[HISTORY: Adopted by the Borough Council of the Borough of
Colwyn 3-17-1947 by Ord. No. 182, approved 3-17-1947. Amendments noted where applicable.]
A.
PERSON
As used
in this chapter, the following terms shall have the meanings indicated:
Includes a partnership, an unincorporated association and
a corporation.
B.
The masculine
gender as used in this chapter shall be construed to include the feminine
and neuter, and the singular shall be construed to include the plural.
[Amended 10-13-1983 by Ord. No. 426, approved 10-13-1983]
No person shall, without first having made application to the
Chief of Police for the license herein required, paid the fee herein
required and obtained a license therefor, do any of the following
acts or engage in any of the following businesses within the Borough
of Colwyn:
A.
Enter into, begin or conduct, whether as principal or agent, a transient
retail business for the sale of goods, wares or merchandise of any
kind.
B.
Canvass from house to house for the purpose of selling or offering
for sale or taking orders for any goods, wares or merchandise of any
kind, or books, periodicals or other publications.
C.
Hawk, huckster or peddle any goods, wares or merchandise of any kind.
D.
Engage in the business of buying or collecting, itinerantly along
the streets of the Borough or from house to house, refuse or discarded
material of any kind, commonly known as "junk."
The licenses required by § 108-2 of this chapter shall
be for the periods as hereinafter set forth:
A.
Transient retail merchant, one month and a like period for each renewal
thereof.
B.
Canvasser, one week or one month, at the option of the licensee.
C.
Peddler, hawker, huckster, one day, one month or one year, at the
option of the licensee.
D.
Junk buyer or collector, one day, one month or one year, at the option
of the licensee.
[Amended 6-21-1965 by Ord. No. 277, approved 6-21-1965; 5-10-1979 by Ord. No.
391, approved 5-10-1979]
A.
The fees for the licenses required by § 108-2 of this chapter
shall be as follows:
(1)
Transient retail merchant: $400.
(2)
Canvasser: $2 per day or $6 per week or $50 per year.
(3)
Peddler, hawker or huckster: $2 per day; $6 per week; $50 per year.
(4)
All home-repair solicitors
are required to pay a fee of $50; in addition, they are required to
present the following information at the time of application:
B.
All fees herein required shall be collected by the Chief of Police
and paid into the Treasury of the Borough.
A.
The license required by this chapter shall be in substantially the
form following:
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COMMONWEALTH OF PENNSYLVANIA
Borough of Colwyn
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________________________
(Name of Licensee)
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having complied with the provisions of Ordinance No. 182 of
the Borough of Colwyn, is here licensed to ____________________ within
the Borough of Colwyn for a period of one _______________ from the
date hereof, subject to the provisions of Ordinance No. 182, approved
the 17th day of March A.D. 1947. Issued the _____ day of ___________
2___
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THE BOROUGH OF COLWYN
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No. ______________________
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Chief of Police
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B.
The license shall bear the description and the residence of the licensee,
to be filled in by the Chief of Police at the time of issuance.
[Amended 10-13-1983 by Ord. No. 426, approved 10-13-1983]
[Added 6-21-1965 by Ord. No. 277, approved 6-21-1965]
A.
A badge will be issued to the licensee and must be worn on his person
at all times while conducting his authorized business in the Borough
of Colwyn. Failure to comply with this provision of this chapter will
be considered a violation of this chapter and will subject the offender
to be fined accordingly.
Before any license shall be issued under this chapter, it shall
be the duty of the person proposing to engage in any capacity for
which a license is hereby required to make application therefor in
writing under oath to the Chief of Police, upon a printed form to
be provided for such purpose by the Borough, setting forth the name,
age, personal appearance and description, place of business, if any,
and residence of the applicant, and the place of business, if any,
of the principal of the applicant, the business to be engaged in and/or
the goods, wares, merchandise or other articles to be sold or for
which orders are to be taken, the name and address of the principal,
if any; the number of days or months the applicant proposes to engage
in business; the place at which the goods are to be sold if the applicant
is a transient retail merchant; the number of vehicles to be used
and the manufacture, registration number and motor number of each;
whether the applicant has been convicted of any offenses and the details
of any such offense; and, in the case of a farmer or person selling
vegetable or animal products raised on his own land, the location
of such farm or land.
Any person complying with the provisions of this chapter shall
be entitled to do the acts specified in such license for the term
therein stated; provided, however, that the license shall be personal,
individual and not transferable and shall not be construed to permit
employment of unlicensed agents. The issuance of a license hereunder
to a junk buyer or collector shall not be deemed to permit such person
to remove any article from any receptacle, or pile or bundle of refuse
material placed by owners for collection by the Borough; any such
removal without the consent of the person who so placed the receptacle,
pile or bundle by any person, licensed or unlicensed, is hereby prohibited.
[Amended 6-21-1965 by Ord. No. 277, approved 6-21-1965]
A.
Every licensee shall display said license badge on his person at
all times while engaged in doing the acts permitted by the license
issued to him under this chapter.
B.
No licensee shall permit any other person to use his license; such
use shall operate to revoke the permit, in addition to subjecting
the licensee to the penalties of this chapter.
C.
Every licensee shall report to the Chief of Police any change of
his residence or place of business within 48 hours after such change.
[Amended 6-21-1965 by Ord. No. 277, approved 6-21-1965]
No licensee hereunder shall park any vehicle on any street or
alley of the Borough of Colwyn for the purpose of sorting, arranging
or cleaning his goods, wares or merchandise. Nothing herein contained
shall be construed to permit any licensee hereunder to keep or maintain
a curb stand or street market on any street or alley of the Borough
of Colwyn longer than is necessary to sell therefrom to persons resident
within the immediate vicinity thereof. All vehicles must be parked
at the curb while conducting business.
No licensee shall canvass, hawk, huckster, peddle or collect
junk before 7:00 a.m. Eastern standard time or after sunset of any
day, excluding Sunday.
Any false statement in the application hereby required shall
operate to revoke the license issued under such application and shall
render the applicant liable to the penalties of this chapter.
A.
The issuance of a license as herein provided for shall not be construed
to permit the selling of any article or the doing of any act prohibited
by law or any other ordinance of the Borough of Colwyn now in force
or which may hereafter be passed.
B.
Nothing herein contained shall be construed to require the payment
of a license fee by or for any of the following:
(1)
Any person selling exclusively vegetable or animal products raised
on his own land.
(2)
Any person selling exclusively goods of his own manufacture.
(3)
The collection of or sale of any goods, wares or merchandise donated
by the owners thereof, the entire proceeds whereof are to be applied
to any charitable or philanthropic purpose.
(4)
Any person taking orders for merchandise by sample from dealers or
merchants, for individuals or companies who pay a license or mercantile
tax at their chief places of business.
(5)
Insurance companies or their agents or insurance brokers authorized
to transact business under the laws of this commonwealth.
(6)
Any honorably discharged, disabled or pensioned soldier, sailor or
marine of the military or naval services of the United States upon
compliance with the provisions of law.
(8)
Any manufacturer or producer in the sale of bread and bakery products,
meat and meat products or milk and milk products.
(9)
Any persons exempted by law from paying a license fee to do the acts
permitted to a licensee hereunder.
C.
The exemptions from payment of a license fee hereinbefore provided
shall not be construed to relieve any person from applying for and
obtaining the license herein required which in the case of persons
and sales so exempt, shall be issued without charge.
[Amended 10-13-1983 by Ord. No. 426; 11-10-1988 by Ord. No. 447]
Any person who violates any provision of this chapter shall,
upon conviction thereof, be subjected to a fine of not more than $600
and costs of prosecution, and, in default thereof, shall undergo imprisonment
in the Delaware County Prison for a term not exceeding 30 days. Every
day such violation shall continue shall constitute a separate offense.
