[HISTORY: Adopted by the Council of the Borough of Lansdale
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Food establishments — See Ch.
215.
[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.
PERSON
Any natural person, partnership, association, firm or corporation.
The singular shall include the plural and the masculine shall include
the feminine and the neuter.
STREET VENDOR
Any person who either directly or indirectly sells or offers
for sale food products to the consuming public on the public highways,
sidewalks or from house to house within the Borough of Lansdale as
a huckster, peddler, hawker, street vendor, traveling merchant or
agent.
[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.
[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)]
A. 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.
PERSON
Any natural person, partnership, association, corporation
or other legal entity.
TRANSIENT RETAIL BUSINESS
(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.
B. 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.
A. No license fee shall be charged:
(1) To farmers selling their own produce.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(6) To the seeking or taking of orders by insurance agents or brokers
licensed under the insurance laws of the Commonwealth of Pennsylvania.
(7) 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.
B. 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:
A. His criminal record, if any.
B. The name and address and social security number of the person by
whom he is employed.
C. The type of goods, wares and merchandise he wishes to deal with in
such transient retail business.
D. The length of time for which the license is to be issued.
E. Type and license number of the vehicle to be used, if any.
F. A recent photograph of himself, at the discretion of the Police Department.
G. 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:
A. Sell any product or type of product not mentioned in this license.
B. Hawk or cry his wares upon any of the streets, alleys, sidewalks
or public grounds in the Borough of Lansdale.
C. 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.
D. 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.
E. 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.