[HISTORY: Adopted by the Borough Council of the Borough of Morrisville
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-14-1985 by Ord. No. 800]
A.
LEGAL HOLIDAY
PERSON
TRANSIENT RETAIL BUSINESS
(1)
(2)
As used in this article, the following terms shall have
the meanings indicated, unless a different meaning clearly appears from the
context:
New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving
Day, and Christmas Day.
[Amended 7-15-2002 by Ord. No. 921]
Any natural person, partnership, association, corporation,
or other legal entity.
[Amended 7-15-2002 by Ord. No. 921]
Engaging in peddling, soliciting, or taking orders, either by sample
or otherwise, for any goods, wares, or merchandise upon any street, alley,
sidewalk, or public ground, or from house to house, within the Borough; or
Selling, soliciting, or taking orders for any goods, wares, or merchandise,
from a fixed location within the Borough of Morrisville, on a temporary basis,
which shall include, but not be limited to, such activities conducted at the
time of special occasions or celebrations, for seasonal purposes, or for or
in advance of specific yearly holidays.
B.
The singular shall include the plural; the plural shall
include the singular; and the masculine shall include the feminine and the
neuter.
[Amended 7-15-2002 by Ord. No. 921]
A.
No person shall engage in any transient retail business
within the Borough of Morrisville without first having obtained from the Borough
Secretary and/or Borough Manager a license, for which a fee shall be charged.
Such fees shall be provided by Borough Council by resolution in its Fee Schedule.[1] Provided, further, that every license issued under the provisions
of this article shall be issued on an individual basis to any person or persons
engaging in such business; every individual shall obtain a separate license,
issued to him in his name, and the license fee hereby imposed shall be applicable
to every such individual license.
[1]
Editor's Note: The Fee Schedule is on file in the Borough offices.
B.
In the event that a company, corporation, individual
or partnership shall engage more than one person to peddle or to sell at transient
retail, then for each license a fee shall be paid. The Borough shall from
time to time at its discretion have the right to revise fees by resolution,
and list these fees in the Borough Fee Schedule.
C.
Any license granted in pursuance of this article shall
be valid for a period of up to and including 30 days after the date of said
license, and in the event that any such license shall expire, any person,
partnership, firm, organization or corporation desiring to continue or to
renew peddling or selling at transient retail shall be required to file a
new application for a permit and pay a new license fee. Except that any company,
corporation, individual, firm, organization or partnership that shall engage
in selling at transient retail business of a seasonal nature may apply for
a permit for a period up to 90 days and pay a fee equal to the established
monthly thirty-day fee for each person so engaged in the transient sale business.
A.
No license fee shall be charged:
[Amended 7-15-2002 by Ord. No. 921]
(1)
To farmers selling their own produce;
(2)
The sale of goods, wares, and merchandise, donated by
the owners thereof, the proceeds whereof are to be applied to any charitable
or philanthropic purpose;
(3)
To any manufacturer or producer in the sale of bread
and bakery products, meat and meat products, or milk and milk products; provided
that the term "milk or milk products" shall not include or apply to ice cream
or other frozen desserts;
(4)
To children under the age of 18 years who take orders
for and deliver newspapers, greeting cards, candy, bakery products, and the
like, or who represent the Boy Scouts or Girl Scouts or similar organizations;
(5)
To any honorable discharged member of any of the armed
services who complies with the Act of 1867, April 8, P.L. 50, 60 P.S. § 61
(1982), hereafter amended, supplemented, modified or reenacted by the General
Assembly of Pennsylvania, and who procures from the Prothonotary a certificate
in pursuance of the Act of 1867; or
(6)
To any person who has complied with the provisions of
the Solicitation of Funds for Charitable Purposes Act, December 19, 1990,
P.L. 1200, 10 P.S. § 162.1 et seq., as amended.
B.
But all persons exempted hereby from the payment of the
license fee shall be required to register with the Borough Secretary and obtain
a license without fee; provided that any person dealing in one or more of
the above-mentioned exempted categories, and dealing with other goods, wares,
or merchandise not so exempted, shall be subject to the payment of the license
fee fixed by this section for his activities in connection with the sale of
goods, wares, and merchandise not in such exempted categories. Provided, further,
that the Borough Secretary may similarly exempt from payment of the license
fee, but not from registering with him, persons working without compensation
and selling goods, wares, or merchandise for the sole benefit of any nonprofit
corporation. Provided, further, that every license issued under the provisions
of this article shall be issued on an individual basis to any person or persons
engaging in such business; every individual shall obtain a separate license,
issued to him in his name, and the license fee hereby imposed shall be applicable
to every such individual license, except that a representative of a charitable
organization may obtain licenses for the applicants therein.
[Amended 7-15-2002 by Ord. No. 921]
A.
Every person desiring a license under this article shall
first make application to the Borough Secretary and/or Borough Manager for
such license on form provided by the Borough. Every person shall, when making
such application, exhibit a valid license from any state or county officer,
if such license is also required.
B.
The applicant shall:
(1)
State his criminal record, if any;
(2)
State his full name and address and, if not self-employed,
the name and address of the person by whom he is employed;
(3)
State the type of goods, wares, and merchandise he wishes
to deal with in such transient retail business;
(4)
State the length of time for which license is to be issued;
and
(5)
State the type and license number of the vehicle to be
used, if any;
(6)
Upon request submit to fingerprinting;
(7)
Provide a photo ID;
(8)
Indicate the days of the week and the hours during which
the transient business will be conducted; and
(9)
Provide proof of insurance (liability, workers' compensation,
vehicle, etc.) if requested by the Borough Secretary and/or Borough Manager.
C.
The applicant shall sign the application and, by so doing,
shall verify that the statements made in the application are true and correct.
And the applicant further understands that false statements therein are made
subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn
falsification to authorities.
D.
Additionally, the Borough Secretary and/or Borough Manager
may request the Chief of Police to conduct a criminal history check.
[Amended 7-15-2002 by Ord. No. 921[1]]
A.
Upon receipt of such application and the prescribed fee,
the Borough Secretary and/or Borough Manager, if he shall find such application
in order, shall issue the license required under this article. The Borough
Secretary and/or Borough Manager may request a review of such an application
for such license by the Chief of Police. Any objections of the Chief of Police
shall be written and shall constitute basis to deny the license.
B.
Such license shall contain the information required to
be given on the application therefor. Every license holder shall carry such
license upon his person if engaged in transient retail business from house
to house or upon any of the streets, alleys, sidewalks, or public grounds,
or shall display such license at the location where he shall engage in such
business if doing so at a fixed location. He shall exhibit such license, upon
request, to all police officers, municipal officials, and citizens or residents
of the Borough.
C.
In addition, every license holder must also carry visibly
on his person a photo identification card.
[1]
Editor's Note: This ordinance also provided that former § 405,
Character References, be deleted.
[Amended 7-15-2002 by Ord. No. 921]
No person in any transient retail business shall:
A.
Sell any unlawful product or any product not mentioned
in his license;
B.
Create a disturbance or nuisance by noise in selling
his wares upon any of the streets, alleys, sidewalks, or public grounds in
the Borough;
C.
Violate any of the Borough traffic or parking ordinances;
D.
Park any vehicle upon any of the streets or alleys in
the Borough for the purpose of sorting, rearranging, or cleaning any of his
goods, wares, or merchandise or of disposing of any carton, wrapping material,
or stock, wares or foodstuffs which have become unsatiable through handling,
age or otherwise; and
E.
Engage in any business activity, except by prior appointment,
at any time generally construed as unreasonable, or between the hours of 9:00
p.m. and 10:00 a.m. on any day of the week.
The Chief of Police shall supervise the activities of all persons holding
licenses under this article. He shall keep a record of all licenses issued
hereunder and shall make a report thereof each month to the Borough Council.
[Amended 7-15-2002 by Ord. No. 921]
The Chief of Police or Borough Secretary and/or Borough Manager are
hereby authorized to suspend or revoke any license issued under this article
when it is deemed that such suspension or revocation is beneficial to the
public health, safety, or morals, for violation of any provision of this article,
or for giving false information upon any application for a license hereunder.
Appeals from any suspension or revocation may be made to the Borough Council
at any time within 10 days after such suspension or revocation. No part of
a license fee shall be refunded to any person whose license shall have been
suspended or revoked. Any person whose license has been suspended or revoked,
and upheld if appealed, shall be prohibited from future applications for said
license.
Any person, firm or corporation who shall violate any provision of this
article shall, upon conviction thereof, be sentenced to pay a fine not more
than $300 together with costs of prosecution, or to imprisonment for not more
than 30 days. Each day that a violation of this article continues shall constitute
a separate offense.
