[Ord. No. 566, 8/9/2022]
For the purpose of this Subpart B, the following definitions shall apply unless the context clearly indicates or requires a difference meaning:
BOROUGH
Rankin Borough.
PERSON
Any natural person, partnership, association, corporation or other legal entity.
TEMPORARY BASIS
No more than an aggregate total of 60 days during any one calendar year (i.e., from January 1 through December 31), except for Christmas tree sales which shall be considered on a temporary basis if the sale thereof does not exceed an aggregate total of 60 days during any calendar year.
TEMPORARY RETAIL BUSINESS
1. 
Selling, soliciting or taking orders for any goods, wares or merchandise, from a fixed outdoor location within the Borough, on a temporary basis, at the time of special occasions or celebrations, for seasonal purposes, or for or in advance of specific yearly holidays.
2. 
Selling, soliciting or taking orders for any goods, wares or merchandise from a fixed indoor location within the Borough on a temporary basis, at any time during the year.
[Ord. No. 566, 8/9/2022]
1. 
No person shall engage in any temporary retail business within the Borough without first having obtained a license for each location from which sales will be conducted, and a fee, as established by resolution of the Borough Council, shall be paid.
2. 
Exceptions. No license fee shall be charged:
A. 
To farmers selling their own produce;
B. 
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; and
C. 
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 their school, the Boy Scouts or Girl Scouts or similar youth organizations.
3. 
Yard sales are covered by the separate licensing and fee requirements set forth in Part 1, Subpart C, of this chapter.
4. 
All persons exempted hereby from the payment of the license fee shall be required to register with the Code Enforcement Office and obtain a license without fee. Every license issued under the provisions of this Subpart B shall be issued on an individual basis to any natural person or persons engaging in such temporary retail business; every person shall obtain a separate license, issued to him or her in his or her name. A representative of a charitable organization may obtain licenses for the individuals engaging in the temporary retail business on behalf of the organization.
[Ord. No. 566, 8/9/2022]
1. 
Every person desiring a license under this Subpart B shall first make application to the Code Enforcement Officer for such license. He or she shall, when making such application, exhibit a license or permit from any state or county officer, if such license or permit is also required, including a valid license from the commonwealth for the collection of sales tax on all taxable items. The application shall state:
A. 
Whether he or she has been convicted of a felony or a misdemeanor;
B. 
Name and address of the person by whom he or she is employed;
C. 
Type of goods, wares and merchandise he or she wishes to deal with in such temporary retail business;
D. 
Length of time for which license is to be issued; and
E. 
Type and license number of the vehicle to be used, if any.
2. 
The applicant shall provide government-issued photographic identification.
[Ord. No. 566, 8/9/2022]
Upon receipt of such application and the prescribed fee, the Code Enforcement Officer, if he or she shall find such application in order, shall issue the license required under this Subpart B. Such license shall contain the information required to be given on the application therefor. Every license holder shall carry such license upon his or her person if engaged in temporary retail business. He or she shall exhibit such license, upon request, to all police officers, municipal officials and citizens or residents of the Borough.
[Ord. No. 566, 8/9/2022]
No person in any temporary retail business shall:
1. 
Sell any product or type of product not mentioned in his or her license;
2. 
Hawk or cry his or her wares upon any of the streets, alleys, sidewalks or public grounds in the borough;
3. 
Stop or park his or her vehicle upon any of the streets or alleys in the borough to sell therefrom to persons residing or working in the immediate vicinity;
4. 
Park any vehicle upon any of the streets or alleys in the borough for the purpose of sorting, rearranging or cleaning any of his or her goods, wares or merchandise or of disposing of any carton, wrapping material or stock, wares or foodstuffs which have become unsaleable through handling, age or otherwise;
5. 
Engage in any business activity, except by prior appointment, at any time before 8:00 a.m. or after 8:00 p.m.;
6. 
Sell, display, solicit or take orders for goods, wares, merchandise or services in or on any public right-of-way, street, alley, sidewalk or public grounds; and
7. 
Have an exterior display of goods, wares or merchandise greater than 50 square feet in area.
[Ord. No. 566, 8/9/2022]
The Code Enforcement Officer shall supervise the activities of all persons holding licenses under this Subpart B. He or she shall keep a record of all licenses issued hereunder and shall make a report thereof each month to the Borough Secretary.
[Ord. No. 566, 8/9/2022]
1. 
The Code Enforcement Officer is hereby authorized to suspend or revoke any license issued under this Subpart B when he or she deems such suspension or revocation to be beneficial to the public health, safety or morals for violation of any provision of this Subpart B.
2. 
No license shall be suspended or revoked without prior notice and an opportunity for a hearing before the Borough Council, or the Borough Council's designee(s), unless there is an imminent and serious danger to public safety and/or health, and it is not possible or practical to provide prior notice and a hearing.
3. 
The hearing shall be provided before the Borough Council or its designee(s) to any person whose license is suspended or revoked without prior notice within five business days.
[Ord. No. 566, 8/9/2022]
Any person, firm or corporation who shall violate any provision of this Subpart B, upon conviction thereof, shall be sentenced to pay a fine of not more than $500 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 Subpart B continues shall constitute a separate offense.