[HISTORY: Adopted by the Borough Council of the Borough of East Stroudsburg 1-4-1972 by Ord. No. 691, approved 1-4-1972. Amendments noted where applicable.]
[Amended 9-15-1992 by Ord. No. 979, approved 9-15-1992]
Every person, firm or corporation engaged in any transient retail business within the Borough for the sale of goods, wares or merchandise, whether such business shall be conducted from a fixed location in said Borough or by any person or persons engaged in the peddling, soliciting, hawking or taking of orders from house to house or soliciting funds or moneys or merchandise within the limits of the Borough of East Stroudsburg, is required to procure a license therefor and to pay a license fee as hereinafter provided.
All nonprofit organizations, institutions, clubs, churches or schools soliciting funds or moneys in the Borough or selling merchandise for the purpose of raising funds shall be required to obtain a license. There shall be no fee for such nonprofit groups, provided that they are able to submit a federal tax-exempt identification number or certificate showing them to be a recognized nonprofit organization.
A license will only allow this activity to take place in the Borough during normal daytime hours (dawn to dusk). Soliciting or peddling is prohibited after dusk or during nighttime hours.
No license fee shall be charged to farmers selling their own produce; 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; or to any manufacturer or producer in the sale of bread and bakery products, meat and meat products or milk or milk products; but any person, partnership, firm or corporation in any or all of these excepted categories must register with the Borough and be subject to all of the provisions of this chapter except those pertaining to the payment of license fees, provided that the terms "milk" or "milk products" shall not include or apply to ice cream or other frozen desserts and provided further that any transient retail business dealing in one or more of the excepted categories and selling other goods, wares and merchandise not excepted shall be subject to the license fee fixed by this chapter for its activities in connection with the sale of goods, wares and merchandise not in any of the excepted categories.
Every person desiring to solicit, hawk or peddle shall first make written application to the Borough Manager for a license. Said written application shall set forth, when applicable, his, its or her name, age, weight, height, color of hair and eyes, race, sex, place of residence, type of article or articles to be sold and the period of time desired to solicit, hawk and peddle and shall disclose his, its or her principal if there is any, and such applicant shall present two photographs (1 1/4 inches by 1 1/4 inches) of himself or herself.
The Borough Manager shall thereupon after payment of a fee, when required as hereinafter provided, issue, in duplicate, a license certificate valid for one year, one copy to be given to the applicant and one copy to be filed in the office of the Borough Manager, upon each copy of which license certificate shall be inscribed, when applicable and practical, the age, weight, height, color of hair and eyes, race, sex. name or name of the organization and whether charitable or not, place of residence, type of article or articles to be sold and the name of the principal if there is any. There shall be secured and affixed to each copy of said license certificate one of the photographs hereinbefore directed to be presented.
Every licensee hereunder soliciting, hawking or peddling within the limits of the Borough of East Stroudsburg shall, upon demand, produce for inspection the license hereinabove directed to be issued.
The fee to be charged upon the issuance of any license hereunder shall be $50 per year per person, and for each additional person involved in the same application, the fee to be charged shall be $25 for each additional person used in said soliciting, hawking and peddling.
Any licensee hereunder, who shall be guilty of any fraud, cheating or misrepresentation, whether through himself or through an employee, while acting as a solicitor, hawker or peddler in the Borough of East Stroudsburg or who shall barter, sell or peddle any goods, merchandise or wares other than those specified in his application for a license shall be deemed guilty of a violation of this chapter.
[Amended 1-19-1988 by Ord. No. 878, approved 1-19-1988; 10-3-1989 by Ord. No, 921, approved 103-89]
Any person who shall violate or fail to comply with any of the provisions of this chapter shall be guilty of a summary offense and, upon conviction thereof, shall be punishable by a fine of not more than $600 or by imprisonment for not more than 30 days, or both.