[HISTORY: Adopted by the Borough Council of the Borough of New Wilmington 12-4-1967 by Ord. No. 285 (Ch. XIV of the 1967 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Fee Schedule — See Ch. A281.
A. 
As used in this chapter, the following terms shall have the meanings indicated:
PERSON
Any natural person, association, partnership, firm or corporation.
TRANSIENT RETAIL BUSINESS
Includes the following: engaging in peddling, selling, canvassing, soliciting or 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, within the Borough of New Wilmington; and selling, soliciting or taking orders for any goods, wares or merchandise, from a fixed location within the borough, on a temporary basis, which shall include but shall not be limited to such activities conducted at the time of special occasions or celebrations, for seasonal purposes or for or in advance of particular yearly holidays.
B. 
In this chapter, the masculine shall include the feminine and the neuter, the singular shall include the plural and the plural shall include the singular.
A. 
No person shall engage in any transient retail business within the Borough of New Wilmington without first having obtained from the Chief of Police a license for such. Except as provided in Subsection B, the following fees shall be charged for such license:
[Amended 1-3-2000 by Ord. No. 442]
(1) 
For one day: $20, as set from time to time by resolution of the Borough Council.
(2) 
For one week or fraction thereof: $50, as set from time to time by resolution of the Borough Council.
(3) 
For one month or fraction thereof: $150, as set from time to time by resolution of the Borough Council.
(4) 
For one year or fraction thereof: $1,000, as set from time to time by resolution of the Borough Council.
B. 
Although a license may be required, no fee shall be charged in any of the following cases:
(1) 
A farmer selling his 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) 
Any manufacturer or producer of bread and bakery products, meat and meat products or milk and milk products.
(4) 
Regular retail businesses conducting a portion of their regular retail business outside the normal confines of their borough establishment when participating in a planned community activity.
(5) 
Nonprofit groups or organizations who register with the New Wilmington Businessmen's Association (or a similar association recognized by the Mayor for such purpose) when participating in a planned community activity.
(6) 
Persons working without compensation and selling goods, wares or merchandise for the sole benefit of a nonprofit corporation and exempted by the Mayor.
C. 
Group license.
(1) 
The Chief of Police may grant a group license (rather than individual licenses) to regular retail businesses of the borough when participating in a planned community activity and when exempted from the license fee.
[Amended 1-3-2000 by Ord. No. 442]
(2) 
Any persons dealing in one or more categories exempted from the license fee but also selling other goods, wares and/or merchandise not exempted from the license fee shall be subject to the payment of the license fee fixed by § 239-2 for his activities and in connection with the sale of goods, wares and merchandise not exempted from the license fee.
(3) 
Except for the group license provided for under Subsection C(1), every license issued under the provisions of this chapter shall be issued on an individual basis to persons engaging in such transient retail business, and every such individual shall obtain a separate license, issued to him in his name, and the license fee and/or exemptions imposed by this chapter shall be applicable to every such individual license.
[Amended 1-3-2000 by Ord. No. 442]
Every person desiring a license under this chapter shall first make application to the Chief of Police for such license. If such person shall also be required to obtain a license from any state or county officer, he shall, when making such application, exhibit a valid license from such state or county officer. The applicant shall give his name and address; his previous criminal record, if any; the name of the person by whom he is employed; the type of goods, wares or merchandise he wishes to deal with in such transient retail business; the length of time for which the license is to be issued; and the type and license number of the vehicle to be used, if any.
[Amended 1-3-2000 by Ord. No. 442]
Upon receipt of such application and the requisite fee, the Chief of Police, if he shall find such application in order, shall issue the license required under this chapter. Such license shall contain the information to be given on the application. Every license holder shall carry such license upon his person, if engaged in a 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, borough officials and citizens or residents of the borough.
No person engaged in any transient retail business shall:
A. 
Sell any product or type of product not mentioned in his license.
B. 
Hawk or cry his wares upon any of the streets, alleys, sidewalks or public grounds in the borough or use any loudspeaker or horn or other device for announcing his presence by which the public may be annoyed.
C. 
When selling from a vehicle, stop or park such vehicle upon any of the streets or alleys in the borough for longer than necessary in order to sell therefrom to persons residing in the immediate vicinity.
D. 
Park any vehicle in 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 for disposing of any carton, wrapping material or of any stock or wares or of foodstuffs which have become unsalable through handling, age or otherwise.
E. 
Except at the time of special celebrations or occasions and with special permission of the Mayor, occupy any fixed location upon any of the streets, alleys, sidewalks or elsewhere out-of-doors within the borough for the purpose of the sale, storage or display of any goods, wares or merchandise, with or without a stand or counter.
F. 
Engage in such transient retail business at any time on Sunday and, in the case of so engaging from house to house, at any time before 9:00 a.m. or after 6:00 p.m. on weekdays.
The Chief of Police, under the direction of the Mayor, shall supervise the activities of all persons holding licenses under this chapter, and he shall keep a record of all licenses issued hereunder and make a report thereof at each regular meeting of the Borough Council.
[Amended 1-3-2000 by Ord. No. 442]
The Chief of Police is hereby authorized to suspend any license issued under this chapter when he deems such suspension to be beneficial to the public health, safety or morals or for violation of any of the provisions of this chapter or for giving false information upon any application for a license hereunder. Appeals from any suspension may be made to the Borough Council at any time within 10 days after such suspension. No part of a license fee shall be refunded to any person whose license shall have been suspended.
[Amended 1-3-2000 by Ord. No. 442]
Any person who shall violate any of the provisions of this chapter shall, upon conviction thereof before the District Justice, for every such violation, be sentenced to pay a fine not exceeding $600, plus costs of prosecution for each offense. Each day's violation of any of the provisions of this chapter shall constitute a separate violation.