[Adopted 6-17-1997 by Ord. No. 1997-6]
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.
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.
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.
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.)
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.
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]
This article shall be known and cited as the "Borough of Old
Forge Peddling and Soliciting Ordinance."
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).
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.
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.
Every permit shall automatically terminate at 8:00 p.m. on the
day that the permit period expires.