[Ord. 724, 5/4/1982]
As used in this Part:
LEGAL HOLIDAY
New Year's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, and Christmas.
PERSON
Any natural person, partnership, association, corporation,
or other legal entity.
TRANSIENT RETAIL BUSINESS
A.
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 Bridgeville.
B.
Selling, soliciting, or taking orders for any goods, wares,
or merchandise, from a fixed location within the Borough of Bridgeville,
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.
The singular shall include the plural, the plural shall include
the singular, and the masculine shall include the feminine and the
neuter.
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[Ord. 724, 5/4/1982; as amended by Ord. 830, 2/13/1995]
No person shall engage in any transient retail business within
the Borough of Bridgeville without first having obtained from the
Secretary or Mayor a license, for which a fee, established from time
to time by resolution by Borough Council which shall be for the use
of the Borough, shall be charged. Provided no license fee shall be
charged under this Section:
A. To farmers selling their own produce.
B. 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.
C. To any manufacturer or producer in the sale of bread and bakery products,
meat and meat products, or milk and milk products.
D. 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 or Girl Scouts or similar organizations.
E. To any honorably discharged member of any of the armed services who
complies with the Act of 1867, April 8, P.L. 50, as amended, and who
procures from the Prothonotary a certificate in pursuance of this
Act of Assembly.
F. To the seeking or taking of orders by insurance agents or brokers
licensed under the insurance laws of the Commonwealth of Pennsylvania.
G. To any person who has complied with the provisions of the "Charitable
Organization Reform Act," 10 P.S. § 160.1 et seq.
H. 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.
But all persons exempted hereby from the payment of the license
fee shall be required to register with the Secretary or Mayor and
obtain a license without fee. Provided, further, 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 activities in connection with the sale of goods, wares, and merchandise
not in such exempted categories; provided, further, every license
issued under the provisions of this Part shall be issued on an individual
basis to any person or persons engaging in such business; every individual
shall obtain a separate license, issued to him in his name, except
that a representative of a charitable organization may obtain the
licenses for the applicants thereof.
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[Ord. 724, 5/4/1982]
Every person desiring a license under this Part shall first
make application to the Secretary or Mayor 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
state:
A. His criminal record, if any.
B. The name and address of the person by whom he is employed.
C. The type of goods, wares, and merchandise he wishes to deal within
such transient retail business.
D. The length of time for which license is to be issued.
E. The type and license number of the vehicle to be used, if any.
[Ord. 724, 5/4/1982]
Upon receipt of such application and the prescribed fee, the
Secretary or Mayor, if he shall find such application in order, shall
issue the license required under this Part. 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 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, municipal officials, and citizens
or residents of the Borough of Bridgeville.
[Ord. 724, 5/4/1982]
No person in any transient retail business shall:
A. Sell any product or type of product not mentioned in his license.
B. Hawk or cry his wares upon any of the streets, alleys, sidewalks,
or public grounds in the Borough of Bridgeville.
C. When operating from a vehicle, stop or park such vehicle upon any
of the streets or alleys in the Borough of Bridgeville for longer
than necessary in order to sell therefrom to persons residing or working
in the immediate vicinity.
D. Park any vehicle upon any of the streets or alleys in the Borough
of Bridgeville 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, except by prior appointment, at
any time on Sunday, or on any legal holiday, or at any time before
10:00 a.m. or after dusk on any day of the week other than a Sunday
or a legal holiday.
[Amended by Ord. No. 1021, 6/14/2021]
[Ord. 724, 5/4/1982]
The Secretary or Mayor shall supervise the activities of all
persons holding licenses under this Part. He shall keep a record of
all licenses issued hereunder, and shall make a report thereof each
month to the Council.
[Ord. 724, 5/4/1982]
The Secretary or Mayor is hereby authorized to suspend or revoke
any license issued under this Part when he deems such suspension or
revocation to be beneficial to the public health, safety, or morals,
for violation of any provision of this Part, or for giving false information
upon any application for a license hereunder. Appeals from any suspension
or revocation may be made to the 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.
[Ord. 724, 5/4/1982; as amended by Ord. 830, 2/13/1995]
Any person who shall violate any provision of this Part shall,
upon conviction thereof, be sentenced to pay a fine not exceeding
$600 plus costs and, in default of payment thereof, shall be subject
to imprisonment for a term not to exceed 30 days. Each day that a
violation of this Part continues shall constitute a separate offense.