[Adopted 7-14-1997 by Ord. No. 4-1997]
As used in this article, the following terms shall have the
meanings indicated:
TRANSIENT RETAIL BUSINESS
A.
Any natural person, partnership, association, corporation, or
other legal entity engaging in pedaling, 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; or
B.
Any natural person, partnership, association, corporation, or
other legal entity 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 not be limited to, such
activities conducted at the time of special occasions or celebrations,
for seasonal purposes, or for in advances specific yearly holidays.
C.
Transient retail business shall not include:
[Added 3-5-2001 by Ord. No. 1-2001]
(1)
Individuals selling their private property at their place of
residence in what has become commonly known as a garage or yard sale;
or
(2)
Individuals authorized and permitted by the Waterford Heritage
Committee to sell items during Waterford Heritage Days.
No person shall engage in any transient retail business within
the Borough without first having obtained a transient retail business
license from the Borough Secretary or other person or persons appointed
and authorized by Borough Council ("Borough designee").
Every person desiring a license under this article shall first
make application from the Borough designee for such license. The applicant
shall remit to the Borough designee a nonrefundable application fee
in an amount set by resolution of the Borough Council and provide
the following information:
D. A list and description of the goods, wares, and merchandise the applicant
wishes to sell.
E. The length of time for which the license is requested.
F. The model, make and license number of any vehicle to be used in transient
business.
G. The names and addresses of any other individuals with ownership interest
or employment or in any way working with or for the transient business.
[Amended 3-5-2001 by Ord. No. 1-2001; 7-12-2010 by Ord. No. 5-2010]
A. Upon receipt of such a license application and the prescribed fee,
the Borough designee shall review the application. If the application
is complete and without objection, the Borough designee shall issue
the license required under this article. Such license shall contain
the information required on the application. Every license holder
shall maintain possession of the license and clearly display the license
when operating from a fixed location. The applicant shall, upon request,
produce the license upon the request of any Borough official, municipal
official, citizen or resident of the Borough.
(1) Exception:
any authorized and permitted sellers by the Waterford Heritage Committee.
B. Issuance limitations during Waterford Heritage Days. During the three-day
Waterford Heritage Days event each summer, with respect to food venders,
the Borough designee shall be limited to issuing one license per property
outside the park. The single license for food venders allotted for
each property shall be issued to the first applicant submitting a
complete and proper application under this article and payment of
the application fee.
[Amended 3-5-2001 by Ord. No. 1-2001]
If approved, the applicant shall be charged the applicable fee
as set by resolution of Borough Council at the first regular Borough
Council Meeting each calendar year. Fees shall be charged to every
entity conducting a transient retail business, and shall also be charged
to every entity leaving a sales stand, sales cart, or other sales
equipment or device unattended.
No license fee shall be charged for the sale of goods, wares,
and merchandise, donated by the owners thereof, the proceeds of which
are to be applied to any charitable or philanthropic purpose.
No person in any transient retail business shall:
A. Sell any product or type of product not mentioned in his license.
B. Sell goods, wares and merchandise on any of the streets, alleys,
sidewalks, or public grounds in the Borough.
C. Sell products door-to door.
D. Leave a sales stand unattended.
The Borough designee shall supervise the activities of all persons
holding license under this article. The designee shall keep a record
of all licenses issued hereunder and shall make a report thereof each
month to the Borough Council.
Borough Council may suspend or revoke any license under this
article for the licensee's engaging in any of the prohibited acts
or if the license applicant provided false information on his application.
No part of the licensing fee shall be refunded to any person whose
license shall have been suspended or revoked.
Any person who shall violate any provision of this article shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$600 plus costs, or in default of payment thereof, shall be subject
to imprisonment for a term not to exceed 30 days. Each day that a
person violated this article shall constitute a separate offense.