[Ord. 831, 12/5/2016]
The following terms shall have the following meanings unless otherwise expressly set forth in the text.
APPLICANT A person who desires to secure a license for solicitation, peddling, or a transient retail business.
BOROUGH The Borough of Fountain Hill.
LICENSE The license issued by the Borough pursuant to the terms, conditions and provisions hereof.
LICENSE PERIOD The period of time for which a license has been issued and is valid.
LICENSEE Any person, individual, association, organization, corporation, partnership, co-partnership, firm, joint venture or similar business entity that secures a license.
PERSON Any individual, association, organization, corporation, partnership, co-partnership, firm, joint venture or similar business entity that applies for a license.
TRANSIENT RETAIL BUSINESS Any of the following events or practices: peddling, canvassing, soliciting or taking orders, either by sample or otherwise, for any goods, wares, merchandise, magazines, periodicals, books or other personal property, or services to be furnished or performed now or in the future, or solicitation of contributions for various causes and organizations, including, but not limited to, charitable, religious, political, educational or philanthropic organizations upon or from:
A. Any street, alley, sidewalk or public place, or from house to house within the Borough; or
B. A fixed location within the Borough, on a temporary basis, which shall include, but is not limited to, any activities conducted at the time of special occasions or celebrations, for seasonal purposes, or for or in advance of particular yearly holidays.
[Ord. 831, 12/5/2016]
Every licensee shall carry a valid and unexpired license on their person or display it on their vehicle or from a fixed location, as applicable. The licensee shall exhibit the license, immediately upon request, to any police officer, Borough official, or any citizen or resident of the Borough.
[Ord. 831, 12/5/2016]
Every license shall terminate automatically at the time of 6:00 p.m. on the day the license period expires.
[Ord. 831, 12/5/2016]
This Part shall not apply to any person who is beyond the legal power of the Borough under either the Constitution of the United States or the Constitution or Laws of the Commonwealth of Pennsylvania. This Part shall not affect violations of any other ordinance, code or regulation existing prior to the effective date hereof, and any such violation shall be governed and punishable to the full extent of the law under the provisions of those ordinances, codes or regulations in effect at the time the violation was committed.
[Ord. 831, 12/5/2016]
The provisions of this Part are severable. If any provision, sentence, clause, phrase, section or part thereof shall for any reason be found unconstitutional, illegal or invalid, such unconstitutionality, illegality, or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, phrases, sections or parts thereof, but the same shall remain in effect. It is hereby declared to be the intent of Borough Council that this Part shall stand notwithstanding the invalidity of any part included herein.
[Ord. 831, 12/5/2016]
The provisions of this Part shall become effective 30 days after enactment.
[Ord. 831, 12/5/2016]
Any ordinance, in part or in whole, conflicting or inconsistent with the provisions of this Part are hereby repealed insofar as the same may conflict with or be inconsistent with the terms of this Part.