[Adopted 8-1-1977 by Ord. No. 2-1977]
This article shall be known as the "Summit Hill Transient Retail
Business and Solicitation Ordinance."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No person shall engage in any transient retail business or solicitation
within the Borough of Summit Hill without first having obtained from
the Borough Secretary a license, for which the fee shall be set by
resolution of the Borough Council, which shall be for the use of the
Borough, shall be charged, provided no license fee shall be charged
under this section:
A. To farmers selling their own produce;
B. 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
C. To any manufacturer or producer in the sale of bread and bakery products,
meat and meat products, or milk and milk products, but all persons
exempted hereby from payment of the license fee shall be required
to register with the Borough Secretary and to obtain a license without
fee; provided further any person dealing in one or more of the hereinabove-mentioned
exempted categories and selling 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, every license issued under the provisions of this article
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.
Every person desiring a license under this article shall first
make application to the Borough 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 previous criminal record, if any; the
name 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
or the type of solicitation to be conducted; the length of time for
which such license is to be issued; and the type and license number
of vehicle to be used, if any. Said application must be made to the
Borough Secretary 10 days prior to the date that the transient retail
business or solicitation is to begin. The applicant must publish two
times in a newspaper with circulation in the Borough of Summit Hill
his intention to engage in a retail business or to solicit in the
Borough, the first publication to be at least seven days prior to
the commencement of such action, and said public notice must set forth
the type of retail business or solicitation to be engaged in.
Upon receipt of such application and the prescribed fee, the
Borough Secretary, if she shall find such application in order, shall
issue the license required under this article. 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 or solicitation 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.
The Chief of Police is hereby authorized to suspend any license
issued under this article when he shall deem such suspension to be
in the interest of the public health, safety or morals, or for violation
of any of the provisions of this article, or for giving false information
upon any application for a license hereunder. Appeals from any suspension
may be made to the Council of the Borough of Summit Hill at any time
within 10 days after such suspension. No part of a license fee shall
be refunded to any person whose license shall have been suspended.
If a licensee fully complies with the provisions of this article,
75% of the license fee paid shall be refunded.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the Borough correctional facility for a period not exceeding
10 days or to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this article 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 article in equity
in the Court of Common Pleas of Carbon County.