[HISTORY: Adopted by the Borough Council of the Borough of Tyrone as indicated in article histories. Amendments noted where applicable.]
Fees — See Ch. 92.
[Adopted 9-12-2016 by Ord. No. 1375]
This chapter shall be known and may be cited as "The Regulation and Licensing of Transient Retail Merchants."
The following words and phrases when used in this chapter shall have the meanings ascribed to them in this § 111-2, except where the context clearly indicates a different meaning:
- BACKGROUND CHECK
- Applicants must furnish results of a background check obtained
from PATCH system and submit with a completed Borough solicitation
application.[Added 5-8-2017 by Ord. No. 1392]
- The Borough of Tyrone, Blair County, Pennsylvania.
- Includes any person, whether a resident of the Borough or not, who goes from house to house, from place to place or from street to street, soliciting or taking or attempting to take orders from individuals for sale of goods, wares or merchandise, including magazines, books, periodicals or for services to be performed at that time or in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such order or whether or not he or she is collecting advance payments on such orders.
- Any person who or which leases by either an oral and/or written lease any real estate, room, apartment, store, shop, building, railway car, and/or other place or structure to a transient retail merchant and/or any person engaged or intending to engage in a transient retail business.
- The written authorization by the Borough of Tyrone conferring the right to operate a transient retail business within the Borough.
- Any association, firm, partnership, corporation or any other entity, as well as, a natural person male or female. The singular shall include the plural.
- TRANSIENT RETAIL BUSINESS
- Any business conducted in the Borough for the sale of goods, wares or merchandise whatsoever which is temporary in location and/or in time.
- TRANSIENT RETAIL MERCHANT OR PEDDLER
- Every person, whether principal or agent, entering into, beginning, or desiring to begin, a transient retail business in the Borough for the sale of any goods, wares, or merchandise whatsoever, and who hires, leases, occupies, or uses any room, apartment, store, shop, building, railway car, or other place or structure for the exhibition and sale of such goods, wares, or merchandise or who sells such goods, wares or merchandise door to door. Said terms shall include a participant as a vendor in a flea market and a door to door peddler. Nothing contained herein shall apply to farmers selling their own produce, or to any sale of goods, wares, or merchandise, the proceeds of which are to be applied to any charitable or philanthropic purpose and/or newspaper carriers.
No person, including, but not limited to, a transient retail merchant and/or canvasser, shall engage in a transient retail business in the Borough without first having obtained a license, as herein provided.
Every person desiring to engage in a transient retail business as a transient retail merchant in the Borough shall first make application to the Chief of Police for a license together with a license fee as set forth in Borough of Tyrone Code of Ordinances, Chapter 92, Fees. Said application shall be on a blank form provided by the Borough Code Enforcement Officer and shall contain at least the following information, verified by oath or affirmation.
Full name and physical description of the applicant and local address, if any.
Name and address of employer, together with credentials therefrom establishing the exact relationship or a statement that such applicant is self-employed.
Permanent address and telephone number.
The nature of the business and goods, wares, or merchandise offered or intended to be offered for sale.
A statement as to whether or not the applicant has ever been convicted of any felony and/or misdemeanor and/or any crime of theft, theft by deception, and/or any municipal ordinance, other than traffic violations, and if the answer is in the affirmative, the nature of the offense or offenses and the punishment or punishments imposed.
The type of vehicle to be used, if any, by the applicant and the registration number.
If a vehicle is being used, the name of the driver, the driver's license, vehicle registration number and certificate of current automobile liability coverage.
The source of supply of the goods or property to be sold or orders taken for the sale thereof and the proposed method of delivery.
Said application shall be accompanied by a copy of a completed report showing the results of a background check performed using the PATCH system. If the applicant intends to sell any goods, wares or merchandise whatsoever door to door in the Borough then the applicant shall furnish a photograph of him or herself to and acceptable by said Police Department.
[Amended 5-8-2017 by Ord. No. 1392]
Lessor requirements. It shall be the duty of every person, including a Lessor, who leases property of any type, by either an oral and/or written lease to any person, including a transient retail merchant conducting or intending to conduct a transient retail business on or at said property, to secure a license and/or licenses from the Borough for each such person and/or transient retail merchant. The person so leasing, including a lessor, shall submit to the Borough the information required in § 111-4A hereof for each person, including a transient retail merchant, conducting or intending to conduct a transient retail business on or at said property, together with a license fee as established by the Borough from time to time. Failure to comply with this § 111-4B shall entitle the Borough to prosecute either the Lessor or the person, including a transient retail merchant, or both, for non-compliance.
Renewal of License. Each person, including a transient retail merchant who or which receives a license from the Borough to conduct a transient retail business shall be required to renew such license with the Borough Code Enforcement Officer on the first day of each successive month that the person, including a transient retail merchant, intends to continue the operation of a transient retail business and shall pay the monthly fee upon each such renewal of the license.
At the discretion of the Borough Code Enforcement Officer and/or Chief of Police, no license may be issued under this Part until a period of at least 24 hours has elapsed from the time the application has been filed with the Borough, in order to give the Borough sufficient time to make any investigation deemed necessary by the Borough Chief of Police before issuing a license. The Borough, during the twenty-four hour period following the application, may investigate the applicant and the applicant's business and reputation of said business and any other information deemed necessary to protect the public safety and health. In the event that such investigation should indicate that the granting of such permit would or might be injurious to the public interest, safety or health, the Borough Code Enforcement Officer in concurrence with the Chief of Police shall have the power and authority to refuse to issue a license.
Upon the approval of license application and payment of fee as set forth in the preceding section, the Borough Chief of Police or Borough Code Enforcement Officer shall issue a license card, containing the date of issuance and the date of expiration, as well as the name of the transient retail merchant, the transient retail merchant's address, the location where the transient retail merchant intends to set up a transient retail business, and as follows:
The Borough Code Enforcement Officer in concurrence with the Chief of Police is hereby authorized to deny, suspend or revoke any license issued under this Part when he/she deems such denial, suspension or revocation to be beneficial to the public health, safety or morals, including but not limited to, providing false information on an application for license and/or having been convicted of a felony involving physical harm and/or for violation of any provision of this Part. Appeals from any suspension, revocation or denial of a license may be made to the Borough Manager at any time within 10 days after such suspension, revocation or denial, and a meeting 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.
It shall be unlawful for any person including a transient retail merchant to permit and/or to enter into or begin a transient retail business within the limits of Borough without having complied with this chapter and without having in his or her possession the license card as hereinbefore mentioned.
Any organization, society, association or corporation desiring to solicit, or have solicited in its name, money, donations of money or property or financial assistance of any kind or desiring to sell or distribute any item of literature, various types of tokens or merchandise for which a fee is charged or solicited from persons other than members of such organizations upon the streets, in office buildings, by house-to-house canvass or in public places for a charitable, religious, patriotic, and/or philanthropic purpose, shall be exempt from the fee provisions of § 111-4 of this Part, provided that there is filed a sworn application, in writing, on a form furnished by the Police Department, which will give the following information:
The name and purpose of the cause for which the license is sought.
The name and address of the officers and directors of the organization.
A period during which solicitation is to be conducted.
Whether or not any commission, fees or wages are to be expended in connection with such solicitation and the estimated amount thereof.
Upon being satisfied that such organization, association or corporation is a religious, charitable, patriotic or philanthropic organization, the Borough Code Enforcement Officer in concurrence with the Chief of Police shall issue a license without charge.
No licensee, nor any person in his or her behalf, shall make any noise in violation of the Borough's nuisance ordinance.
No licensee shall have any exclusive right to any location in the public streets, nor shall any licensee be permitted a stationary location thereon, nor shall any be permitted to operate in a congested area where such operations might impede or inconvenience the public use of such streets or sidewalks. Licensees shall be required to continue to move about or to move to a new location every 30 minutes.
No licensee or permit holder shall be permitted to solicit on Sundays or legal holidays, nor before 9:00 a.m., nor after 5:00 p.m. prevailing time, on weekdays and Saturdays.
Licensees are required to exhibit their license and a form of identification approved by the Borough at all times while engaging in business activities within the Borough. No license shall be transferable.
It is declared to be the policy of this Borough that the occupants of residences within the Borough shall determine whether peddlers, canvassers or transient merchants shall or shall not be invited to their respective residences. Notice of the determination not to invite said solicitors may be given by notice posted on the premises. Such written notice shall constitute sufficient notice to any peddlers, canvassers or transient merchants of the determination of the occupant.
Any peddlers, canvassers or transient merchants who have gained entrance to any residence, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant.
It is hereby declared to be unlawful and shall constitute a nuisance for any peddlers, canvassers or transient merchants to go upon any premises and ring the doorbell upon or near any door or create any sound in any other manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in soliciting in defiance of the notice exhibited at the residence in accordance with the provisions of this part.
Any person, firm or corporation that shall violate any of the provisions of this Part shall forfeit and pay the Borough for each and every separate offense a sum of not less than $100 or more than $600, to be used for and recovered as other fines and penalties are now by law recoverable and, in default of payment of the fines and costs of prosecution, shall be imprisoned for a period not exceeding 30 days. Each day during which a violation occurs shall constitute a separate offense.
This Ordinance shall not apply to farmers selling produce grown on their own property or by their own hand, nor to sale of any goods, wares or merchandise, the proceeds of which are to be applied to any charitable or philanthropic purpose, nor to any individuals who are under 18 years of age who take orders for and deliver newspapers, greeting cards, candy, cookies and other fundraising items, and the like or who represent the Boy Scouts, Girl Scouts, schools, churches or similar organizations.