[HISTORY: Adopted by the Borough Council
of the Borough of Glenolden 7-8-1965 by Ord. No. 638, approved 7-8-1965.Amendments
noted where applicable.
It shall be unlawful for any person or persons, partnerships or corporations, either as principal or agent, to sell or offer for sale within the Borough of Glenolden, Delaware County, Pennsylvania, as hawker, peddler, transient merchant or agent, any fruits, groceries, teas, garden, farm or dairy products or any other form of domestic goods, wares or merchandise without having first obtained a license from the Borough Secretary so to do and paying a fee as set forth in § 124-2.
[Amended 4-8-1976 by Ord. No. 791, approved 4-8-1976; 11-17-2009 by Ord. No.
2067, approved 11-17-2009]
Prior to the issuance of any license, a thirty-day waiting period is hereby established, during which time the applicant and the application shall be investigated by the Borough of Glenolden Police Department, and at the end of said thirty-day period, the Borough shall grant or deny the issuance of a license. The license fee as required by § 124-1 of this chapter shall be set forth by resolution of Borough Council from time to time. In addition, each applicant shall pay an additional license fee of $150 for each employee, helper or partner of the applicant who will be peddling or soliciting within the Borough of Glenolden. NOTE: The Borough is free to change the fee as indicated as it is simply an example.
It shall be the duty of the Borough Secretary
to obtain from each applicant for license his or her name, age, occupation,
address, an accurate personal description of the applicant and a sample
or a full description of the article to be sold, which must be submitted
for inspection, and if a license is granted, the Borough Secretary
shall issue to the licensee a card setting forth the name, age, occupation,
address and description of the licensee. Said license shall be nontransferable
and personal, and the license card shall be carried by a licensee
when offering goods, wares or merchandise for sale in the Borough
and must be shown upon request to any police officer or other official
of the Borough.
The Borough Secretary may refuse a license for
the sale of any goods, wares or merchandise which it would not be
lawful to sell in a store in the Borough or which in the Secretary's
judgment would be injurious to the health or morals of the residents
of the Borough.
All moneys derived from the issuance of such
licenses shall be forthwith paid to the Borough Treasurer for the
use of the Borough.
Licenses shall be issued without cost to any
honorably discharged soldier, sailor or marine of the military or
naval services of the United States of America or any legal charitable
organization, upon compliance by such applicant with the provisions
of the Acts of April 8, 1867, P.L. 50, and May 17, 1921, P.L. 895.[1]
[1]
Editor's Note: Said provisions were repealed:
1992, Nov. 24, P.L. 717, No. 108, § 3.
Any license granted in accordance with the provisions
of this chapter shall be effective only during the hours of 9:00 a.m.
to 7:00 p.m., prevailing time. The Chief of Police is hereby ordered
to require applicants to give him their fingerprints, which the Chief
of Police shall check for criminal records of the applicants.
All farmers vending exclusively the produce
of their own farms shall be required to appear in person before the
Borough Secretary and satisfy the Secretary under oath or affirmation
that they are farmers and sell exclusively the produce of their own
farms. If and when the Secretary is so satisfied, a license shall
be issued to said applicant without charge therefor.
The Secretary may cancel without notice or refuse
to issue any license when, in the Secretary's judgment, the quality
or price of the goods offered for sale or the practice or methods
employed or the terms thereof are such that fraud and deception may
be practiced on, or injury or loss may be suffered by, residents,
and in the event of such cancellation or refusal of license, the amount
paid or unused portion thereof shall be refunded by the Treasurer,
who is hereby authorized so to do.
It shall be the duty of each and every licensee
under this chapter who shall have changed his place of residence to
appear in person before the Secretary within a period of not more
than 10 days from the date of such change of residence and to give
notice of his new address. Such change of address shall thereupon
be forthwith recorded upon the original application for the license
and upon the licensee's identification card.
No person licensed as a peddler under this chapter
shall hawk or cry his wares upon any of the streets or sidewalks of
the Borough, nor shall he use any loudspeaker or horn or any other
device for announcing his presence by which the public is annoyed.
No person licensed as a peddler under this chapter
shall park any vehicle upon any of the streets or alleys of the Borough
in order to sort, rearrange or clean any of his goods, wares or merchandise;
nor may any such person place or deposit any refuse upon any of such
streets or alleys; nor may 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 licensed as a peddler under this chapter
shall occupy any fixed location upon any of the streets, alleys or
sidewalks of the Borough for the purpose of peddling with or without
any stand or counter.
[Amended 4-8-1976 by Ord. No. 791, approved 4-8-1976; 12-9-1982 by Ord. No.
867, approved 12-9-1982]
Any person or persons who shall violate any
provision of this chapter shall, upon conviction thereof before any
District Justice of Delaware County, Pennsylvania, be subject to a
fine of not less than $200 nor more than $300 and costs of prosecution
for such offense and, upon default in payment of the fine and costs,
to imprisonment in the county jail for not more than 30 days.
[Added 11-17-2009 by Ord. No. 2067, approved 11-17-2009]
Any license issued pursuant to this chapter shall expire on
December 31 of the calendar year during which the license was issued
regardless of the license’s commencement date.
[Added 11-17-2009 by Ord. No. 2067, approved 11-17-2009]
In addition to the foregoing, all licensees offering for sale
any ice cream or food product, water ices, candy, etc., shall observe
the following specific requirements:
A.
No bells,
whistles, horns or other noise-making devices shall be used for vending
purposes.
B.
No vending
shall be permitted from vehicles located on state highways.
C.
No product
shall be sold or dispensed to any child who must cross any street
or highway to the vehicle from which products are sold or dispensed
unless such child is accompanied by and under the immediate supervision
and protection of an adult and such child is returned across such
street or highway in the same manner before such vehicle shall leave
the immediate location from which products are sold or dispensed.
The driver of such vehicle shall not leave any area in which he has
sold or dispensed any product until all empty cartons, paper containers
or other waste materials originating from said vehicle have been removed
and placed in a container inside said vehicle.
D.
No vending
shall be conducted in any area zoned commercial or within 100 yards
thereof or within 100 yards of any school, church or public building
or park.
E.
No vending
shall be conducted within a distance of 75 feet of the radius curve
of any street or highway intersection or from any other location which
may obstruct the normal flow of traffic.
F.
All vending
trucks/vehicles shall be occupied by two attendants at all times during
hours of operation.
