[HISTORY: Adopted by the Borough Council of the Borough of Quarryville as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-6-1999 by Ord. No. 324]
This article shall be known as and may be cited as "The Quarryville Borough Transient Retail Business Ordinance."
As used in this article, the following terms shall have the meanings indicated:
- As used in this article, shall mean any natural person, association, partnership, firm, corporation engaged in transient retail business within the Borough of Quarryville.
- Includes homegrown farm products (including herbs and flowers) and home-produced products therefrom, such as jellies, jams, pickles and the like.
- TRANSIENT RETAIL BUSINESS
- As used in this article, shall mean and include the following: engaging in peddling, canvassing, soliciting or taking orders, either by sample or otherwise, for any goods, wares, produce or merchandise, not otherwise restricted, upon any of the streets or alleys, sidewalks or public grounds, or from house to house within the Borough of Quarryville; or selling, soliciting or taking orders for any goods, wares, produce or merchandise, from a fixed location within the Borough, upon a temporary basis, for a period of 90 consecutive days or less in any calendar year, which shall include, but shall not be limited to, such activities conducted at the time of special occasions or for or in advance of fairs, carnivals, festivals or other celebrations on yearly holidays. This article is not intended to apply to persons who may conduct a private party demonstration or solicit product orders at a private home showing.
In this article, the masculine shall include the feminine and the neuter, the singular shall include the plural, and the plural shall include the singular.
License. No person shall engage in any transient retail business for any permitted period of time, within the Borough of Quarryville without first having applied for, paid the fee of $30 in cash or certified check, and obtain a license. The required fee shall be for the use of the Borough in the administration of this article:
Exemption to licensing fee. No license fee shall be charged under this section to the following persons:
To farmers selling their own produce;
To those engaged in the sale of goods, wares, produce and merchandise, donated by the owners thereof, the proceeds thereof to be applied to any charitable or philanthropic purpose;
To any manufacturer or producer in the sale of bread and bakery products, meat and meat products or milk and milk products (not including ice cream or other frozen desserts);
To those persons working without compensation and selling goods, wares, produce or merchandise for the sole benefit of any nonprofit corporation;
Personal yard sales and incidental sales;
Craft events, sponsored by a community-based nonprofit organization;
To a retail business located within the Borough of Quarryville which conducts sidewalk sales at or upon the sidewalk constituting part of the business premises. Such sales shall be limited not to exceed four times per calendar year of three days each. All other sidewalk sales shall be conducted so as not to violate the provisions of § 278-6D hereof;
All persons exempted hereby from payment of the license fee shall be required to register with the Chief of Police and shall be subject to all other provisions of this article;
Any person dealing in one or more of the hereinabove mentioned exempted categories, and selling other goods, wares, produce 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, produce and merchandise not in such exempted categories;
Every license issued under the provisions of this article shall be issued on an individual or entity basis to persons engaging in transient retail business; every such person engaging in a separate transient retail business shall obtain a separate license, issued in licensee's name with separate license fee imposed therefor.
Every person desiring a license under this article shall first make application to the Chief of Police or other official as may be so designated by Council 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.
Upon receipt of the properly completed application and the prescribed fee, the Chief of Police or other official as so designated by Council shall issue the license for transient retail business.
Every license holder shall carry the 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 the license at the location where he shall engage in business, if doing so at a fixed location. The licensee shall exhibit the license, upon request, to all police officers, Borough officials, and citizens or residents of the Borough.
The Police Committee of Quarryville Borough Council shall have the authority to implement reasonable rules and regulations for the enforcement and administration of this article. At a minimum, no person engaged in any transient retail business shall:
Sell any product or type product not mentioned in his license;
Transfer his license to any other person;
Engage in a transient retail business or attempt to do so under a license issued to another person;
When selling from a vehicle, stop or park such vehicle upon any of the streets or alleys in the Borough for such a time period or in such a manner as to impede the flow of traffic or otherwise prevent or hinder the proper use of streets and sidewalks by automobiles and pedestrians;
Violate any of the ordinances of the Borough in the conduct of the transient retail business.
The Chief of Police may suspend or refuse to issue a license under this article when he deems such action to be beneficial to the public health, safety or morals, or for violation of any of the provisions of this article, any of the ordinances of the Borough, or for giving false information upon any application for a license hereunder.
In the event that any such license shall be suspended, the person to whom such license had been issued shall immediately surrender such license to the Borough Police Department and cease to engage in such transient retail business with the Borough.
Any person failing or refusing to surrender such license and any person continuing to engage in transient retail business after the suspension of such license shall be guilty of violation of this article.
Any person aggrieved by the action of the Chief of Police in refusing or suspending a license under this article may appeal in writing to the Police Committee of the Borough Council for a hearing with respect to such refusal or suspension. Thereupon, the Police Committee shall hold such hearing and take action with respect thereto, as it shall deem appropriate.
Licenses issued under this article may be revoked by the Borough Manager, after notice and hearing, for any of the following reasons:
Fraud, misrepresentation or false statement contained in the application for such license;
Fraud, misrepresentation or false statement made in the conduct of such transient retail business;
Any violation of this article;
Conviction of any crime or misdemeanor involving moral turpitude;
Conducting the transient retail business in an unlawful manner or in such manner as to constitute a breach of the peace or a menace to the health, safety, morals or general welfare of the community; or
Violation of any other Borough ordinance in the conduct of transient retail business.
Notice of a hearing for revocation of a license shall be given to the license holder in writing, setting forth specifically the grounds for revocation and the time and place of the hearing. Such notice shall be sent by certified mail, return receipt requested, to the license holder at his last known address at least five days prior to the date set for the hearing.
Any person who violates any provision of this article shall, for every violation, upon conviction thereof, be sentenced to pay a fine of $100 and costs of prosecution, and, in default of payment of such fine and costs, to imprisonment for not more than 30 days. Each day's violation of any of the provisions of this article shall constitute a separate violation.
The provisions of this article shall be severable, and if any section, part of section or provision thereof shall be held to be unconstitutional, illegal or otherwise invalid, such decision shall not affect the validity of any of the remaining sections, parts of sections or provisions of this article. It is hereby declared as a legislative intent that this article would have been adopted had such unconstitutional illegal or otherwise invalid provisions not been a part thereof.