[HISTORY: Adopted by the Borough Council of the Borough of
Mount Union 11-5-2007 by Ord. No. 1082. Amendments noted where
applicable.]
GENERAL REFERENCES
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."
A.
PERSON
TRANSIENT RETAIL BUSINESS
(1)
(2)
As used in this chapter, the following terms shall have the meanings
indicated:
Any natural person, association, partnership, firm, or corporation.
Includes the following:
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
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.
B.
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.
A.
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.
B.
Provided. No license fee shall be charged under this section:
(1)
To farmers selling their own produce;
(2)
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
(3)
To any manufacturer or producer in the sale of bread and bakery products,
meat and meat products, or milk and milk products.
C.
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.
D.
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.
A.
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.
B.
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.
C.
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:
A.
Sell any product or type of product not mentioned in his license;
B.
Hawk or cry his wares on any of the streets, alleys, sidewalks or
public grounds in the Borough;
C.
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;
D.
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
E.
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.
A.
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:
(1)
Fraud, misrepresentation or false statement contained in the application
for authorization.
(2)
Fraud, misrepresentation or false statement made in the course of
the business of the person authorized or seeking authorization.
(3)
Any violation of this chapter.
(4)
Conviction of a crime involving moral turpitude.
(5)
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.
B.
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.
