[Ord. No. 1007, 4/6/2023[1]]
As used in the Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
Any natural person, partnership, association, corporation
or other legal entity.
Engaging in peddling, 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 Elizabethtown.
Selling, soliciting or taking orders for any goods, wares or
merchandise from a fixed location within the Borough of Elizabethtown,
on a temporary basis, which shall include, but not be limited to,
such activities conducted at the time of special occasions or celebrations,
for seasonal purposes, or for yearly holidays.
Engaging in selling or providing services from house to house
within the Borough of Elizabethtown.
[1]
Editor's note: This ordinance also repealed former Part 1,
Transient Retail Business, adopted by Ord. 7/25/1928; as amended by
Ord. 829, 11/15/2001.
[Ord. No. 1007, 4/6/2023]
No person shall engage in any transient retail business within
the Borough of Elizabethtown without first having obtained a permit
from the Police Department. The fee for that permit shall be established
by resolution of the Borough Council, and shall be used to cover the
administrative costs of the permit program.
[Ord. No. 1007, 4/6/2023]
1.
No permit fee shall be charged:
A.
To farmers selling their own produce.
B.
For the sale of goods, wares and merchandise, donated by the owners
thereof, the proceeds whereof are to be applied to any charitable
or philanthropic purpose.
C.
To any manufacturer or producer in the delivery of bread and bakery
products, meat and meat products, or milk and milk products.
D.
To 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.
E.
To the seeking or taking of orders by insurance agents or brokers
licensed under the insurance laws of the Commonwealth of Pennsylvania.
F.
To a person who has complied with the provisions of the Solicitation
of Funds for Charitable Purposes Act, 10 P.S. § 162.1 et
seq., as hereafter amended, supplemented, modified or reenacted by
the General Assembly of Pennsylvania.
G.
For taking orders for merchandise, by sample, from dealers or merchants
for individuals or companies who pay a license or business privilege
tax at their chief place of business.
[Ord. No. 1007, 4/6/2023]
1.
Every person desiring a permit under this Part shall first make application
to the Police Department for such permit. They shall, when making
such application, exhibit a valid permit from any state or county
officer, if such permit is also required. The applicant shall state:
A.
Their criminal record, if any.
B.
Name and address of the person by whom they are employed.
C.
Type of goods, wares and merchandise they wish to deal with in such
transient retail business.
D.
Length of time for which the permit is to be issued.
E.
Type and license number of the vehicle to be used, if any.
[Ord. No. 1007, 4/6/2023]
1.
Every permit issued under the provisions of this Part shall be issued
on an individual basis to any person or persons engaging in such business.
Every individual shall obtain a separate permit, issued to him or
her in his or her own name, and the permit fee imposed by this Part
shall be applicable to every such individual permit, except that a
representative of a charitable organization may obtain permits for
the individual applicants.
2.
Upon receipt of such application and the prescribed fee, the Police
Department shall review the permit to ensure that it is complete and
that the applicant is not prohibited from obtaining a permit elsewhere
in this Part. The Police Department will then issue the permit required
under this Part and provide it to the applicant. Such permit shall
contain the information required to be given on the application, as
well as a photograph of the applicant. Every permit holder shall carry
such permit upon their person at all times while engaged in transient
retail business from house to house or upon any of the streets, alleys,
sidewalks, or public grounds, or shall display such permit at the
location where they engage in such business if doing so at a fixed
location. They shall also exhibit such permit, upon request, to all
police officers, Borough officials, and citizens or residents of the
Borough of Elizabethtown.
[Ord. No. 1007, 4/6/2023]
1.
No person in any transient retail business shall:
A.
Sell any product or type of product not mentioned in the issued permit.
B.
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.
C.
Park a vehicle illegally upon any of the streets or alleys in the
Borough for the purpose of sorting, rearranging or cleaning any of
their goods, wares or merchandise. They shall not dispose of any carton,
wrapping material or stock, wares or foodstuffs which have become
unsalable through handling, age or otherwise in any trash receptacle
without the written permission of the owner.
D.
Engage in any business activity, except by prior appointment, at
any time before 9:00 a.m. or after 6:00 p.m.
[Ord. No. 1007, 4/6/2023]
The Police Department shall supervise the activities of all
persons holding permits under this Part. The Police Department shall
keep a record of all permits issued hereunder.
[Ord. No. 1007, 4/6/2023]
The Police Chief is hereby authorized to deny, suspend or revoke
any permit issued under this Part when such denial, suspension or
revocation is found to be beneficial to the public health, safety,
or morals of the community, or for violation of any provision of this
Part, or for giving false information upon any application for a permit
hereunder. Appeals from any suspension, revocation or denial of a
permit may be made to the Borough Council at any time within 10 days
after such suspension, revocation or denial, and a hearing may be
scheduled to consider the petition for appeal at the discretion of
the Borough Council. No part of a permit fee shall be refunded to
any person whose permit shall have been suspended or revoked.
[Ord. No. 1007, 4/6/2023]
Any person who shall violate a provision of this Part; or who
shall fail to comply with any of the requirements thereof; shall be
liable upon summary conviction therefor to fines and penalties of:
(1) not less than $100 nor more than $1,000 plus all costs of prosecution,
including the Borough's attorneys' fees, for a first offense;
(2) not less than $200 nor more than $1,000 plus all costs of prosecution,
including the Borough's attorneys' fees, for a second offense;
and (3) not less than $300 nor more than $1,000 plus all costs of
prosecution, including the Borough's attorneys' fees, for
a third or subsequent offense, which fines and penalties may be collected
as provided by law. All fines and penalties collected for violation
of this Part shall be paid over to the Borough Treasurer. Each day
that a violation continues and each section of this Part which is
violated shall be deemed to be a separate violation.
