[HISTORY: Adopted by the Council of the Borough of Lansdale as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-7-1964 by Ord. No. 850 (Ch. 118, Art. I, of the 1972 Code)]
For the purpose of this article, the terms used herein are defined as follows:
- FOOD PRODUCTS
- Any food or food product, including but not limited to provisions, produce, food, vegetables, ice cream, nuts, soft drinks or pretzels.
- Any natural person, partnership, association, firm or corporation. The singular shall include the plural and the masculine shall include the feminine and the neuter.
[Amended 1-17-1990 by Ord. No. 1419; 12-20-2006 by Ord. No. 1750]
No street vendor shall, either directly or indirectly, offer, sell or offer for sale food products to the consuming public on the public highways, sidewalks or from house to house within the Borough of Lansdale without first having procured a license to do so from the Montgomery County Health Department as hereinafter provided. Said license shall be effective for the duration of time for which it is issued and shall not be transferable.
[Amended 12-20-2006 by Ord. No. 1750]
The license provided for in this article shall be issued by the Montgomery County Health Department pursuant to its rules and regulations governing the issuance of temporary food service licenses. All street vendors in Lansdale Borough must obtain said license. The license shall be displayed prominently by the street vendor, and the license shall be valid, current, and in effect at all times during which the street vendor operates in Lansdale Borough. Operation by a street vendor without the license referred to above, or with an invalid, suspended, revoked or expired license, shall constitute a violation of this article.
Editor's Note: Former § 118-5, Inspections and bacteriological tests, § 118-6, License fees, § 118-7, Conspicuous display of licenses, § 118-8, Applicability, § 118-9, Medical clearance; cleanliness, § 118-10, Vehicles and equipment, § 118-11, Protection of food products, § 118-12, Garbage and trash; plumbing connections, § 118-13, Suspension or revocation of license, as amended, which immediately followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 12-20-2006 by Ord. No. 1750]
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.
[Adopted 6-21-1995 by Ord. No. 1546 (Ch. 118, Art. II, of the 1972 Code)]
Editor's Note: This ordinance also repealed former Art. II, Peddlers, adopted 5-7-1964 by Ord. No. 853.
As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
- LEGAL HOLIDAY
- New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas.
- Any natural person, partnership, association, corporation or other legal entity.
- (1) 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 or business to business, if such peddling is not related to the business being solicited, all within the Borough of Lansdale; or
- (2) Selling, soliciting or taking orders for any goods, wares or merchandise from a fixed location within the Borough of Lansdale 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.
The singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and the neuter.
No person shall engage in any transient business within the Borough of Lansdale without first having obtained from the Police Chief of the Borough of Lansdale a license, for which a fee, which shall be for the use of the Borough of Lansdale, shall be charged, said fee to be in such amount established from time to time by resolution of the Borough Council of the Borough of Lansdale.
Editor's Note: Resolution No. 95-12, adopted 6-21-1995, provides as follows: The Borough of Lansdale shall charge a licensing fee upon issuance of a license for conducting a transient retail business in the following amounts: a. Fifteen dollars per day. b. Thirty dollars per month. The schedule of license fees set forth above shall be posted and incorporated into Ch. 388, Art. II, of the Borough Code of the Borough of Lansdale.
No license fee shall be charged:
To farmers selling their own produce.
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.
To any manufacturer or producer in the sale of bread and bakery products, meat and meat products or milk and milk products, provided that such sales are made pursuant to a regular delivery route with set times and dates for deliveries.
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.
To any honorably discharged member of any of the armed services who complies with the Act of April 8, 1867, P.L. 50, 60 P.S. § 61, as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania, and who procures from the Prothonotary a certificate pursuant to the Act of 1867.
Editor's Note: 60 P.S. § 61 was repealed November 24, 1992, P.L. 717, No. 108, § 3.
To the seeking or taking of orders by insurance agents or brokers licensed under the insurance laws of the Commonwealth of Pennsylvania.
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.
However, all persons exempted hereby from the payment of the license fee shall be required to register with the Chief of Police of the Borough of Lansdale and obtain a license without fee, provided that 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 the sale of goods, wares and merchandise not in such exempted categories; provided, further, that the Police Chief of the Borough of Lansdale may similarly exempt from payment of the license 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; provided, further, that every license issued under the provisions of this article shall be issued on an individual basis to any person or 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, except that a representative of a charitable organization may obtain licenses for the applicants.
Every person desiring a license under this article shall first make application to the Police Chief of the Borough of Lansdale during normal business hours two days prior to commencement of the transient retail business. He shall, when making such application, exhibit a valid license from any state or county officer, if such license is also required. The applicant shall state:
His criminal record, if any.
The name and address and social security number of the person by whom he is employed.
The type of goods, wares and merchandise he wishes to deal with in such transient retail business.
The length of time for which the license is to be issued.
Type and license number of the vehicle to be used, if any.
A recent photograph of himself, at the discretion of the Police Department.
Fingerprints of the individual, if required, at the discretion of the Police Department.
Upon receipt of such application and the prescribed fee, the Police Chief of the Borough of Lansdale, 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 transient retail business from house to house or upon any of the streets, alleys, sidewalks or public grounds or 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 of Lansdale.
No person in any transient retail business shall:
Sell any product or type of product not mentioned in this license.
Hawk or cry his wares upon any of the streets, alleys, sidewalks or public grounds in the Borough of Lansdale.
When operating from a vehicle, stop or park such vehicle upon any of the streets or alleys in the Borough of Lansdale for longer than 10 minutes in order to sell therefrom to persons residing or working in the immediate vicinity.
Park a vehicle upon any of the streets or alleys in the Borough of Lansdale 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.
Engage in any business activity, except by prior appointment or approval by the Chief of Police, at any time on a Sunday or legal holiday or at any time before 9:00 a.m. and after 9:00 p.m. on any day of the week other than a Sunday or a legal holiday.
The Chief of Police of the Borough of Lansdale shall supervise the activities of all persons holding licenses under this article. He shall keep a record of all licenses issued hereunder and shall make a report thereof each month to the Borough Council of the Borough of Lansdale.
The Chief of Police of the Borough of Lansdale is hereby authorized to deny, suspend or revoke any license issued under this article when he deems such denial, suspension or revocation to be beneficial to the public health, safety or morals or for violation of any provisions of this article or for giving false information upon any application for a license hereunder. Appeals from any suspension, revocation or denial of a license may be made to the Borough Council of the Borough of Lansdale 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 license fee shall be refunded to any person whose license shall have been suspended or revoked.
It shall be unlawful for any person to engage in peddling to any residence or business within the Borough of Lansdale which has a "No Peddling" or "No Soliciting" sign or notice prominently posted on the front entrance of the premises or on the walkway or route leading to the front entrance.
It shall be unlawful to distribute with or without consideration any books, booklets, circulars, pamphlets or other printed, mimeographed or typewritten material or any foodstuffs, goods, wares or other merchandise in such manner as to cause the streets, alleys or pavements of the Borough to become dirty or littered, irrespective of whether the dirt and litter results from the actions of those persons receiving the same.
The registration of any person, place, activity, event or device pursuant to the terms of this article or any resolution or motion related hereto shall in no way constitute any representation by the Borough of Lansdale, its various departments, employees, agents and/or any other entity or person as to the safety or appropriateness of any such registered activity. The registration of any person, place, activity, event or device shall be and is for informational purposes only.
Any person, firm, corporation or association which shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day a violation of this article continues shall constitute a separate offense.