[HISTORY: Adopted by the Borough Council of the Borough of Tullytown as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting in parks — See Ch. 115.
[Adopted 5-9-1955 by Ord. No. 51Ch. 13, Part 1 of the 1985 Code)]
A. 
As used in this article, the following terms shall have the meanings indicated:
PEDDLER
Any person who shall engage in peddling as herein defined.
PEDDLING
Engaging in peddling, canvassing, soliciting, hawking, vending, offering for sale from door to door, or taking orders from door to door by sample or otherwise for any goods, wares or merchandise upon any of the streets and sidewalks, or from house to house within the Borough of Tullytown; provided that the word "peddling" shall not apply to:
(1) 
Farmers selling their own product;
(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) 
Any manufacturer or producer in the sale of bread and baked products, meat and meat products, or milk or milk products;
(4) 
Any honorably discharged soldier, sailor and marine of the military service of the United States who complies with an Act of Assembly approved April 8, 1867, P.L. 50, as amended, and who procures from the prothonotary of the proper county a certificate in pursuance of the provisions of the said Act of Assembly.
PERSON
Any natural person, association, partnership, firm, organization or corporation.
B. 
In this article the singular shall include the plural, and the masculine shall include the feminine and the neuter.
A. 
Every person desiring to engage in peddling in the Borough of Tullytown shall first make application to the Borough for a license. If such person shall also be required to obtain a license from any county officer, he shall, on making such application, exhibit a valid county license. The said application shall be upon a blank provided by the Borough and shall contain at least the following information verified by oath or affirmation:
[Amended 11-18-2003 by Ord. No. 285]
(1) 
Full name of the applicant and local address, if any.
(2) 
Permanent address.
(3) 
Name of employer or a statement that such applicant is self-employed.
(4) 
The nature of the goods, wares or merchandise offered for sale.
(5) 
A statement as to whether or not the applicant has ever been convicted of any crime, and if the answer is in the affirmative, the nature of the offense or offenses and the punishment or punishments imposed therefor.
(6) 
The type of vehicle to be used, if any.
(7) 
Upon request, the applicant shall also submit to fingerprinting and furnish a photograph.
B. 
Where a person makes application for himself and one or more helpers, all applicable personal information specified above shall be given for each helper, and verified or affirmed by oath or affirmation by him, and an individual license shall be required for each helper. No license under this article shall be transferable from one person to another.
[Amended 11-18-2003 by Ord. No. 285]
No license shall be issued under this article until the license fee as established from time to time by resolution of the Borough Council shall be paid to the Borough, and it shall be for the use of the Borough. A separate application shall be filed and a separate permit fee shall be paid by each person who shall actually conduct the peddling and shall apply where an employer desires to secure licenses for his employees, agents or servants.
The license granted pursuant to this article shall be valid for 30 days after the date of such license, and upon the expiration of any license, if the person holding the same shall desire to continue to renew peddling, he shall be required to file a new application for a permit and pay a new license fee.
No person licensed as a peddler under this article shall engage in peddling on any day of the week before 9:00 a.m. or after 8:00 p.m. During the time of the year when Eastern standard time is effective, the aforesaid hours shall be Eastern standard time, and during the time of the year when daylight saving time is effective, the aforesaid hours shall be daylight saving time.
No person licensed as a peddler under this article shall park any vehicle upon any of the streets, highways, or alleys of the Borough in order to sort, rearrange or clear any of his goods, wares or merchandise; nor shall any such person place or deposit any refuse on any such streets, highways or alleys; nor shall any such person maintain or keep a street or curbstone market by parking any vehicle upon any street or alley in the Borough for longer than necessary in order to sell therefrom to persons residing in the immediate vicinity.
[Amended 11-18-2003 by Ord. No. 285]
The Borough shall keep a record of all licenses issued under this article, and the Chief of Police shall apply daily for list of licenses issued hereunder since the previous day. The Chief of Police shall supervise the activities of all holders of such licenses.
[Amended 11-18-2003 by Ord. No. 285]
Any license issued under this article may be suspended or revoked at any time by the Borough of Tullytown upon proof being furnished that the application for the license contained false information or that the applicant or licensee was convicted of a crime involving moral turpitude after the issuance of such license and that the licensee was convicted of disorderly conduct under any law of the Commonwealth of Pennsylvania or any ordinance of the Borough of Tullytown.
[Amended 11-26-1985 by Ord. No. 175]
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $300, together with costs of prosecution, or to imprisonment for a term not to exceed 30 days. Every day that a violation of this article continues shall constitute a separate offense.
[Adopted 5-9-1955 by Ord. No. 50 (Ch. 13, Part 2 of the 1985 Code)]
[Amended 11-18-2003 by Ord. No. 285]
Hereafter no person, firm, association or corporation shall engage in a transient retail business within the Borough of Tullytown for the sale of any goods, wares or merchandise, nor shall he hire a place or occupy any room, apartment, store, building or other structure or place whatever for the exhibition and sale of such goods, wares or merchandise, without having first obtained a license from the Borough.
[Amended 6-19-1961 by Ord. No. 94; 11-18-2003 by Ord. No. 285]
The fee to be paid for such license shall be as established from time to time by resolution of the Borough Council for each month or fractional part thereof, and shall be collected by the Borough before issuing any license under the provisions of this article. Such fee shall be for the use of the Borough and shall be applied toward the expense of the inspection by the Borough of the premises occupied and used by the holders of such licenses and of the necessary supervision over the activities of such license holders by the Borough. Such license may be renewed by the Borough for any subsequent month upon payment of the license fee herein provided and upon filing a new application as hereinafter provided.
[Amended 11-18-2003 by Ord. No. 285]
Before such license shall be issued, the person, firm, association or corporation desiring such license shall file an application with Tullytown Borough upon a form supplied by the Borough.
[Amended 11-18-2003 by Ord. No. 285]
Such license shall set forth the business to be conducted by the licensee and may be revoked by the Borough if there shall have been committed any breach of the conditions set forth in the license or any breach of this article, and in the event of such revocation of any such license no portion of the license fee paid shall be refunded.
Nothing contained in this article shall be construed to apply:
A. 
To farmers selling their own produce;
B. 
To the sale of goods, wares and merchandise donated by the owner thereof, the proceeds whereof are to be applied to any charitable or philanthropic purpose; or
C. 
To any manufacturer or producer in the sale of bread or bakery products, meat or meat products, or milk or milk products.
[Amended 11-26-1985 by Ord. No. 175]
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $300, together with costs of prosecution, or to imprisonment for a term not to exceed 30 days. Every day that a violation of this article continues shall constitute a separate offense.