[HISTORY: Adopted by the Borough Council of the Borough of
Sellersville 9-8-2008 by Ord. No. 658. Amendments noted where
applicable.]
GENERAL REFERENCES
Noise — See Ch. 85.
No person, firm or corporation or any agent thereof shall solicit
for any advertising, other than advertising to be inserted in a newspaper
of general circulation, or for any contribution, financial or otherwise,
other than a contribution sought from within the membership of the
organization by or on behalf of which such solicitation is made, within
the Borough limits of the Borough of Sellersville unless a permit
shall first have been obtained from the police service provider.
A.
Such permits shall be issued upon registration at the police service
provider offices of the name of the person, firm or corporation or
any agent thereof and such other reasonable information as may be
required for identification.
B.
A fee for a background check may be required, which fee shall be
as set forth from time to time by resolution of the Borough Council.
Soliciting activities shall be conducted only between the hours
of 9:00 a.m. and dusk or 7:00 p.m., whichever is earlier.
[1]
Editor’s Note: Former § 97-4, Violations and penalties,
was repealed 10-12-2015 by Ord. No. 703.
A.
In this article, the singular shall include the plural, the plural
shall include the singular, and the masculine shall include the feminine
and the neuter.
B.
PERSON
TRANSIENT RETAIL BUSINESS
(1)
(2)
As used in this article, the following terms shall have the meanings
indicated:
Any natural person, association, partnership or corporation.
Includes the following:
Engaging in canvassing, soliciting or taking orders, either
by sample or otherwise, for any goods, wares or merchandise upon any
street, alley, sidewalk or public ground or from house to house within
the Borough of Sellersville.
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.
A.
No person shall engage in any transient retail business within the
Borough of Sellersville without first having obtained from the police
service provider a license, for which a fee, as set from time to time
by resolution of the Borough Council, which shall be for the use of
the Borough, shall be charged depending on the term of the license,
as follows:
B.
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.
(3)
To any manufacturer or producer in the sale of milk or milk products,
bread and bakery products or meat and meat products, but all persons
exempted hereby from the payment of the license fee shall be required
to register with the police service provider and obtain a license
without fee.
C.
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 license fee fixed
by this section for his activities in connection with selling, canvassing,
soliciting or taking orders for goods, wares and merchandise not in
such exempted categories.
D.
The Borough Manager, pursuant to standards and policies established
from time to time by the Borough Council, may similarly exempt from
payment of the license fee, but not from registering with him, persons
working without compensation and selling or taking orders for goods,
wares or merchandise for the sole benefit of any nonprofit corporation.
E.
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 the provisions of this
article shall first make application to the police service provider
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 state or county license. In such
application, such person 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, ware and merchandise he wishes to deal with in
such transient retail business; the length of time for which such
license is to be issued; and the type and license number of any vehicle
to be used by him in the conduct of such business in the Borough.
Upon receipt of such application and the prescribed fee, the
police service provider, if he 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 from house to house or upon
any street, alley, sidewalk or public ground, or shall display such
license at the location where he shall engage in such business, if
doing so from 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 engaging in any transient retail business in the Borough
of Sellersville shall:
A.
Engage in any business activity prohibited in the Borough of Sellersville
by general or special law applicable thereto.
B.
Sell any product or type of product not mentioned in his license.
C.
When operating from a vehicle, stop or park such vehicle upon any
street or alley in the Borough for longer than necessary in order
to sell therefrom to persons residing or working in the vicinity.
D.
Park any vehicle upon any street or alley in the Borough for the
purpose of sorting, rearranging or cleaning any of his goods, wares
or merchandise or of disposing of any carton or wrapping material
or of any stock or wares or foodstuffs which have become unsalable
through handling, age or otherwise.
E.
When working from house to house, engage in such business at any
time on Sunday or at any time before 9:00 a.m. or after dusk or 7:00
p.m., whichever is earlier, on any day of the week other than Sunday.
The police service provider is hereby authorized to suspend
or revoke any license issued under this article when he shall deem
such suspension or revocation to be in the interest of public health,
safety or morals or for the violation of any provision of this article,
or for giving false information upon any application for a license
hereunder. Appeals from any suspension or revocation may be made to
the Borough Council at any time within 10 days after such suspension
or revocation. No part of a license fee shall be refunded to any person
whose license shall have been suspended or revoked.
[Amended 10-12-2015 by Ord. No. 703]
This chapter shall be enforced by a criminal action in the same
manner provided for the enforcement of summary offenses under the
Pennsylvania Rules of Criminal Procedure. A person convicted of violating
this chapter shall be sentenced to pay a fine not to exceed $1,000
per violation, plus court costs and reasonable attorneys' fees
incurred by the Borough of Sellersville, or to imprisonment for not
more than 90 days, or both. Violations of more than one provision
of this chapter shall constitute separate violations. Each day that
a violation of any provision of this chapter continues or occurs shall
constitute a separate violation.
