[Ord. 7/25/1928; as amended by Ord. 829, 11/15/2001]
As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
New Year's Day, Martin Luther King's Birthday,
Presidents Day, Memorial Day, Independence Day, Labor Day, Columbus
Day, Veterans Day, Thanksgiving Day and Christmas Day.
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.
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The singular shall include the plural; the plural shall include
the singular; and the masculine shall include the feminine and the
neuter.
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[Ord. 7/25/1928; as amended by Ord. 829, 11/15/2001]
No person shall engage in any transient retail business within
the Borough of Elizabethtown without first having obtained from the
Police Department a permit, for which a fee, which shall be for the
use of the Borough of Elizabethtown, shall be charged, said fee to
be in such amount as established, from time to time, by resolution
of the Borough Council.
[Ord. 7/25/1928; as amended by Ord. 829, 11/15/2001]
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 sale 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.
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But all persons exempted hereby from the payment of the permit
fee shall be required to register with the Borough Secretary and obtain
a permit without fee; provided, 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 permit fee fixed by this section for his activities
in connection with the sale of goods, wares and merchandise not in
such exempted categories; and provided, further, the Borough Secretary
may similarly exempt from payment of the permit fee, but not from
registering with him, persons working without compensation and selling
goods, wares or merchandise for the sole benefit of a nonprofit corporation;
and provided, further, 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 in his name, and the permit fee hereby
imposed shall be applicable to every such individual permit, except
that a representative of a charitable organization may obtain permits
for the applicants.
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[Ord. 7/25/1928; as amended by Ord. 829, 11/15/2001]
Every person desiring a permit under this Part shall first make
application to the Police Department for such permit. He 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.
His criminal record, if any.
B.
Name and address of the person by whom he is employed.
C.
Type of goods, wares and merchandise he wishes 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. 7/25/1928; as amended by Ord. 829, 11/15/2001]
Upon receipt of such application and the prescribed fee, the
Police Department, if it shall find such application in order, shall
issue the permit required under this Part. Such permit shall contain
the information required to be given on the application therefor.
Every permit holder shall carry such permit upon his person if 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 he shall engage in such business if doing
so at a fixed location. He shall exhibit such permit, upon request,
to all police officers, Borough officials, and citizens or residents
of the Borough of Elizabethtown.
[Ord. 7/25/1928; as amended by Ord. 829, 11/15/2001]
No person in any transient retail business shall:
A.
Sell any product or type of product not mentioned in his permit.
B.
Hawk or cry his wares upon any of the streets, alleys, sidewalks
or public grounds in the Borough of Elizabethtown.
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.
D.
Park a vehicle upon any of the streets or alleys in the Borough for
the purpose of sorting, rearranging or cleaning any of his goods,
wares or merchandise or of disposing of any carton, wrapping material
or stock, wares or foodstuffs which have become unsalable through
handling, age or otherwise.
E.
Engage in any business activity, except by prior appointment, at
any time on a Sunday or legal holiday or at 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.
[Ord. 7/25/1928; as amended by Ord. 829, 11/15/2001]
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. 7/25/1928; as amended by Ord. 829, 11/15/2001]
The Police Chief is hereby authorized to deny, suspend or revoke
any permit issued under this Part when he deems such denial, suspension
or revocation to be beneficial to the public health, safety, or morals,
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 shall be held within 30 days of
the petition for appeal. No part of a permit fee shall be refunded
to any person whose permit shall have been suspended or revoked.
[Ord. 7/25/1928; as amended by Ord. 829, 11/15/2001]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $600 plus costs and, in default of payment of
said fine and costs, to a term of imprisonment not to exceed 30 days.
Each day that a violation of this Part continues shall constitute
a separate offense.
