[HISTORY: Adopted by the Borough Council
of the Borough of Yeadon as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-7-1995 by Ord. No. 1245 as
Ch. 850 of the 1995 Code]
As used in this chapter, unless the context
clearly indicates a different meaning, the following terms shall have
the meanings indicated:
New Year's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day and Christmas Day.
Any natural person, partnership, association, corporation
or other legal entity.
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 or 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 not be limited to,
such activities conducted at the time of special occasions or celebrations,
for seasonal purposes, or for yearly holidays.
No person shall engage in any transient retail
business within the Borough without first having obtained a license
therefor from the Code Enforcement Officer for a fee of $50 per month
or any fraction thereof for which the license is valid. No license
may be issued for a period of less than six months. Said fee may be
changed from time to time by resolution of the Borough Council.
A.
No license fee shall be charged:
(1)
To farmers selling their own produce.
(2)
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.
(3)
To any manufacturer or producer in the sale of bread
and bakery products, meat and meat products or milk and milk products.
(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, Girl Scouts or similar
organizations.
(5)
To any honorably discharged member of any of the Armed
Services who complies with the Act of 1867, April 8, P.L. 50, 60 P.S.
§ 61,[1] as hereafter amended, supplemented, modified or reenacted
by the General Assembly of Pennsylvania, and who procures from the
Prothonotary a certificate pursuant to the Act of 1867.
[1]
Editor's Note: Former 60 P.S. § 61
was repealed 11-24-1992 by P.L. 717, No. 108.
(6)
To the seeking or taking of orders by insurance agents
or brokers licensed under the insurance laws of the commonwealth.
(7)
To a person who has complied with the provisions of the Charitable Organizations Reform Act, 10 P.S. § 160-1 et seq.,[2] as hereafter amended, supplemented, modified or reenacted
by the General Assembly of Pennsylvania.
[2]
Editor's Note: Said Act was repealed 4-30-1986
by P.L. 107, No. 36. See now 10 P.S. § 162.1 et seq.
(8)
For taking orders for merchandise, by sample, from
dealers or merchants for individuals or companies who pay a license
or business privilege tax at their chief place of business.
(9)
For the sale of goods by residents at a yard or garage
sale or the like, if such goods are owned by the residents and the
sale occurs on that resident's property.
B.
All persons hereby exempted from the payment of the
license fee shall be required to register with the Code Enforcement
Officer 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 or her activities in connection with the sale of goods, wares
and merchandise not in such exempted categories, and provided, further,
that Borough Council may similarly exempt from payment of the license
fee, but not from registering with him or her, persons working without
compensation and selling goods, wares or merchandise for the sole
benefit of a nonprofit corporation, and provided, further, that every
license issued under the provisions of this chapter shall be issued
on an individual basis to any person or persons engaging in such business;
that every individual shall obtain a separate license, issued to him
or her in his or her name; and that 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.
Every person desiring a license under this chapter
shall first make application to the Code Enforcement Officer for such
license. He or she shall, when making such application, exhibit a
valid license from any state or county officer, if such license is
also required. The applicant shall state:
A.
His or her criminal record, if any.
B.
The name and address of the person by whom he or she
is employed.
C.
The types of goods, wares and merchandise he or she
wishes to deal with in such transient retail business.
D.
The length of time for which the license is to be
issued.
E.
The type and license number of the vehicle to be used,
if any.
Upon receipt of the application and the prescribed
fee, the Code Enforcement Officer, if he or she shall find such application
in order, shall issue the license required under this chapter. Such
license shall contain the information required to be given on the
application therefor. Every license holder shall carry such license
upon his or her 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 or
she shall engage in such business if doing so at a fixed location.
He or she shall exhibit such license, upon request, to all police
officers, municipal officials and citizens or residents of the Borough.
No person in any transient retail business shall:
A.
Sell any product or type of product not mentioned
in his or her license.
B.
Hawk or cry his or her wares upon any of the streets,
alleys, sidewalks or public grounds in the Borough.
C.
When operating 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 or working in the immediate
vicinity.
D.
Park a vehicle upon any of the streets or alleys in
the Borough for the purpose of sorting, rearranging or cleaning any
of his or her goods, wares or merchandise or of disposing of any carton,
wrapping material, stock, wares or foodstuffs which have become unsalable
through handling, age or otherwise.
E.
Engage in any business activity, except by prior appointment, at any time before 12:00 noon and after 9:00 p.m. on Saturday, Sunday or any legal holiday or at any time before 8:00 a.m. or after 9:00 p.m. on any day of the week other than Saturday, Sunday or any legal holiday, except that this subsection shall not apply to yard sales as described in § 213-3A(9).
The Code Enforcement Officer shall supervise
the activities of all persons holding licenses under this chapter.
He or she shall keep a record of all licenses issued hereunder.
The Code Enforcement Officer is hereby authorized
to deny, suspend or revoke any license issued under this chapter when
he or she deems such denial, suspension or revocation to be beneficial
to the public health, safety or morals, or for violation of any provision
of this chapter, or for giving false information upon any application
for a license hereunder. Appeals from any suspension, revocation or
denial of a license may be made to the Borough Council at any time
within 10 days after such suspension, revocation or denial and a hearing
shall be held within 30 days of the petition for appeal. No part of
a license fee shall be refunded to any person whose license shall
have been suspended or revoked.
Whoever violates any of the provisions of this
chapter shall be fined not less than $100 nor more than $1,000 or
imprisoned not more than 10 days in the Borough lockup or not more
than 30 days in the county jail or workhouse, or both such fine and
imprisonment. A separate offense shall be deemed committed each day
during or on which a violation occurs or continues.
