[HISTORY: Adopted by the Borough Council of the Borough of Mount Union 11-5-2007 by Ord. No. 1082. Amendments noted where applicable.]
Streets and sidewalks — See Ch. 288.
This chapter shall be known and may be cited as the "Borough of Mount Union Peddling, Canvassing, and Soliciting Ordinance."
As used in this chapter, the following terms shall have the meanings indicated:
- Any natural person, association, partnership, firm, or corporation.
- TRANSIENT RETAIL BUSINESS
- Includes the following:
- (1) 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 Mount Union; 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.
In this chapter, the masculine shall include the feminine and the neuter, the singular shall include the plural, and the plural shall include the singular.
No person shall engage in any transient retail business within the Borough of Mount Union without first having obtained from the Borough Manager a license, for a fee, which the Borough Council shall set from time to time by resolution.
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 of which 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.
All persons exempted hereby from the payment of the authorization fee shall be required to register with the Borough Manager or his or her delegate and obtain said authorization without fee; provided, however, 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 authorization fee fixed by this section for such person's activities in connection with peddling, canvassing, soliciting or taking orders for goods, wares and merchandise not in such exempted categories. The Borough Council may similarly exempt from payment of the authorization fee, but not from registering, persons working without compensation and selling or taking orders for goods, wares or merchandise for the sole benefit of any nonprofit corporation.
Every authorization granted under the provisions of this chapter shall be granted on an individual basis to persons engaging in such business, and every individual shall obtain an authorization, granted to him or her in his or her name, and the authorization fee hereby imposed shall be applicable to every such individual authorization.
Every person desiring a license under this chapter shall first make application to the Borough Manager for such license upon a form provided by the Borough of Mount Union. 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 and address of the person, firm, association, or company 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; whether a certificate or registration issued to the applicant under this chapter has ever been revoked; and the type and license number of the vehicle to be used by him, if any. All statements made by the applicant upon the application or in connection therewith shall be under oath.
Upon receipt of such application, the Borough Manager or his or her delegate shall cause such investigation of the applicant's business or organization and moral character to be made, as he or she deems necessary for the protection of the public welfare.
If, as a result of such investigation, the applicant's business or organization or moral character is found to be unsatisfactory, the Borough Manager or his or her delegate shall endorse on such application his or her disapproval and the reasons for the same and return said application to the applicant.
If, as a result of such investigation, the business or organization and moral character of the applicant are found to be satisfactory, the Borough Manager or his or her delegate shall endorse on the application his or her approval and record the name of the applicant, date, duration of authorization, and other data of public interest which he or she deems relevant. The Borough Manager or his or her delegate shall keep a permanent record of all applications made, authorizations granted, and authorizations refused.
Every license holder shall carry such license upon his person if engaged in a transient retail business from house to house or upon 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.
No person engaged in a transient retail business shall:
Sell any product or type of product not mentioned in his license;
Hawk or cry his wares on any of the streets, alleys, sidewalks or public grounds in the Borough;
When selling from a vehicle, stop or park such vehicle upon any of the streets or alleys in the Borough for longer than necessary to sell therefrom to persons residing or working in the immediate vicinity;
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; or
Engage in such business after 7:00 p.m. in the case of persons operating from house to house or after 9:00 p.m. in the case of persons not operating from house to house, but operating instead upon the streets, alleys, sidewalks or public grounds or from a fixed location. Hours may be extended upon receipt of special written permission from the Mayor or Chief of Police.
Authorizations may be denied or authorizations granted under the terms of this chapter may be revoked by the Borough Manager or his or her delegate for any of the following causes:
Fraud, misrepresentation or false statement contained in the application for authorization.
Fraud, misrepresentation or false statement made in the course of the business of the person authorized or seeking authorization.
Any violation of this chapter.
Conviction of a crime involving moral turpitude.
Conduct of a person authorized of seeking authorization in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
Appeals from any suspension may be made to the Borough Council 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.
Any person who shall violate any provision of this chapter shall, for every such violation, upon conviction thereof, be sentenced to pay a fine of not less than $10 nor more than $600, and costs of prosecution, and, in default of payment of such fine and costs, to imprisonment for not more than 30 days, provided that each day's violation of any provision of this chapter shall constitute a separate violation.