Borough of Summit Hill, PA Peddling and Soliciting

Engaging in peddling, canvassing, soliciting or taking orders, either by sample or otherwise, for any goods, wares or merchandise upon any of the streets or alleys, sidewalks or public grounds, or from house to house, within the Borough of Summit Hill; 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, carnivals, circuses, other sales of commercial amusement, activities involving sales conducted at the time of special occasions or celebrations.

In this article, the masculine shall include the feminine and the neuter, the singular shall include the plural, and the plural shall include the singular.

§ 338-3 License required to engage in transient retail business and solicitation; fee; exemptions.

[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:

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 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.

§ 338-4 Application for 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.

§ 338-5 Issuance of license; custody and exhibit thereof.

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.

§ 338-6 Prohibited acts.

No person engaged in any transient retail business or solicitation shall:

(1)

Sell any product or type of product or solicit something not mentioned in his license;

(2)

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

(3)

When selling or soliciting 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 or solicit therefrom to persons residing or doing business or engaged in recreation in the immediate vicinity;

(4)

Park any vehicle upon any of the streets or alleys in the Borough for the purpose of sorting, rearranging or cleaning any of the goods, wares, merchandise or other material 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;

(5)

Occupy any fixed location upon any street, sidewalk, or alley for the purpose of such transient retail business or solicitation;

(6)

Engage in a retail business or solicitation at any time other than Monday through Friday between the hours of 9:00 a.m. and 5:00 p.m.;

(7)

Commence or end the retail business or solicitation each day without first having reported to the Borough Secretary at the Summit Hill Borough Hall.

The Chief of Police shall supervise the activities of all persons holding licenses under this article, and he shall keep a record of all licenses issued hereunder, and shall make a report thereof each month to the Council of the Borough of Summit Hill.

§ 338-7 Suspension of licenses; appeals from suspension; no refund of license fee following suspension; refund of license fee.

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.

§ 338-8 Violations and penalties.

[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.