No person shall engage in any transient retail business within the Borough without first having obtained from the Borough Manager and/or her designee, a license, for which a fee, which shall be for the use of the Borough, shall be charged, established pursuant to a resolution of the Borough; except that no license shall be required of children under the age of 18 years who take orders for and deliver newspapers, greeting cards, candy, bakery products and the like, or who represent the Boy Scouts or Girl Scouts or similar organizations; organizations and/or persons conducting street fairs, parades or similar gatherings pursuant to permits issued by the Borough for the use of the Borough streets, shall be exempt from the requirements of this article. Persons described by Subsection (3) of the definition of "transient retail business" shall be exempt from the licensing requirements of this article and shall be subject only to the requirements of §
205-4D,
E and
F. The license fee may include a reasonable fee related to the disposition of trash and litter associated with pamphleting and/or any other transient retail activity so licensed.
Every person desiring a license under this article shall first
make application to the Borough Manager for such license. He shall,
when making such application, exhibit a valid license from any state
or county officer if such a license is also required. The applicant
shall state:
A. His name, age, sex, home address and telephone number.
B. His criminal record, if any.
C. Name and address of the person by whom he is employed.
D. Business address, either his or her employer and telephone number.
E. Type of goods, wares and merchandise he wished to deal with in such
transient retail business.
F. Length of time for which license is to be issued.
G. Make, type and license number of the vehicle to be issued.
H. Two recent photographs of the applicant showing the applicant's
face and shoulders in a clear and recognizable manner.
Upon receipt of such application and the prescribed fee, the
Borough Manager, if he shall find such application in order, shall
issue the license required under this article. Such license shall
be issued for the number of days requested, if approved by the Borough
Manager. The license shall indicate the name of the applicant and
the dates for which the license is approved. Every license holder
shall carry such license upon his person if engaged in transient retail
business from house to house or upon any of the streets, alleys, sidewalks
or public grounds, and 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,
municipal officials and citizens or residents of the Borough.
No person in any transient retail business shall:
A. Sell any product or type of product not mentioned in his license.
B. Hawk or cry his wares upon any of the streets, alleys, sidewalks
or public grounds in the Borough.
C. When operating from a vehicle, stop or park such vehicle upon any
of the streets or alleys in the Borough for longer than necessary
in order to sell therefrom to persons residing or working in the immediate
vicinity except as part of an organized fair or festival.
D. Engage in any business activity, except by prior appointment, at
any time on a Sunday or legal holiday or any time before 9:00 a.m.
or after 6:00 p.m. on any day of the week other than a Sunday or legal
holiday unless as part of an organized fair or festival; provided,
however, that persons canvassing or soliciting as described in Subsection
(3) of the definition of "transient retail business" may conduct such
activities until 9:00 p.m. on permitted days.
E. Carry on transient retail business activities at a private residence
or business premises exhibiting a sign reading "no solicitor" or words
of similar meaning. A sign reading "no solicitors" or similar sign,
not to exceed on 100 square inches in size, may be placed on residential
or business premises and for the purpose of this article shall be
conspicuously displayed near the entrance or doorway.
F. Carry on transient retail business activities at a private residence
or business premises connoted on the "list of residences requesting
no solicitation" ("no soliciting list") as supplied by the Borough
to any license holder.
[Amended 4-11-2017 by Ord. No. 2584]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus court costs and reasonable attorneys' fees
incurred by the Borough in the enforcement proceedings. Upon judgment
against any person by summary conviction, or by proceedings by summons
on default of the payment of the fine or penalty imposed and the costs,
the defendant may be sentenced and committed to the Borough lockup
for a period not exceeding 10 days or to the county jail for a period
not exceeding 30 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense.