[HISTORY: Adopted by the Borough Council of the Borough of Carlisle 9-13-1979 by Ord. No. 1328, approved 9-13-1979. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Borough Transient Retail Business Ordinance."
As used in this chapter, the following terms shall have the meanings indicated:
- License, but it shall not connote a tangible document to be carried or possessed by the licensee.
- Includes any natural person, partnership, association, firm or corporation.
- Any person, as defined in this chapter, who organizes the gathering of five or more persons, as defined in this chapter, engaged in transient retail business.
- TRANSIENT RETAIL BUSINESS
- A business which engages in peddling, canvassing, soliciting or taking of orders, either by sample or otherwise, for any goods, wares or merchandise upon any public street, public alley, public sidewalk or public ground or from house to house within the Borough of Carlisle. It shall not include floral displays, open sidewalk cafes, or sidewalk sales or displays permitted under the authority of Article II of Chapter 223, Streets and Sidewalks, of this Code.[Amended 5-24-1990 by Ord. No. 1676, approved 5-24-1990; 2-8-2007 by Ord. No. 2067, approved 3-1-2007]
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.
No person shall engage in any transient retail business within the Borough of Carlisle without first having obtained from the Police Chief or his or her delegate authorization to do so, for which a fee as set forth in Chapter 120, Fees, as enacted and ordained, and as may be, from time to time, amended, shall be charged.
[Amended 2-15-1985 by Ord. No. 1470, approved 2-15-1985; 10-9-1986 by Ord. No. 1515, approved 10-9-1986]
No authorization fee shall be charged under this section:
To farmers selling their own produce.
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.
To any manufacturer or producer in the sale of milk or milk products, bread and bakery products or meat and meat products.
All persons exempted hereby from the payment of the authorization fee shall be required to register with the Police Chief or his or her delegate and obtain authorization without fee; provided, however, that 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 authorization fee fixed by this section for such person's activities in connection with peddling, canvassing, soliciting or taking orders for goods, wares and merchandise not in such exempted categories. The Borough Council may similarly exempt from payment of the authorization fee, but not from registering, persons working without compensation and selling or taking orders for goods, wares or merchandise for the sole benefit of any nonprofit corporation.
Every authorization granted under the provisions of this chapter shall be granted on an individual basis to persons engaging in such business and every individual shall obtain an authorization, granted to him or her in his or her name, and the authorization fee hereby imposed shall be applicable to every such individual authorization.
All persons engaged in a transient retail business shall wear a badge prepared and issued by the Carlisle Police Department, which badge shall be worn at all times while such persons are so engaged.
[Added 2-8-2007 by Ord. No. 2067, approved 3-1-2007]
[Amended 6-10-1982 by Ord. No. 1398, approved 6-10-1982]
In lieu of the requirements imposed by § 237-3 above, a promoter representing five or more persons engaged in transient retail business shall, on behalf of such persons, obtain the authorization provided for in § 237-3, in which case such authorization shall be granted to such promoter in his or her name, for which a fee as set forth in Chapter 120, Fees, as enacted and ordained, and as may be, from time to time, amended, shall be charged.
[Amended 2-15-1986 by Ord. No. 1470, approved 2-15-1986; 10-9-1986 by Ord. No. 1515, approved 10-9-1986]
Except as provided in Subsection B of this section, every person desiring to engage in a transient retail business within the Borough shall first make application to the Police Chief or his or her delegate for authorization on a form to be furnished by the Borough. The application, when completed, shall be verified by an oath or affirmation. Where a person makes application for himself or herself and one or more helpers, an application form shall be completed for each helper. The required fee shall accompany the application. A receipt clearly marked "This Is Not a Permit" or words to that effect shall be issued in return for each fee.
In lieu of the requirements of Subsection A(1) above, a promoter representing five or more persons engaged in transient retail business within the Borough shall, on behalf of such persons, make application to the Police Chief or his or her delegate for authorization on a form to be furnished by the Borough. The application shall be verified by oath or affirmation. The required fee shall accompany the application. A receipt clearly marked "This Is Not a Permit" or words to that effect shall be issued in return for each fee.
In the case of any person desiring to engage in a transient retail business by working without compensation for the sole benefit of a nonprofit corporation or in the case of a promoter representing five or more such persons, such person or promoter shall make written application to Borough Council, setting forth the names and addresses of all persons who shall be so engaged in a transient retail business with him or her, and if such application shall be approved by the Council, authorization may be granted by the Chief or his or her delegate without fee, covering all such persons, which authorization shall be valid on the day or days designated under the terms of the authorization as granted.
Upon receipt of such application, the Chief of Police or his or her delegate shall cause such investigation of the applicant's business or organization and moral character to be made as he or she deems necessary for the protection of the public welfare.
If, as a result of such investigation, the applicant's business or organization or moral character is found to be unsatisfactory, the Chief of Police or his or her delegate shall endorse on such application his or her disapproval and the reasons for the same and return said application to the applicant.
If, as a result of such investigation, the business or organization and moral character of the applicant are found to be satisfactory, the Chief of Police or his or her delegate shall endorse on the application his or her approval and record the name of the applicant, date, duration of authorization and other data of public interest which he or she deems relevant in a book entitled "Peddling Authorizations Granted," which shall be available for public inspection at reasonable times. The Chief or his or her delegate shall keep a permanent record of all applications made, authorizations granted and authorizations refused. No evidence of authorization shall, however, be issued in tangible form to the person authorized.
No authorization shall be granted until such investigation is complete, but in no event shall authorization be granted sooner than three full business days from the date of receipt of the application by the Carlisle Police Department.
[Added 2-8-2007 by Ord. No. 2067, approved 3-1-2007]
[Amended 2-8-2007 by Ord. No. 2067, approved 3-1-2007]
No person engaging in any transient retail business shall engage in such business at any time on Sunday or upon any other day of the week prior to 10:00 a.m. and after 6:00 p.m., prevailing time.
Authorizations may be denied, or authorizations granted under the terms of the chapter may be revoked, by the Chief of Police or his or her delegate for any of the following causes:
Fraud, misrepresentation or false statement contained in the application for authorization.
Fraud, misrepresentation or false statement made in the course of the business of the person authorized or seeking authorization.
Any violation of this chapter.
Conviction of a crime involving moral turpitude.
Conduct of a person authorized of 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.
[Added 3-8-1990 by Ord. No. 1662, approved 3-8-1990; amended 2-8-2007 by Ord. No. 2067, approved 3-1-2007]
No transient retail business shall be conducted for any length of time from a fixed location within the municipal limits of the Borough of Carlisle. Notwithstanding the foregoing prohibition, any person authorized to engage in a transient retail business shall be permitted to occupy a fixed location under either of the following circumstances:
At a parade, as defined and authorized by the Borough Council pursuant to the provisions of Chapter 163, Parades, provided he or she shall:
At a location within 2,500 feet of an approved temporary exhibition area as described in Subsection A(42) of § 255-199, Additional standards for specific permitted uses, conditional uses and special exception uses, of Article XXIV, Additional Requirements for Specific Uses, of Chapter 255, Zoning, of this Code, provided:
Such authorization shall be temporary during the period of each event being conducted at such temporary exhibition area; and
No authorization shall be valid for more than 40 days in any calendar year; and
Notwithstanding the restricted hours set forth in § 237-7, no such business shall operate before 7:00 a.m. or after 9:00 p.m., prevailing time; and
Any person aggrieved by the action of the Chief of Police 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 Council of the Borough of Carlisle. Such appeal shall be taken by filing with the Council, 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. Borough Council shall set a time and place for a hearing on such appeal, which hearing shall be held not later than 30 days after the date of such filing. Borough Council may take whatever action with respect to the matter that it deems appropriate.
[Amended 3-10-1988 by Ord. No. 1576, approved 3-10-1988]
Any person who shall violate any provision of this chapter shall, for each and every such violation, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 and costs of prosecution, and, in default of payment of such fine and costs, to imprisonment for not more than 30 days. Each day's violation of any provision of this chapter shall constitute a separate violation.