As used in this chapter, the following terms shall have
the meanings indicated:
GOODS
Any goods, wares, foodstuffs, merchandise or services offered for
sale, whether or not displayed.
PERSON
Any natural person, association, partnership, firm or corporation.
PEDDLER
Any person who goes upon any of the streets or alleys, sidewalks
or public grounds or from house to house in the Borough of Ephrata, not having
been invited by the occupant or owner thereof, carrying or transporting goods,
wares, merchandise or personal property of any nature and offering the same
for sale. The term "peddler" shall include street vendor and transient merchant.
PEDDLING
The selling or offering for sale of any goods, wares, merchandise
or services for immediate delivery which the person selling or offering for
sale carries with him in traveling or has in his possession or control upon
any of the streets or sidewalks or from house to house within the Borough
and includes all activities ordinarily performed by a peddler as indicated
in this chapter.
POLICE CHIEF
The Chief of Police of the Borough of Ephrata or his designee.
RESIDENCE
Any separate living unit occupied for residential purposes by one
or more persons, contained within any type of building or structure.
SOLICITOR
Any person who goes upon any of the streets or alleys, sidewalks
or public grounds or from house to house in the Borough of Ephrata, not having
been invited by the occupant or owner thereof, for the purpose of taking or
attempting to sell or take orders for the sale of goods, merchandise, wares,
or other personal property of any nature for future delivery, or for services
to be performed in the future.
SOLICITING
Selling or attempting to sell goods or services, or to take or attempt
to take orders for services or goods to be performed or furnished in the future.
A soliciting transaction shall not include a sale made pursuant to a preexisting
retail charge agreement; or a sale made pursuant to prior negotiations between
the parties at a business establishment at a fixed location where goods or
services are offered or exhibited for sale; or a sale of realty in which transaction
the purchaser is represented by a licensed attorney or in which the transaction
is being negotiated by a licensed real estate broker.
SPECIAL EVENT
Any occasion, including but not limited to fairs, shows, exhibitions,
Borough-wide celebrations, and festivals, taking place within a specifically
defined area of the Borough for a period of time not to exceed seven days
and for which a sponsor is the licensee for all designated transient retail
businesses, merchants, and vendors permitted to conduct such activities as
part of the special event.
TRANSIENT RETAIL ACTIVITY
Any activity conducted by a peddler, vendor, solicitor, transient
merchant in his or her conduct of a transient retail business.
TRANSIENT RETAIL BUSINESS
(1)
Engaging in peddling, canvassing, soliciting and taking orders, either
by sample or otherwise, for any goods, wares or merchandise, upon any of the
streets or alleys, sidewalks or public grounds or from house to house in the
Borough of Ephrata; and
(2)
Selling, vending, soliciting or taking orders for any goods, wares or
merchandise from a fixed location in the Borough on a temporary basis, which
shall include, but shall not be limited to, such activities conducted at the
time of special events or celebrations, for seasonal purposes or for or in
advance of specific yearly holidays.
TRANSIENT MERCHANT
A person who engages or proposes to engage temporarily in merchandising
business in the Borough and occupies a room, building, tent, lot stand or
other premises for the purpose of selling, trading or bartering goods, wares
or merchandise.