[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]
As used in this article, the following terms shall have the
meanings indicated:
For the purposes of this article, that which allows an individual
and/or his employees to operate said business as identified by the
permit.
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.
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.)
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.
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:
A person who desires to secure a peddling and soliciting
permit.
Any natural person 18 years of age or younger who has not
graduated from high school.
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:
Any street, alley, sidewalk or public place or from house to
house within the Borough; or
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.
The peddling and soliciting permit issued pursuant to the
terms, conditions and provisions of this article.
The period of time for which a permit has been issued and
is valid.
The person to whom a transient retail business permit has
been issued.
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.
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.
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.
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.
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.
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.
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.
