[HISTORY: Adopted by the Borough Council
of the Borough of Derry as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 358.
[Adopted 2-11-1975 by Ord. No. 478 (Ch.
XIV, Part 3, of the 1975 Code of Ordinances)]
A.
LEGAL HOLIDAY
PERSON
TRANSIENT RETAIL BUSINESS
(1)
(2)
As used in this article, the following terms shall
have the meanings indicated:
New Year's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day and Christmas.
Any natural person, partnership, firm or corporation.
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 of Derry; 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 specific
yearly holidays.
B.
In this article, the singular shall include the plural,
the plural shall include the singular, and the masculine shall include
the feminine and the neuter.
[Amended 11-13-1995 by Ord. No. 625]
A.
No person, individual or corporation, shall engage
in any transient retail business within the Borough of Derry without
first having obtained a license from the Chief of Police. A fee, in
an amount to be set from time to time by the Borough Council, for
the use of the Borough of Derry, shall be charged for the issuance
of said license.
B.
No license fee shall be charged under this section:
(1)
To farmers selling their own produce.
(2)
For the sale of goods, wares and merchandise donated
by 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 or milk products.
(4)
To persons working without compensation and selling
goods, wares or merchandise for the sole benefit of any nonprofit
corporation.
C.
If more than one person shall engage in any transient
retail business within the Borough of Derry, then each person shall
obtain a separate license and pay the applicable fee.
D.
If any person, individual or corporation, is dealing
in one or more of the exempt categories, along with categories which
are not exempt, such person shall be subject to the payment of the
license fee herein fixed.
Every person desiring a license under this article
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:
A.
His name and address;
B.
His criminal record, if any;
C.
The name and address of the person by whom he is employed;
D.
The type of goods, wares and merchandise he wishes
to deal with in such transient retail business;
E.
The length of time which such license is to be issued;
and
F.
The type and license number of the vehicle used, if
any.
Upon receipt of such application and the prescribed
fee, the Chief of Police, if he shall find such application in order,
shall issue the license required under this article. Such license
shall contain the information required to be given on the application
therefor. 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 his 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 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 of any stock or wares or foodstuffs which have
become unsalable through handling, age or otherwise;
E.
Engage in any business activity prohibited in the
Borough of Derry by general or special law applicable thereto.
The Chief of Police shall supervise the activities
of all persons holding licenses under this article, and he shall keep
a record of all licenses issued hereunder, and shall make a report
thereof each month to the Borough Council.
The Chief of Police is hereby authorized to
suspend or revoke any license issued under this article when he deems
such suspension or revocation to be beneficial to the public health,
safety or morals, or for violation of any of the provisions of this
article, or for giving false information upon any application for
a license hereunder. 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 who shall violate any of the provisions
of this article shall, for every such violation, upon conviction thereof,
be sentenced to pay a fine of not more than $1,000 and costs of prosecution,
and in default of payment of such fine and costs, to imprisonment
for not more than 30 days; provided, each day's violation of any of
the provisions of this article shall constitute a separate offense.
