Borough of Old Forge, PA
Lackawanna County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Old Forge as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-17-1997 by Ord. No. 1997-6]

§ 239-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:
LICENSE
For the purposes of this article, that which allows an individual and/or his employees to operate said business as identified by the permit.
TEMPORARY OR TRANSIENT BUSINESS
Any exhibition and sale of goods, wares and/or merchandise which is carried on in any building, structure, motor vehicle, tent, railroad boxcar, boat, public room in a hotel, lodging house, apartment or shop or any alley or street, unless said business shall be open for business during usual business hours for a period of at least 10 months in each year.
TRANSIENT MERCHANT
Any person, firm or corporation, whether as owner, agent, consignee or employee, whether a resident of the Borough or not, who engages in a temporary or transient business, selling and delivering goods, wares and merchandise within the Borough of Old Forge, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad boxcar, boat, public room in a hotel, lodging house, apartment or shop or any street, alley or other place within the Borough for the exhibition and sale of such goods, wares and merchandise, either privately or at a public auction. Said person, firm or corporation shall not be relieved from complying with this article merely by associating temporarily with any local dealer, trader, merchant or auctioneer.

§ 239-2 License required; exception.

Every person, whether principal or agent, entering into beginning or desiring to begin a transient retail business in the Borough of Old Forge for the sale of any goods, wares or merchandise whatsoever and who hires, leases, occupies or uses any room, apartment, store, shop, building, railway car, automobile or other motor vehicle in a stationary position or other place or structure for the exhibition and sale of such goods, wares or merchandise shall take out a license for the same from the Council of Old Forge Borough; provided, however, that nothing herein contained shall apply to farmers selling their own produce on the property where such produce is grown.

§ 239-3 License fee; renewal; violations and penalties. [1]

The amount of such license shall be a sum as set from time to time by resolution of the Borough Council, to be paid to the Borough of Old Forge Treasurer. Said license shall be renewed monthly during the continuance of said sale, and, upon failure of any person so to secure such license, he shall, upon conviction in a summary proceeding before a Magisterial District Judge, be fined not more than $600, plus costs, and, in default of payment of such fine and costs, shall be imprisoned in the Lackawanna County Jail for a period not exceeding 30 days.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 239-4 Exemption from license fee.

The following named groups will be exempt from the license fee but not from the registration and licensing procedures and requirements: farmers selling their own produce or any person or group selling goods, wares or merchandise donated by the owners thereof, the proceeds whereof are to be applied to any charitable or philanthropic purpose, or to any sale of goods, wares or merchandise within an enclosed area where admissions are charged or garage/yard sales held at the residence of the seller. (This activity shall be limited to one sale per year.)

§ 239-5 Operation restrictions.

A. 
No person may occupy a stationary position for the purpose of a transient retail business on any public street, sidewalk, park or any other public right-of-way within the Borough of Old Forge. All transient retail businesses must provide a minimum of four off-street parking spaces that are improved sufficiently to ensure that mud, dust and debris are not carried onto adjacent streets and properties.
B. 
No person operating a transient retail business shall sell or attempt to sell goods, wares and merchandise to motorists on public streets, nor impede traffic in any fashion.
C. 
No transient retail business may occupy an area within 150 feet of an intersection of two public streets.
D. 
No transient retail business may place a sign on the public sidewalks, streets or rights-of-way within the Borough of Old Forge.

§ 239-6 Prelicensing requirements.

All transient retail businesses must comply with all of the following in order to receive a transient retail license:
A. 
Provide a letter from the owner of the property where the transient retail business will be located stating the applicant has permission to occupy that area for a specific period of time for the purpose of conducting a transient retail business.
B. 
Provide a plot plan of the area to be used showing the location of any stand, vehicle, etc., to be used in conjunction with the transient retail business. This plan must also show proposed off-street parking for potential customers and any existing buildings and street rights-of-way on or adjacent to the site; must be established in a zone designated for the operation of a retail business.
C. 
Provide a description of goods and wares to be sold.
D. 
Provide the date or dates the area will be used for transient retail business.
E. 
Complete an application furnished by the Borough of Old Forge to officially request a transient retail license no later than 14 days prior to establishing the transient business.

§ 239-7 Issuance of license.

Anyone who applies for a transient retail license and submits to the Borough the required information listed within this article will be issued a license within seven working days from the date all information is received.
[Adopted 7-26-2011 by Ord. No. 2011-2]

§ 239-8 Title.

This article shall be known and cited as the "Borough of Old Forge Peddling and Soliciting Ordinance."

§ 239-9 Definitions.

The following words and phrases, when used in this article, shall have the meanings indicated herein below, except where the context clearly indicates or expressly requires a different meaning:
APPLICANT
A person who desires to secure a peddling and soliciting permit.
MINOR
Any natural person 18 years of age or younger who has not graduated from high school.
PEDDLING or SOLICITING
Any of the following activities, events or practices: peddling, canvassing, soliciting or taking orders, either by sample or otherwise, for any goods, wares, merchandise, magazines, periodicals, books or other personal property or services to be furnished or performed now or in the future or solicitation of contributions for various causes and organizations, including charitable, religious, political, educational or philanthropic organizations, upon or from:
A. 
Any street, alley, sidewalk or public place or from house to house within the Borough; or
B. 
A fixed location within the Borough, on a temporary basis, which shall include, but not be limited to, any activities conducted at the time of special occasions or celebrations, for seasonal purposes, or for or in advance of particular yearly holidays.
PERMIT
The peddling and soliciting permit issued pursuant to the terms, conditions and provisions of this article.
PERMIT PERIOD
The period of time for which a permit has been issued and is valid.
PERMITTEE
The person to whom a transient retail business permit has been issued.
PERSON or PERSONS
Any natural person(s), association(s), organization(s), partnership(s), firm(s), joint venture(s), business entity(ies) or corporation(s).

§ 239-10 Permit required.

No person shall engage in peddling or soliciting within the Borough without first having registered with the Borough Zoning Officer and having obtained a permit.

§ 239-11 Application for permit; investigation.

A. 
An applicant for a permit shall file with the Borough Zoning Officer an application, in writing, on a form to be provided by the Borough for that purpose, which shall provide the following information:
(1) 
The applicant's name, home address and business address;
(2) 
The name and address of the applicant's employer, if any, or organization for whom the applicant shall be working;
(3) 
The name of each person employed or to be employed by the applicant to further the applicant's transient retail business within the Borough, if any;
(4) 
The nature of the proposed peddling or soliciting activity, event or practice;
(5) 
If applicable, the type of goods, wares, merchandise or service which is the subject of the applicant's peddling or soliciting;
(6) 
The length of time for which the right to engage in the peddling or soliciting is desired;
(7) 
The make, model and registration number of any vehicles used by the applicant in peddling or soliciting; and
(8) 
Any criminal record of the applicant or of each person employed or to be employed by the applicant within the Borough, if any, including convictions for any felony, misdemeanor or crime of moral turpitude.
B. 
The application shall be accompanied by the permit fee required by § 239-12 hereof and a photo identification of the applicant.
C. 
Upon receipt of any application for a peddling and soliciting permit, the Borough Zoning Officer shall direct the Borough Police Department to conduct an investigation of the applicant and the information set forth in the application. Said investigation shall be completed within 72 hours of the applicant's submission of the application. Upon completion of the investigation, the Borough Police Department shall report the results thereof to the Borough Zoning Officer.

§ 239-12 Permit fees; exemptions.

A. 
Except as hereinafter provided, every person engaged in peddling or soliciting within the Borough shall pay a permit fee in the amount as established by resolution of Borough Council from time to time.
B. 
No fees shall be charged for a permit for:
(1) 
The noncommercial dissemination of economic, political, cultural or religious information;
(2) 
The solicitation of funds for a bona fide charitable cause;
(3) 
The sale of donated goods, wares or merchandise, the proceeds of which are to be applied to any bona fide charitable or philanthropic purpose;
(4) 
The sale of donated goods, wares or merchandise by a person working without compensation for the sole benefit of any nonprofit organization; and
(5) 
Farmers selling their own produce.
C. 
The provisions of this article are not applicable to any minor engaged in any peddling or soliciting, the entire proceeds of which benefit the educational, charitable, philanthropic, or religious institution or social or sports organization to which the minor belongs or in which the minor is enrolled or participates.

§ 239-13 Issuance of permit; refusal.

A. 
The Borough Zoning Officer shall issue to the applicant a peddling and soliciting permit within 10 days of the date of the filing of the application; provided, however, that the applicant has filed a fully completed application and paid the permit fee, and provided further that an investigation reveals the person has not been convicted of a felony, misdemeanor or crime of moral turpitude or given false or misleading information on the application.
B. 
Where the Borough Zoning Officer refuses to issue a permit, the Borough shall return to the applicant the permit fee submitted by the applicant at the time of making the application, less $5 or the permit fee paid (if the permit fee paid is less than $5). The permit fee or portion thereof so retained shall be used to partially reimburse the Borough for the expenses of the investigation.

§ 239-14 Exhibition of permit.

Every permittee hereunder shall carry the permit upon the permittee's person or shall display it upon the permittee's vehicle, if the permittee is engaged in peddling or soliciting from house to house or upon any street, alley or public ground. If the peddling or soliciting is being conducted from a fixed location, the permit shall be displayed at said location. The permittee shall exhibit the permit, immediately upon request, to any police officer, Borough official or any citizen or resident of the Borough.

§ 239-15 Permit nontransferable; reporting lost permit.

A. 
No permit shall be transferable from one person to any other person.
B. 
If a permit is lost or stolen, the permittee shall immediately report same to the Borough Manager, who shall reissue the permit, at no charge, for the duration of the permit period.

§ 239-16 Expiration of permit.

Every permit shall automatically terminate at 8:00 p.m. on the day that the permit period expires.

§ 239-17 Prohibited acts; violations and penalties.

A. 
No person engaged in any peddling or soliciting activity shall:
(1) 
Sell any goods, wares, merchandise or service other than that provided for in the permittee's permit;
(2) 
Hawk or cry the permittee's wares upon any street, alley or public ground in the Borough, or use any loudspeaker or horn or other device for announcing the permittee's presence by which the public may be annoyed;
(3) 
When selling from a vehicle, stop or park the vehicle upon any street or alley in the Borough for longer than necessary in order to sell to persons residing or working in the immediate vicinity;
(4) 
Be guilty of any false pretense or misrepresentation and particularly shall not represent the permittee's permit to be an endorsement by the Borough of the permittee's goods or services or the goods or services of the permittee's employer;
(5) 
Enter or attempt to enter any dwelling without the invitation or permission of the occupant and/or refuse to leave any premises upon request of the occupant;
(6) 
Engage in any house-to-house activity, except by prior appointment, before the hour of 9:00 a.m. or after the hour of 8:00 p.m.; or
(7) 
Transfer or attempt to transfer or permit any other person to have possession of the permittee's permit or cause or permit the permittee's permit to be altered or defaced in any way.
B. 
Whenever in this article or in any ordinance of the Borough any act is prohibited or is made or declared to be unlawful, where no specific penalty is provided for that act, the violator of any such provision of this article or ordinance shall, upon conviction, for every such violation, be sentenced to pay a fine of not less than $100 nor more than $600, and costs of prosecution, or, in default of payment of fine and costs, to be imprisoned for not more than 30 days.

§ 239-18 Suspension or revocation of permit; appeals.

A. 
The Borough Zoning Officer may suspend or revoke any permit when such suspension or revocation is deemed to be in the interest of the public health, safety, welfare, or morals of the Borough or its inhabitants for violation of any provision of this article or for giving false information upon any application for a permit hereunder.
B. 
Suspension or revocation of a permit shall be immediate upon written notice thereof to the permittee or any officer or employee of the permittee.
C. 
Appeals from any suspension, revocation or failure to issue a permit may be made to the Borough Council at any time within 10 days after said failure to issue, suspension or revocation. No portion of a permit fee shall be refunded to any person whose permit is suspended or revoked.