[Ord. 589, 8/7/1972, § 1; as amended by Ord. 641,
10/9/1978; by Ord. 813, 8/10/1998, § 1; and by Ord. 861,
5/12/2003]
As used in this Part:
A. The word "peddling" shall mean engaging in selling, peddling, canvassing,
soliciting or taking of orders, either by sample or otherwise, for
any goods, wares or merchandise upon any of the streets or sidewalks
or from house to house within the Town of Bloomsburg. Provided, an
application is still required, but no fee will be charged for the
following:
(1)
To farmers who have registered with the Town of Bloomsburg,
selling their own produce, while participating at the Farmer Market
at Market Street Square, Bloomsburg, Pennsylvania.
(2)
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.
(3)
To any manufacturer or producer in the sale of bread and bakery
products, meat and meat products or milk and milk products.
(4)
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.
(5)
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 the
Act of Assembly.
(6)
To the seeking or taking of orders by insurance agents or brokers
licensed under the insurance laws of the Commonwealth of Pennsylvania.
(7)
To any person who has complied with the provisions of the "Solicitation
of Charitable Funds Act," 1962, August 9, P.L. 628.
B. The word "peddler" shall mean any person who shall engage in peddling,
as herein above defined.
C. The word "person" shall mean any natural person, partnership, firm,
association or corporation.
D. The words "transient retail business" and "transient retailing" shall
mean peddling as defined above.
[Ord. 589, 8/7/1972, § 2; as amended by Ord. 813,
8/10/1998, § 2]
No person shall engage in peddling in the Town of Bloomsburg
without first having taken out a license as herein provided.
[Ord. 589, 8/7/1972, § 3; as amended by Ord. 813,
8/10/1998, § 3]
Every person desiring to engage in selling, canvassing, soliciting
or peddling in the Town of Bloomsburg shall first make application
to the Code Administration Office. Such person shall obtain a valid
license number for the Gross Receipts Tax and a review from the Bloomsburg
Police Department before a transient retail sales license may be granted.
Upon such application, such person shall give:
C. Previous criminal record, if any.
D. The name(s), address and telephone number of the person form whom
he/she works, if any.
E. The type of goods, wares and merchandise he/she wishes to peddle.
F. The length of time for which they wish to be licensed.
G. The type of vehicle they use, if any.
H. The name, address and number of helpers he/she has.
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Provided, where a person makes application for himself or herself
and one or more helpers, all applicable personal information specified
above shall be given for each helper. No license issued under this
Part shall be transferable from one person to another. Provided, that
no license shall be required of any person legally exempt by the laws
of the Commonwealth from securing such license.
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[Ord. 589, 8/7/1972, § 4; as amended by Ord. 813,
8/10/1998, § 4; and by Ord. 841, 12/19/2001]
No license(s) shall be issued under this Part until a fee in
an amount to be determined, from time to time, by resolution of Town
Council has been paid to the Code Administration Office as issuing
agent, together with a deposit of $50 guaranteeing compliance with
the provisions of this Part and proper conduct in selling, canvassing
and soliciting. Each such license shall be good for a period of 30
days from the date of issue and shall be renewable upon application
to the issuing agent. The deposit of $50 shall be returned upon the
expiration of any license or the last renewal thereof; provided, the
license shall have conformed strictly to the provisions of this Part
and shall not have acted objectionable or offensively in such selling,
canvassing or solicitation.
[Ord. 589, 8/7/1972, § 5; as amended by Ord. 813,
8/10/1998, § 5]
Upon making application thereof and paying the proper fee, as
herein specified, a license shall be issued to every salesperson,
canvasser or solicitor. Such license shall contain the information
required to be given upon the application therefore. Every such license
shall at all times when engaged in selling, canvassing or soliciting
in the Town carry such license upon his/her person and shall exhibit
such license upon request to all police officers, Town officials and
citizens. No licensee shall engage in selling any product not mentioned
upon such license. A copy of the license shall be forwarded to the
Chamber of Commerce for their records upon approval.
[Ord. 589, 8/7/1972, § 6; as amended by Ord. 813,
8/10/1998, § 6]
No licensee hereunder shall engage in selling, canvassing or
soliciting by foot or from door to door at any time on a Sunday or
upon any other day of the week before 9:00 a.m. or after sunset, prevailing
time.
[Ord. 589, 8/7/1972, § 7; as amended by Ord. 813,
8/10/1998, § 7]
No person licensed under this Part shall hawk or cry his/her
wares upon any of the streets or sidewalks of the Town, nor shall
be/she use any loud speaker or horn or any other device for announcing
his/her presence by which the public is annoyed.
[Ord. 589, 8/7/1972, § 8; as amended by Ord. 813,
8/10/1998, § 8]
No person licensed under this Part shall park any vehicle upon
any of the streets or alleys of the Town in order to sort, rearrange
or clean any of his/her goods, wares or merchandise, nor may any such
person place or deposit any refuse upon any of such streets or alleys,
nor may any such person maintain or keep a street or curbstone market
by parking any vehicle upon any street or alley in the Town for longer
than necessary in order to sell therefrom to person residing in the
immediate vicinity. This Section shall not apply to farmers as defined
is § 13-101(A)(1) above.
[Ord. 589, 8/7/1972, § 9; as amended by Ord. 813,
8/10/1998, § 9]
No person licensed under this Part shall occupy any fixed location
upon any of the streets, alleys or sidewalks of the Town for the purpose
of peddling with or without any stand or counter.
[Ord. 589, 8/7/1972, § 10; as amended by Ord. 813,
8/10/1998, § 10]
The Code Administration Office shall keep a record of all licenses
issued under this Part. Notice shall be given to the Chief of Police
by the Code Office of the issuing of each such license. The Code Administration
Office and the Chief of Police shall supervise the activities of all
holders of such licenses.
[Ord. 589, 8/7/1972, § 11; as amended by Ord. 641,
10/9/1978; by Ord. 813, 8/10/1998, § 11; and by Ord. 841,
12/19/2001]
Any person who shall violate any provision of this Part shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$300 plus costs and, in default of payment of said fine and costs
to a term of imprisonment not to exceed 30 days. Each day that a violation
of this Part continues or each Section of this Part which shall be
found to have been violated shall constitute a separate offense.