[HISTORY: Adopted by the Council of the Borough
of Punxsutawney 7-14-2008 by Ord. No. 1083.[1] Amendments noted where applicable]
GENERAL REFERENCES
Garage sales — See Ch. 137.
Handbills and advertising — See Ch. 143.
Licenses and business regulations — See Ch. 157.
Noise — See Ch. 165.
[1]
Editor's Note: This ordinance also superseded
former Ch. 221, Transient Retail Businesses, adopted 8-31-1987 by
Ord. No. 1083.
A.
LEGAL HOLIDAY
PERSON
TRANSIENT RETAIL BUSINESS
(1)
(2)
As used in this chapter, the following terms shall
have the meanings indicated:
Includes New Year's Day, Memorial Day, Independence Day,
Labor Day, Thanksgiving Day and Christmas.
Any natural person, partnership, association, firm or corporation.
Engaging in peddling, canvassing, soliciting
or taking orders, either by sample or otherwise, for any goods, wares
or merchandise or soliciting contributions upon any street, alley,
sidewalk or public ground or from house to house within the Borough
of Punxsutawney.
Selling, soliciting, canvassing or taking orders
for any goods, wares or merchandise or soliciting contributions 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 special purposes or
for or in advance of specific 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 Punxsutawney without first having obtained from
the Chief of Police a license, for which a fee, as established from
time to time by resolution of the Borough Council, shall be charged,
which fee shall be for the use of the Borough.
B.
Exceptions.
(1)
No license fee shall be charged under this section:
(a)
To farmers selling their own produce.
(b)
For 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.
(c)
To any manufacturer or producer in the sale
of bread and bakery products, meat and meat products or milk and milk
products.
(2)
All persons exempted hereby from payment of the license
fee shall be required to register with the Chief of Police and to
obtain a license without fee.
(3)
Any person dealing in one or more of the hereinabove-mentioned
exempted categories and selling 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.
(4)
The Borough Council may consider requests to exempt
a person from the license fee, but not from registering with the Chief
of Police, for those persons working without compensation and selling
goods, wares or merchandise for the sole benefit of any nonprofit
corporation registered with any state, or any such other person as
deemed appropriate by the Council.
C.
Every license issued under the provisions of this
chapter shall be issued to a person engaging in such business; every
such person shall obtain a separate license, issued to the person
in its name; and the license fee hereby imposed shall be applicable
to every such person's license.
Every person desiring a license under this chapter
shall appear in person at the office of the Chief of Police at the
municipal building and shall:
A.
Complete and file an application, in writing, signed
and verified by the applicant, under penalty of perjury, which application
shall set forth:
(1)
The name, address, occupation and a general description
of distinguishing physical appearance of the applicant.
(2)
A detailed description of the kind and character of
business to be licensed, including a detailed statement of the merchandise
to be sold or for which orders are to be solicited.
(3)
The name and address of the person, firm or corporation
for whom the applicant is selling or soliciting and/or who is or will
supply the merchandise sold.
B.
Submit such additional identification, reference or
information as the Chief of Police may reasonably require.
C.
Pay to the order of the Borough the fee required by
this chapter.
A.
Upon receipt of such application and the prescribed
fee, the Chief of Police, if he shall find such application in order,
and if he shall find that the issuance of the license will be in the
best interests of the residents of the Borough of Punxsutawney, shall
issue the license required under this chapter. Such license shall
contain the information given on the application therefor.
B.
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.
C.
If aggrieved by the Chief of Police's refusal to issue
such license, the applicant may appeal, in writing, to the Borough
Council within 10 days after such refusal or 30 days after filing
his application, whichever is sooner, and the Council shall thereupon
afford him an opportunity for hearing, after which hearing the Council
may sustain the Chief's refusal or direct the Chief of Police to issue
a license.
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.
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 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 any stock or wares or foodstuffs which have become
unsalable through handling, age or otherwise; or sell from a stand
placed upon any street, alley or sidewalk.
E.
Engage in any business activity prohibited in the
Borough of Punxsutawney by law applicable thereto.
F.
Engage in any house-to-house activity, except by prior
appointment, at any time on a Sunday or legal holiday or at any time
except from 8:00 a.m. to 8:00 p.m. any day of the week other than
a Sunday or legal holiday.
G.
Engage in any such business at any time before 8:00
a.m. or after 11:00 p.m. on any day.
H.
Make any false statements or misrepresentations in
the course of carrying on his business as peddler.
I.
Have made any false statements or misrepresentations
in the application for license.
J.
Have been convicted of any felony.
K.
Conduct business in an unlawful manner or in such
a manner as to constitute a menace to the health, safety or general
welfare of the public.
A.
No person who operates a transient retail business
shall erect, construct or place any sign advertising said business
along any sidewalk, street, alley, highway, driveway or yard without
first obtaining written permission of the property owner.
B.
No sign referenced in Subsection A shall be placed within 12 inches of any curb or edge of any street, alley or highway.
C.
No sign referenced in Subsection B shall be located in such a manner as to impede or prevent the use of any sidewalk, street, alley or highway or block, wholly or in part, or placed in the line of sight of any operator of a motor vehicle.
D.
No person who operates a transient retail business
shall be allowed to erect, construct or place more than five signs
advertising said business. Signs shall be removed at the end of each
business day. A fee for the erection, construction or placement of
each sign shall be established by resolution of the Borough Council
from time to time.
A.
The Chief of Police is hereby authorized to suspend
or revoke any license issued under this chapter when he deems such
suspension or revocation to be beneficial to the health, safety or
general welfare of the public; or for violations of any of the provisions
of this chapter; or for any fraud, misrepresentation or false statements
made in the course of carrying on the transient retail business; or
for conviction of any crime or misdemeanor involving moral turpitude;
or for conducting the transient retail business in an unlawful manner.
B.
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 violating any provision of this chapter,
upon conviction before the District Magisterial Judge, shall be guilty
of a summary offense and shall be subject to pay a fine of not less
than $25 nor to exceed the maximum fine of $300, plus costs of prosecution,
or to undergo imprisonment for a term not exceeding 90 days, or both.
Each day that such violation continues shall constitute a separate
offense, after notice is given of a first offense having occurred.
All ordinances or parts of ordinances which
are inconsistent herewith are hereby repealed.
If any sentence, clause, section, or part of
this chapter is for any reason found to be unconstitutional, illegal
or invalid, such finding shall not affect or impair the remaining
provisions of this chapter. It is hereby declared to be the intent
of the Punxsutawney Borough Council that this chapter would have been
adopted had such unconstitutional, illegal or invalid sentence, clause,
section or part thereof had not been included herein.
This chapter shall go into effect upon approval
and shall remain in effect until repealed or amended.
