, canvassing, soliciting or taking of orders,
either by sample or otherwise, for any goods, wares or merchandise,
upon any street or alley, sidewalk or public ground or from house
to house or any other location within the Borough of Hanover.
(b)
Selling, peddling, soliciting or taking orders for any goods,
wares or merchandise from a fixed location within the Borough of Hanover,
on a temporary basis, which shall include, but shall 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. Flea markets are specifically included as a transient
retail business.
(2)
"Transient retail business" shall not include sidewalk sales
conducted by merchants on the sidewalks in front of their establishments
provided that the regular business of such merchants are nontemporary
in nature and fixed in location at their said addresses.
(3)
"Transient retail business" shall in no event include business
conducted by persons having a nontemporary place of business within
Hanover Borough or business conducted by a resident of Hanover Borough,
whether or not such business would otherwise be characterized as transient
retail business hereunder. This exclusion shall also apply to the
agents, employees and/or helpers of such persons.
B. In this chapter, the singular shall include the plural, the plural
shall include the singular, and the masculine shall include the feminine
and the neuter.
A. A license or permit shall be required, however no fee shall be charged
under this chapter for the following transient retail businesses:
(1) To farmers selling their own produce.
(2) To homeowners selling produce that has been cultivated and harvested
from their property.
(3) For the sale of personal property if the proceeds of the sale are
to be applied to a charitable or philanthropic purpose.
(4) To a manufacturer or producer in the sale of bread and/or bakery
products, meats and/or meat products, and milk and/or milk products,
excluding ice cream or another frozen dessert.
(5) To the seeking or taking of orders by insurance agents or brokers
licensed under the insurance laws of the Commonwealth of Pennsylvania
for insurance.
(6) To persons, their agents or employees who have complied with the
provisions of the Solicitation of Funds for Charitable Purposes Act,
December 19, 1990, P.L. 1200, No. 202, 10 P.S. § 162.1 et
seq., as amended, supplemented, modified or reenacted by the General
Assembly of Pennsylvania.
(7) To any person taking orders for merchandise from dealers or merchants
for resale to an ultimate consumer.
(8) To natural persons under the age of 18 years who take orders for
and delivery of newspapers, greeting cards, candy, bakery products
and the like, or representing the Boy Scouts or Girl Scouts or similar
nonprofit organizations, the proceeds of which are provided to such
nonprofit organizations.
(9) Yard sales which are regulated otherwise by Chapter
364 of the Hanover Borough Code.
B. Any person dealing in one or more of the above-mentioned exempted
categories and dealing with other goods, wares, services or merchandise
not so exempted, including the solicitation of donations, shall be
subject to the application requirements and payment of the license
fee fixed by this chapter for such person's activities in connection
with a transient retail business, peddling, canvassing, soliciting
or taking orders for goods, wares and services merchandise, not included
in such exempted categories.
A. License required.
(1) Every person desiring to engage in any transient retail business,
soliciting or peddling in the Borough of Hanover shall first file
application with the office of the Borough of Hanover together with
the license fee herein established. 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 said application
shall be upon a blank provided by said Borough office and shall contain
at least the following information verified and made subject to penalties
of 18 Pa.C.S.A. § 4904, relating to unsworn falsification
to authorities:
(a)
Full name of the applicant and local address, if any.
(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)
Completed request for criminal record check (as fulfilled by
and through the Pennsylvania State Police)
(f)
The type and plate number of vehicle to be used, if any.
(g)
The date on which transient retail business activities will
commence and the date on which such activities will commence and the
date on which such activities will terminate.
(2) Provided, where a person makes application for himself and one or
more agents, employees and/or helpers, all applicable personal information
specified above shall be given for each agent, employee and helper
and verified by oath or affirmation by him.
(3) If the applicant desires to engage in any transient retail business,
soliciting or peddling on private lands, they shall provide proof
of the owner's acknowledgement for the activity and shall provide
proof of a valid/approved change of use form pursuant to the Borough
of Hanover Zoning Ordinance.
B. Every license granted under the provisions of this chapter shall
be granted on an individual basis to persons engaging in such business
and every individual shall be licensed, in his or her name, and the
fee hereby imposed shall be applicable as set forth hereinafter.
C. A promoter who organizes and coordinates two or more persons engaged in transient retail business shall, on behalf of such persons, apply for and obtain the license required by Subsection
A, above, in which case such license shall be approved for each such person in his or her name, for which a fee in the amount set forth hereinafter shall be imposed and paid by the promoter at time of application.
D. Every person, as defined herein, who rents a lot, parcel or space
or otherwise grants a license or privilege to a transient retail business,
or transient retail merchant to conduct transient retail business
activities, on land and/or in buildings or structures owned by, or
leased to, said person renting or granting said license or privilege
to conduct transient retail business activities shall ascertain that
each transient retail business and transient retail merchant has been
licensed as required by this chapter before renting said lot, parcel
or space or otherwise granting a privilege or a license to conduct
transient retail business activities thereon or therein.
A. Subject to §
240-7, below, all applications for licenses, together with license fee, shall include the results of a request for criminal record check (as fulfilled by and through the Pennsylvania State Police), per §
240-8 below, shall be transmitted by the Borough Manager who shall license such applicant unless he or she shall determine that issuance would be detrimental to the health, safety and/or welfare of the citizens of Hanover Borough for a reason specified in §
240-13, below. Unless otherwise specifically exempted, all approved licensees will be required to obtain an identification badge as administered through the Borough.
B. The Borough
Manager shall either license the applicant or send a notice of rejection
of the application to the applicant within 10 days after the date
on which a completed application is filed with the Borough office.
Notice of rejection shall state the reason or reasons therefor.
In the event that any person, or the promoter acting in his behalf, is unable to obtain a license in the manner provided in §
240-6 hereof as a result of justifiable time constraints or any other reasonable cause, the Borough Manager or his/her designee may issue a license to such person upon the filing by such person of an application for a license together with the license fee herein required, if any, unless he determines that the application of such person should be rejected for a reason specified in §
240-13 below.
No application for a license shall be considered complete until
such time as it includes the results of a request for criminal record
check (as fulfilled by and through the Pennsylvania State Police)
of the applicant(s) as is deemed necessary for the protection of the
public welfare.
No application shall be accepted and no license shall be approved
under this chapter until the license fee or fees shall be paid to
the Borough, for the use of the Borough. Applications shall be filed
for all persons who conduct transient retail business activities and
shall apply where an employer desires to secure licenses for his employees,
agents and/or helpers. The license fee(s) shall be as established
per the adopted fee schedule, the amounts of which shall be set by
resolution of the Borough Council.
The license granted pursuant to §
240-9 of this chapter shall be valid for the approved duration within the calendar year for which it has been approved. There will be no proration for applications submitted for less than a full calendar year. The application should specify the calendar year for which the applicant desires the license to be approved.
No transient retail merchant shall engage in selling any product
or service not mentioned on his or her application for a license.
No person engaging in any transient retail business when working
from house to house shall engage in such business upon any day of
the week prior to 9:00 a.m. or after 7:00 p.m., except that this prohibition
shall not apply to any person who shall have made an advance appointment
with a prospective customer for a specific day and hour.
Licenses may be denied and licenses approved under the terms
of this chapter may be revoked, by the Borough Manager (or his or
her delegate) for any of the following causes:
A. Fraud, misrepresentation or false statement contained in the application
for authorization.
B. Fraud, misrepresentation or false statement made in the course of
the business of the person authorized or seeking authorization.
C. Any violation of this chapter.
D. Conviction of a crime involving moral turpitude.
E. Past or present conduct of a person authorized or seeking authorization
in an unlawful manner or in such a manner as to constitute a breach
of the peace or to constitute a menace to the health, safety or general
welfare of the public.
No person licensed under this chapter shall park any vehicle
upon any of the streets, highways or alleys of the Borough in order
to sort, rearrange or clean any of his goods, wares, services or merchandise;
nor shall any such person place or deposit any refuse on any such
streets, highways or alleys; nor shall any such person maintain or
keep a street or curbstone market by parking any vehicle upon any
street or alley in the Borough for longer than necessary in order
to sell therefrom to persons residing in the immediate vicinity. No
person in any transient retail business shall:
A. Sell any product or type of product not described in the license
application submitted to the Borough or referred to on the license
issued by the Borough.
B. Engage in any transient retail business activity at a location, a
time or in a manner not specifically permitted pursuant to the license
issued by the Borough.
C. When operating from a vehicle, stop or park such vehicle upon any
street or alley of the Borough in violation of the Pennsylvania Vehicle
Code or in violation of any Borough ordinance.
D. Remain at any location for a period longer than permitted pursuant
to the license issued by the Borough.
E. Engage in any transient retail business activity at any time before
7:00 a.m. or after 9:00 p.m. unless associated with and consistent
with permitted times of a special event which is held pursuant to
a special event permit issued by the Borough or by prior written approval
of the Borough where such transient retail business activity is not
associated with an event requiring a special event permit.
F. Maintain any transient retail business related equipment, accessories
or vehicles on streets, alleys, sidewalks, or public property of the
Borough between the hours of 9:00 p.m. and 7:00 a.m. unless associated
with and consistent with permitted times of a special event which
is held pursuant to a special event permit issued by the Borough or
by prior written approval of the Borough where such transient retail
business is not associated with an event requiring a special event
permit.
G. Conduct any transient retail business after suspension, revocation
or expiration of the license issued by the Borough.
H. Block or unreasonably impede vehicular or pedestrian traffic.
I. Extend any cord, hose, tube, rope or other transient retail business
related equipment or accessories across any street, alley or sidewalk
to block or unreasonably impede vehicular or pedestrian traffic.
J. Block or in any manner restrict the use of sidewalks and pedestrian
traffic thereon, including blockage of sidewalk curb cuts maintained
for access onto Borough streets, alleys or sidewalks.
K. Fail to pay any Borough-mandated fees or to procure any required
permits for use of metered parking spaces or for use of a fixed location
within the Borough.
No person licensed under this chapter shall occupy any fixed
location upon any of the streets, highways, alleys or sidewalks of
the Borough for the purpose of a transient retail business with or
without any stand or counter. Occupancy of a transient business within
any parking area or public right-of-way shall be regulated under the
appropriate parking, stopping and standing regulations.
The Borough police shall also keep a record of all licenses
issued under this chapter and shall supervise the activities of all
holders of such licenses.
No person licensed under this chapter shall hawk or cry his
wares or services upon the streets or sidewalks of the Borough, nor
shall be use any recording, electronic or otherwise, nor any loudspeaker,
bell, whistle or other device for announcing his services by which
the public is annoyed.
Any person aggrieved by the action of the Borough Manager (or
his or her delegate) in denying authorization or in the decision with
reference to the revocation of authorization shall have the right
of appeal to the Borough Council of the Borough of Hanover. Such appeal
shall be taken by filing with the Board, within five days after notice
of the action complained of has been mailed to such person's
last address or otherwise placed in his or her possession, a written
statement setting forth the grounds for the appeal. The Borough Council
shall set a time and place for a hearing on such appeal, which hearing
shall be held and decision made not later than 30 days after the date
of such filing.
Any person, firm or corporation who shall violate any provision
of this chapter, upon conviction thereof in an action brought before
a District Justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and
reasonable attorney fees incurred by the Borough in the enforcement
proceedings and, in default of payment of said fine and costs, to
a term of imprisonment not to exceed 90 days. Each day that a violation
of this chapter continues or each section of this chapter which shall
be found to have been violated shall constitute a separate offense.
If any section, subsection, sentence, clause or phrase of this
chapter is, for any reason, held to be unconstitutional, such decision
shall not affect the validity of the remaining portions of this chapter.
The Borough of Hanover hereby declares that it would have passed this
chapter, and each section, subsection, clause or phrase thereof, irrespective
of that fact that any one or more sections, subsections, sentences,
clauses and phrases be declared unconstitutional.
Ordinance No. 521 and all ordinances or resolutions or parts
of ordinances or resolutions which are inconsistent herewith are hereby
repealed to the extent that the same are inconsistent with the terms
of this chapter. Nothing in this chapter hereby adopted shall be construed
to affect any suit or proceeding pending in any court, or any rights
acquired, or liability incurred, or any cause or causes of action
acquired or existing, under any act or ordinance hereby repealed;
nor shall any just or legal right or remedy of any character be lost,
impaired or affected by this chapter.