[Adopted 12-11-2012 by Ord. No. 2012-07
As used in this article, the following terms shall have the
meanings indicated:
LICENSEE
Any person who has been issued a transient retail business
license.
PERSON
When used as being a transient retail dealer, a person, corporation,
partnership or any other form of organization.
TRANSIENT RETAIL BUSINESS
The engaging, on a temporary basis, in the purchase, sale,
or bartering of personal property or services from any location within
the municipality, whether such personal property or services are offered
in a special going-out of-business sale, involves the offering for
sale of personal property or services brought into the location specifically
for the purposes of sales to the public, or the purchase of personal
property for resale. A retail business shall be considered transient
when such business is not located within the municipality with the
intent to remain in business indefinitely.
[Amended 9-6-2016 by Ord.
No. 2016-06]
TRANSIENT RETAIL DEALER
Any person who shall engage in a transient retail business
as defined above, also referred to as a "vendor."
Every person, prior to beginning activity as a transient retail
dealer within the municipality, shall obtain a license as hereinafter
provided:
A. Application: Application for a transient retail dealer's license
shall be made on a form provided by the municipality. The application
shall be completed in its entirety and signed by the applicant and
shall be submitted to the Manager. Transient retail business applicants
intending to vend food shall submit their Department of Agriculture
Safe Food certification with the application.
[Amended 9-6-2016 by Ord.
No. 2016-06]
B. Application process.
(1) Upon receipt of an application the information shall be reviewed
by the Police and Code departments who shall, prior to approval of
the application, submit information to the Manager pertaining to their
findings regarding the business.
(2) Within two weeks of submission of the application, the Manager shall
approve or deny the request and inform the applicant in writing accordingly,
including assessing the applicable fee.
(3) Upon approval and collection of the applicable fee, the Manager shall
issue a license to the transient retail dealer, which shall clearly
indicate the location and the expiration date.
C. The issued license shall be displayed by the transient retail dealer
at all times while conducting activities.
The applicable fees payable to the municipality upon approval
of the application shall be provided for in the then-current Indiana
Borough fee schedule which is approved by Council. Metered parking
spaces are subject to current meter bag rental fees in addition to
other applicable fees in this article.
It shall be the responsibility of every transient retail dealer
to pay to the Indiana Borough Earned Income Tax Collector the proper
income taxes for himself or any employee on income earned as a result
of such activities.
The Manager or his/her designee is hereby authorized to revoke
or to suspend any license issued under this article under the following
circumstances:
A. If the licensee or others named in the license are convicted of a
felony or misdemeanor during the approved operating period, or if
the licensee or others named in the license are arrested (including
summary offenses) while conducting activities.
B. If the Manager or the Manager's designee determines the status
of the business as represented in the application has changed.
C. If it is determined the licensee has given false information on the
application.
D. If unsafe or harmful goods are being sold to the public or if the
business operation creates a safety concern for members of the public.
Any person convicted of a violation of this article shall, upon
conviction thereof, before a Magisterial District Justice, be fined
the sum of not more than $600, together with costs of prosecution,
and in default of payment of the same shall be sentenced to imprisonment
for not more than 30 days in the Indiana County Jail. Each day the
violation continues shall constitute a separate offense.
[Adopted 12-21-1993 by Ord. No. 1605]
[Amended 12-11-2012 by Ord. No. 2012-07]
Promptly upon receiving any application for a license to canvass
or solicit within the Borough of Indiana, the Chief of Police shall
initiate a cursory investigation of such application and applicant.
In the event that such investigation should indicate that the granting
of such license would or might be injurious to the public interests,
or to the public health, safety or morals, the Chief of Police shall
have, and is hereby given, the power and authority to refuse to issue
such license. In any instance where the Chief of Police should deem
it necessary or advisable to secure and check the fingerprints of
any such applicant, refusal of such applicant to voluntarily furnish
such fingerprints shall constitute, in and of itself, sufficient and
valid ground for refusal to issue such license. The Chief of Police
will issue to the applicant an identification card (to which one of
the applicant's photographs will be affixed) within 10 days from
the date of filing of the application, unless an extended investigation
is necessary to clarify or verify information received.
Every person to whom an identification card
has been issued shall in the conduct of his activity comply with the
following standards of conduct.
A. He shall carry his identification card at all times
and exhibit it upon request to any police officer, ordinance officer
of the Borough or to any other person whom he shall call or with whom
he shall talk.
B. He shall not permit any person to have possession
of his identification card and shall immediately report its loss to
the Borough Police Department. He shall not cause or permit his identification
card to be altered or defaced in any way.
C. He shall not enter or attempt to enter any dwelling
without the invitation or permission of the occupant and shall immediately
leave any premises upon request of the occupant.
D. He shall engage in canvassing and soliciting between the hours of
9:00 a.m. and 9:00 p.m. Monday through Saturday. Such activities shall
be unlawful on Sunday, legal holidays, or at times other than as designated
Monday through Saturday.
[Amended 12-11-2012 by Ord. No. 2012-07]
E. He shall not be guilty of any false pretense or misrepresentation
and, particularly, he shall not represent his identification to be
an endorsement of himself or his goods or services or of the goods
or services of his employer.
F. He shall not engage in any breach of the peace or in violation of
laws of the commonwealth or ordinances of the Borough of Indiana during
the course of activities.
[Added 12-11-2012 by Ord. No. 2012-07]
G. He shall immediately surrender his identification
card to the Borough of Indiana Chief of Police upon revocation thereof.
Any identification card may be revoked by the Chief of Police if the holder fails to comply with the standards of conduct contained in §
301-12 hereof, or any of them, or ascertainment by the Chief of Police that the holder has made a false statement in his application.
[Amennded 4-6-2010 by Ord. No. 2010-02; 12-11-2012 by Ord. No.
2012-07]
A. Every person engaged in canvassing and soliciting in the Borough
of Indiana and not exempt from the requirements of this article shall
pay registration and motor vehicle registration fee as provided in
the then-current Indiana Borough fee schedule.
B. Every person engaged in the canvassing or soliciting
in the Borough of Indiana who utilizes a movable cart, trailer, or
similar equipment to sell goods, wares, or merchandise within Indiana
Borough shall be charged a fee as set from time to time by resolution
of the Borough Council.
[Amended 4-6-2010 by Ord. No. 2010-02]
Any person convicted of a violation of this article shall, upon
conviction thereof before a Magisterial District Justice, be fined
the sum of not more than $600, together with costs of prosecution
and, in default of payment of the same, shall be sentenced to imprisonment
for not more than 30 days in the Indiana County Jail. Each day the
violation continues shall constitute a separate offense.