[HISTORY: Adopted by the City Council of the City of Nanticoke 12-1-2004 by Ord. No.
16-2004 (Ch. 13, Part 6, of the 2004 Code of Ordinances).
Amendments noted where applicable.]
GENERAL REFERENCES
Mercantile license and business privilege taxes — See Ch. 463, Arts. III and IV.
A.
LEGAL HOLIDAY
PERSON
TRANSIENT RETAIL BUSINESS
(1)
(2)
As used in this chapter, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
New Year's Day, Memorial Day, Independence Day, Labor
Day, Thanksgiving Day and Christmas.
Any natural person, partnership, association, corporation
or other legal entity.
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 City.
Selling, soliciting or taking orders for any goods, wares or
merchandise from a fixed location within the City on a temporary basis,
which shall include, but not be limited to, such activities conducted
at the time of special occasions or celebrations, for seasonal purposes
or for yearly holidays.
B.
The singular shall include the plural, the plural shall include the
singular, and the masculine shall include the feminine and the neuter.
[Amended 7-21-2010 by Ord. No. 16-2010]
No person shall engage in any transient retail business within
the City without first having obtained from the Nanticoke City Code
Enforcement Officer a license, for which a fee, which shall be for
the use of the City, shall be charged, said fee to be in such amount
established from time to time by resolution of the City Council.
A.
No license fee shall be charged:
(1)
To farmers selling their own produce.
(2)
For the sale of goods, wares and merchandise donated by the owners
thereof, the proceeds whereof are to 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 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 the seeking or taking of orders by insurance agents or brokers
licensed under the insurance laws of the Commonwealth of Pennsylvania.
(6)
To a person who has complied with the provisions of the Solicitation
of Funds for Charitable Purposes Act, 10 P.S. § 162.1 et
seq., as hereafter amended, supplemented, modified or reenacted by
the General Assembly of Pennsylvania.
(7)
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.
B.
But all persons exempted from the payment of the license fee shall
be required to register with the Nanticoke City Code Enforcement Officer
and obtain a license without fee, provided 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, that the Nanticoke City
Code Enforcement Officer may similarly exempt from payment of the
license fee, but not from registering with him, persons working without
compensation and selling goods, wares or merchandise for the sole
benefit of a nonprofit corporation; provided, further, that every
license issued under the provisions of this chapter 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, and the license fee hereby imposed shall be applicable to
every such individual license, except that a representative of a charitable
organization may obtain licenses for the applicants.
[Amended 7-21-2010 by Ord. No. 16-2010]
[Amended 7-21-2010 by Ord. No. 16-2010]
Every person desiring a license under this chapter shall first
make application to the Nanticoke City Code Enforcement Officer for
such license. He shall, when making such application, exhibit a valid
license from any state or county officer, if such license is also
required. The applicant shall state:
A.
His criminal record, if any.
B.
Name and address of the person by whom he is employed.
C.
Type of goods, wares and merchandise he wishes to deal with in such
transient retail business.
D.
Length of time for which the license is to be issued.
E.
Type and license number of the vehicle to be used, if any.
[Amended 7-21-2010 by Ord. No. 16-2010]
Upon receipt of such application and the prescribed fee, the
Nanticoke City Code Enforcement Officer, if he shall find such application
in order, shall issue the license required under this chapter. 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, City officials
and citizens or residents of the City of Nanticoke.
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 City.
C.
When operating from a vehicle, stop or park such vehicle upon any
of the streets or alleys in the City for longer than necessary in
order to sell therefrom to persons residing or working in the immediate
vicinity.
D.
Park a vehicle upon any of the streets or alleys in the City for
the purpose of sorting, rearranging or cleaning any of his goods,
wares or merchandise or of disposing of any carton, wrapping material
or stock, 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 a Sunday or legal holiday or at any time before 9:00 a.m.
or after 6:00 p.m. on any day of the week other than a Sunday or legal
holiday.
[Amended 7-21-2010 by Ord. No. 16-2010]
[Amended 7-21-2010 by Ord. No. 16-2010]
The Nanticoke City Code Enforcement Officer shall supervise
the activities of all persons holding licenses under this chapter.
He shall keep a record of all licenses issued hereunder and shall
make a report thereof each month to the City Council.
[Amended 7-21-2010 by Ord. No. 16-2010]
The Nanticoke City Code Enforcement Officer is hereby authorized
to deny, suspend or revoke any license issued under this chapter when
he deems such denial, suspension or revocation to be beneficial to
the public health, safety or morals or for violation of any provision
of this chapter or for giving false information upon any application
for a license hereunder. Appeals from any suspension, revocation or
denial of a license may be made to the City Council at any time within
10 days after such suspension, revocation or denial, and a hearing
shall be held within 30 days of the petition for appeal. No part of
a license fee shall be refunded to any person whose license shall
have been suspended or revoked.
Any person, firm or corporation who shall violate any provision
of this chapter, upon conviction thereof, shall be sentenced to pay
a fine of not more than $1,000 plus costs or to a term of imprisonment
not to exceed 90 days, or both. Each day that a violation of this
chapter continues shall constitute a separate offense.
