Borough of Girard, PA Chapter 388 Transient Retail Businesses

[HISTORY: Adopted by the Borough Council of the Borough of Girard 7-15-1974 by Ord. No. 462 (Ch. XV, Part 3, of the 1974 Code of Ordinances). Amendments noted where applicable.]

§ 388-1 Definitions; word usage.

A. As used in this chapter, the following terms shall have the meanings indicated:

LEGAL HOLIDAY

Includes New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas.

PERSON

Any natural person, partnership, association, firm or corporation.

TRANSIENT RETAIL BUSINESS

Includes the following:

(1) 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 Girard; and

(2) Selling, soliciting or taking orders for any goods, wares or merchandise from a fixed location within the Borough 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.

B. In this chapter, the singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and the neuter.

§ 388-2 License required; fees. [1]

No person shall engage in any transient retail business within the Borough of Girard without first having obtained from the Borough Secretary a license, for which a fee as set from time to time by resolution of the Borough Council, which shall be for the use of the Borough, shall be charged, provided that no license fee shall be charged under this section to farmers selling their own produce; 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; or to any manufacturer or producer in the sale of bread and bakery products, meat and meat products or milk or milk products, but all persons exempted hereby from the payment of the license fee shall be required to register with the Borough Secretary and obtain a license without fee; provided further that 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 Secretary 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 any nonprofit corporation; and provided further that every license issued under the provisions of this chapter shall be issued on an individual basis to 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.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 388-3 Application for license.

Every person desiring a license under this chapter shall first make application to the Secretary 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 give his name and address; his criminal record, if any; the name and address of the person by whom he is employed; the type of goods, wares and merchandise he wishes to deal with in such transient retail business; the length of time for which such license is to be issued; and the type and license number of the vehicle to be used, if any.

§ 388-4 Issuance of license; display.

Upon receipt of such application and the prescribed fee, the Secretary, 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 a 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, Borough officials, and citizens or residents of the Borough.

§ 388-5 Prohibited acts.

No person engaged in any transient retail business shall:

A. Sell any product or type of product not mentioned in his license;

B. Hawk his wares upon any of the streets, alleys, sidewalks or public grounds in the Borough;

C. When operating from a vehicle, stop or park such vehicle upon any of the streets or alleys in the Borough for longer than necessary in order to sell therefrom to persons residing in the immediate vicinity;

D. Park any vehicle upon any of the streets or alleys in the Borough 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 prohibited in the Borough of Girard by general or special law applicable thereto;

F. Engage in any house-to-house activity, except by prior appointment, at any time on a Sunday or legal holiday or at any time except between 9:00 a.m. and 5:00 p.m. any day of the week, other than a Sunday or legal holiday.

§ 388-6 Supervision; records and reports.

The Secretary 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 to the Borough Council upon request.

§ 388-7 Suspension and revocation of license; appeals.

The Mayor is hereby authorized to suspend or revoke any license issued under this chapter when he deems such suspension to be beneficial to the public health, safety or morals, or for violation of any of the provisions of this chapter, or for giving false information upon any application for a license hereunder. Appeals from any suspension or revocation may be made to the Borough 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.

§ 388-8 Violations and penalties. [1]

Any person who violates or permits a violation of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough before a Magisterial District Judge, pay a fine of not more than $600, plus all court costs, including reasonable attorneys' fees, incurred by the Borough in the enforcement of this chapter. No judgment shall be imposed until the date of the determination of the violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Borough are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).