[HISTORY: Adopted by the Borough Council
of the Borough of Coudersport 4-11-1984 by Ord. No. 448. Amendments noted where
applicable.]
A.
CART
PEDDLER
PERSON
TRANSIENT RETAIL BUSINESS
TRANSIENT RETAIL DEALER
As used in this chapter, the following terms shall
have the meanings indicated:
Refers to any vehicle used by the foot peddler.
Any person engaged in a transient retail business who operates
on foot without a cart or from a vehicle.
Any natural person, association, partnership, firm or corporation.
Engaging in peddling, canvassing, soliciting or taking of
orders either by sample or otherwise of any goods, wares, merchandise
or services upon any of the streets or sidewalks, from house to house,
by vehicle or by telephone, anywhere within the Borough of Coudersport.
Any person who shall engage in transient retail business
as hereinabove defined and who maintains his normal and customary
place of business outside the Borough of Coudersport.
B.
In this chapter, the singular shall include the plural
and the masculine shall include the feminine and the neuter.
C.
This chapter shall not apply to persons who conduct
their businesses from an established street address within the Borough
of Coudersport when such street address is the usual and customary
address of such person.
Every person, whether principal or agent or
otherwise, prior to commencing a transient retail business within
the Borough of Coudersport, shall obtain a license as herein provided.
Every person desiring to make application for
a transient retail dealers' license in the Borough of Coudersport
shall provide two photographs, approximately two inches by three inches,
at his expense; one of which will be affixed to the license, the other
retained by the Borough and shall provide photographs of each additional
employee or assistant.
Every person, prior to engaging in a transient
retail business within the Borough of Coudersport, shall first make
application to the Borough of Coudersport for a license. Final approval
or disapproval will be granted by the Mayor or Borough Manager within
10 days of receipt of application. The Borough shall make a reasonable
good faith effort to evaluate each application as soon as possible.
After such application is received, it shall be the responsibility
of the Chief of Police to evaluate previous criminal records, if any.
Furthermore, a thorough investigation of the applicant and his product
or service and sales practices shall be undertaken so as to protect
the residents of the Borough. Individuals with previous convictions
of a felony or misdemeanor may be refused a license at the Mayor's
or Manager's discretion. Any individual license shall be required
for each employee, assistant or partner of the transient retail business.
No license issued under this chapter shall be transferable from one
person to another. The application shall contain the following applicable
information.
A.
Names. The name of the business, meaning the firm,
corporation, or person owning or operating such business, the name
of the individual conducting or managing such business within the
Borough, and the names of all persons, whether resident or not, participating
in and assisting in the conducting of said business.
B.
Addresses. The permanent and local addresses of all
persons, firms or corporations referred to above, together with the
address or location or any place of business or location within the
Borough from which said business will be conducted.
C.
Other information. Personal description including
age, weight, height, color of eyes, color of hair, previous convictions
of criminal offenses, if any, and other descriptive information relative
to each individual as referred to in this section.
D.
Nature of business. A complete and accurate description
of the nature and type of business to be conducted including, but
not limited to the procedure and methods used in contacting any interesting
potential customers, and also including the hours and days during
which such business shall be conducted and the length of time for
which the license is being requested.
E.
Description of vehicle or cart. A description of any
carts, including color, size and type of vehicles used by any of the
individuals referred to in this section, including make, year, license
plate, name of registered owners, operator's number and names of any
operators of said carts or vehicles.
F.
Items for sale. A complete description of the goods,
wares, merchandise or articles to be sold, ordered or bartered, including
prices, deposits required, and any contract, if any, to be offered
to the general public for such purchases.
G.
Pennsylvania sales tax identification number.
H.
Other. Other information required or desired by the
Mayor, Chief of Police or by the Borough Manager.
[Amended 3-19-2014 by Ord. No. 611]
No license shall be issued under this chapter
until the proper fee, as follows, shall be paid to the Borough of
Coudersport, which shall be for the use of the Borough to defray administrative
and enforcement costs:
A.
Five dollars
per day for each day.
B.
Twenty
dollars per month for any particular calendar month as selected by
the applicant.
C.
Thirty
dollars per season. For purposes of this subsection, a season shall
be defined as constituting 90 consecutive days. Upon payment by the
applicant for such license, the ninety-day period shall be established
as follows: such 90 consecutive days shall be as selected during the
immediate next three-hundred-sixty-five-day period as the applicant
shall identify and present in writing, at the time of application,
to Borough officials (i.e., the applicant can in writing define the
90 consecutive days as applicant wishes); or if the applicant shall
fail to select such time period, at the time of application, in writing,
then the ninety-day consecutive period shall commence with the first
day being the day of payment of said fee.
D.
Fifty dollars
per year with the year being defined as 365 days and the first day
being the date of payment of said fee.
Every such transient retail dealer or person
or firm engaged in such business shall be responsible for the payment
of wage or income taxes payable by himself or itself or any employee
thereof as a result of income earned within the Borough of Coudersport,
unless otherwise exempt by law, shall be required to make a quarterly
report and payment to the Coudersport Area Earned Income Tax Bureau
at the time such transient retailer ceases doing business within the
Borough, of the names and addresses of all such employees or agents,
liable to pay such tax and the amount of earnings applicable thereto.
Upon making application therefor and paying
the proper fee as herein specified and with the approval of the Mayor
or Borough Manager that all requirements of the Part have been satisfied,
a license shall be issued to every transient retail dealer. Such license
shall contain information required to be given on the application
therefor. Every transient retail dealer shall at all times when engaged
in such business in the Borough, carry such license upon his person,
and shall exhibit such license, upon request, to all police officers,
Borough officials, prospective customers, as well as any interested
citizen. No transient retail dealer shall engage in selling any product
not mentioned upon such license nor shall such dealer sell in a manner
or location not indicated in such license.
The Borough reserves the right to require health
inspections of any items offered for sale for human consumption.
The Chief of Police shall keep a record of all
licenses issued and registrations made under this chapter and shall
be responsible for supervising the activities of all holders of such
licenses and transient retail dealer exempt from obtaining licenses.
The Mayor or the Borough Manager is hereby authorized
to suspend any license issued under this chapter when he deems such
suspension to be beneficial to the public health, safety and morals,
or for the violation of any provisions of this chapter, or for giving
false information or misrepresentation upon any application for a
license, or for making false or fraudulent statements in the operation
of his business, or for convictions of any crimes other than minor
traffic violations. Any ground for suspension as specified herein
shall also constitute grounds for the denial of a license at the application
stage.
All such transient retail dealers shall conform to all other ordinances and regulations of the Borough of Coudersport, including, but not limited to, Chapter 450, Zoning, of the Code of the Borough of Coudersport.
A.
The provisions of this chapter relating to payment
of fees and obtaining a license shall not apply to the following excepted
categories:
(1)
Farmers selling their own produce;
(2)
Persons selling goods, wares and merchandise the proceeds
whereof are to be applied to any charitable, educational, or philanthropic
purposes.
(3)
Any manufacturer or producer in the sale of bread
or bakery products, meat and meat products, or milk and milk products.
(4)
Organizations sponsoring generally recognized community
events may apply for an exemption from compliance with this chapter
for transient retail dealers and peddlers who are taking part in such
community events under the auspices of the sponsoring organization.
Such organization shall provide the Borough of Coudersport with the
names, addresses and description of the nature of each such peddlers
or transient retail dealers' business and shall state what investigation,
if any, the sponsoring organization has made relative to such peddlers
or transient retail dealers.
B.
The Mayor or the Borough Manager may exempt such peddlers
and transient retail dealers from compliance with this chapter if
such exemption is consistent with the health, safety and welfare of
the residents of the Borough of Coudersport, provided there has been
full compliance with this subsection by the sponsoring organization.
[Amended 7-8-1987 by Ord. No. 474]
Any person, firm or corporation who shall violate
any provision of this chapter shall, upon conviction thereof, be sentenced
to pay a fine of not more than $300; and/or to imprisonment for a
term not to exceed 90 days. Every day that a violation of this chapter
continues shall constitute a separate offense.
Any person who is refused a license or has his
license suspended may appeal such action to Borough Council in writing
within 10 days after license has been denied or suspended. Such person
shall be present at the time Borough Council reviews the appeal.
