[HISTORY: Adopted by the Borough Council of the Borough of
Auburn 5-1-1898 by Ord. No. 17; amended in it entirety 12-8-1993 by Ord. No. 12/8/1993(Ch. 13, Part 1,
of the 1993 Code of Ordinances). Amendments noted where applicable.]
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 Borough of Auburn.
Selling, soliciting, or taking orders for any goods, wares,
or merchandise, from a fixed location within the Borough of Auburn,
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.
No person shall engage in any transient retail business within
the Borough of Auburn without first having obtained from the Mayor
a license, for which a fee, which shall be for the use of the Borough
of Auburn, shall be charged, established pursuant to a resolution
of the Borough 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 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.[1]
(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 any 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.[2]
(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 hereby from the payment of the license fee
shall be required to register with the Mayor 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, from time to time by resolution of Council, for his activities
in connection with the sale of goods, wares, and merchandise not in
such exempted categories. Provided further, the Mayor 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.
Provided further, 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.
Every person desiring a license under this chapter shall first
make application to the Mayor 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 license is to be issued.
E.
Type and license number of the vehicle to be used, if any.
Upon receipt of such application and the prescribed fee, the
Mayor, 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, municipal officials, and citizens
or residents of the Borough of Auburn.
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 Auburn.
C.
When operating from a vehicle, stop or park such vehicle upon any
of the streets or alleys in the Borough of Auburn 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 Auburn 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 7:00 p.m. on any day of the week other than a Sunday or legal
holiday.
The Mayor 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
Borough Council.
The Mayor 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 Borough 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 who violates or permits a violation of this chapter
shall, upon being found liable therefor, pay a fine of not more than
$600, plus court costs and reasonable attorneys’ fees incurred
by the Borough in the enforcement proceedings. If the penalty is not
paid, the Borough shall initiate a civil action for collection in
accordance with the Pennsylvania Rules of Civil Procedure. Each day
a violation exists shall constitute a separate offense, and each section
of this chapter that is violated shall also constitute a separate
offense. In addition to or in lieu of enforcement under this section,
the Borough may enforce this chapter in equity in the Court of Common
Pleas of Schuylkill County.
