[Ord. 1406-13, 1/14/2013]
As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
BOROUGH
The Borough of Gettysburg, Adams County, Pennsylvania.
BOROUGH COUNCIL
The Borough Council of the Borough of Gettysburg, Adams County,
Pennsylvania.
BOROUGH MANAGER
The Borough Manager of the Borough of Gettysburg, Adams County,
Pennsylvania.
BUSINESS DAY
A Monday, Tuesday, Wednesday, Thursday or Friday during which
the Borough's administrative offices are open for normal business
operations, excluding weekend days and any such days of the week which
may fall on a federal, state or Borough holiday when such administrative
offices are closed.
CHARITABLE ORGANIZATION
An organization that has been granted an exemption by the
United States Internal Revenue Service under § 501(c)(3)
of the United States Internal Revenue Code and/or any person or organization
that has complied with the provisions of the Pennsylvania Solicitation
of Funds for Charitable Purposes Act, 10 P.S. § 162.1 et
seq., as amended.
PERSON
Any natural person, partnership, association, corporation,
company or any other form of legal entity.
SIGN
A temporary structure, device or object, not permanently attached to a structure or to the ground, that incorporates lettering, logos or colors which either convey a message to the public or intend to advertise, direct, invite, announce or draw attention to goods, wares or merchandise. See also the Gettysburg Borough Sign Ordinance of 2010, Chapter
19, Part
1, of the Code of Ordinances.
TRANSIENT RETAIL BUSINESS
A.
Engaging in the sale of goods, wares or merchandise on a temporary
basis with such business being conducted from a fixed location within
the Borough of Gettysburg. Such activities shall include but shall
not be limited to the sale of goods, wares or merchandise at the time
of special events conducted in the Borough of Gettysburg for special
occasions, parades or seasonal celebrations.
B.
Engaging in peddling, soliciting or taking of orders, either
by sample or otherwise, for the sale of goods, wares or merchandise
upon any street, alley, sidewalk or public property of the Borough
of Gettysburg or on a house-to-house or business-to-business basis
within the Borough of Gettysburg. Such activities shall include but
shall not be limited to the sale of goods, wares or merchandise at
the time of special events conducted in the Borough of Gettysburg
for special occasions, parades or seasonal celebrations.
[Ord. 1406-13, 1/14/2013]
No person shall engage in any transient retail business within the Borough without first having obtained a license to conduct such transient retail business from the Borough. Any person who is engaged in any transient retail business within the Borough for which the payment of a license fee is excepted pursuant to §
13-403, Subsection
2, of this Part shall be required to obtain a license from the Borough in order to conduct such transient retail business pursuant to this provision.
[Ord. 1406-13, 1/14/2013]
1. Unless a license fee is otherwise excepted pursuant to §
13-403, Subsection
2, of this Part, the Borough shall charge a fee for the issuance of a license hereunder in an amount to be established and modified from time to time by resolution duly adopted by the Borough Council.
2. No license fee shall be charged under this Part:
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 a manufacturer or producer in the sale of bread and bakery products,
meat and meat products, or milk or milk products. However, for purposes
of this fee exception provision, milk and milk products shall not
include ice cream or other frozen desserts.
D. To a charitable organization, as defined herein, including any person
who has registered with the Pennsylvania Department of State, as required
by the Solicitation of Funds for Charitable Purposes Act, 10 P.S.
§ 162.1 et seq., as amended.
E. To students or members of philanthropic organizations conducting
sales or taking orders for fundraising purposes on behalf of their
schools or such organizations. Any proceeds from such sales must be
for the benefit of the schools or organizations, or programs and activities
sponsored thereby, and not for the individual monetary gain and benefit
of the students or members conducting such sales or taking orders
unrelated to such programs or activities.
F. To speech-related transient retail activity involving soliciting
for sale message-bearing merchandise where the product bears the message
that espouses the purpose and activities of the vendor. All message-bearing
merchandise must contain a conspicuous political, religious, philosophical
or ideological message having intellectual content that is consistent
with the purpose of the vendor's organization.
3. Any person engaged in any transient retail business dealing in one
or more of the excepted categories and selling other goods, wares
and merchandise not excepted shall be subject to the license fee fixed
for its activities in connection with the sale of goods, wares and
merchandise which are not in any of the excepted categories; provided
further, that every license 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 license,
issued to him or her in his or her 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 all individuals engaged on its behalf in activities regulated
by this Part.
[Ord. 1406-13, 1/14/2013]
Every person desiring a license under this Part shall first
make application to the Borough for such license. The applicant shall,
when making such application, exhibit a valid license from any state
or county official, if such license is also required. On the license
application form, the applicant shall state and present to the Borough
the following information:
A. Name, address, contact information and date of birth (if an individual
applicant).
B. Name and address of the employer, if any.
C. The type of goods, wares and merchandise which the applicant proposes
to sell pursuant to the transient retail business license requested
by the applicant and a brief description of the applicant's transient
retail business.
D. The length of time, with a specific start date and termination date,
of the transient retail business to be conducted within the Borough
for which the license is proposed to be issued.
E. The type and license number of any motor vehicle to be used in any
manner in connection with the transient retail business of the applicant.
F. The location or locations from which transient retail sales are proposed
to be conducted by the applicant. If a location from which transient
retail sales will be conducted by any applicant is on private property,
including sidewalks abutting private property, such location shall
require written permission from the property owner or the authorized
person in control of the property.
G. If the applicant is a charitable organization, copies of the documentation issued by the United States Internal Revenue Service, the Pennsylvania Department of State and/or the Pennsylvania Department of Revenue upon which the applicant bases its exception for the payment of a license fee pursuant to §
13-403, Subsection
2, of this Part.
[Ord. 1406-13, 1/14/2013]
1. As part of the license approval process and in consideration of the
public health, safety and welfare, the Borough shall approve any fixed
location or locations from which transient retail business shall be
conducted on streets, alleys, sidewalks or public property of the
Borough. Such locations approved by the Borough shall be set forth
on the license issued by the Borough under this Part.
2. During special events and at times of increased visitor activity
to the Borough and the surrounding area, including the Gettysburg
National Military Park, permitting several transient retail businesses
at one fixed location may be impractical and unsafe. As such, it may
be necessary for the Borough to make reasonable adjustments to the
locations requested in license applications.
3. To further ensure the public health, safety and welfare through the
regulation of transient retail business, the Borough may reasonably
restrict the location of transient retail business activity where
the concentrated gathering of such vendors at certain locations within
the Borough may create hazardous conditions, including but not limited
to excessive pedestrian traffic and impediments to movement on Borough
streets, alleys or sidewalks.
[Ord. 1406-13, 1/14/2013]
Within five business days of the receipt of a completed application
and any prescribed fee, the Borough, if it shall find such application
to be in order, shall issue the license required under this Part.
Such license shall contain the information required to be given on
the application therefor, to include any fixed locations from which
the authorized transient retail business shall be conducted. Every
license holder shall carry such license upon his or her person if
engaged in transient retail business from house to house or upon any
of the streets, alleys, sidewalks or public property of the Borough
or shall display such license at the location if engaged in transient
retail business at a fixed location.
[Ord. 1406-13, 1/14/2013]
No person in any transient retail business shall:
A. Sell any product or type of product not described in the license
application submitted to the Borough or referred to on the license
issued by the Borough.
B. Engage in any transient retail business activity at a location, a
time or in a manner not specifically permitted pursuant to the license
issued by the Borough.
C. When operating from a vehicle, stop or park such vehicle upon any
street or alley of the Borough in violation of the Pennsylvania Vehicle
Code or in violation of any Borough ordinance.
D. Remain at any location for a period longer than permitted pursuant
to the license issued by the Borough.
E. Engage in any transient retail business activity at any time before
7:00 a.m. or after 9:00 p.m. unless associated with and consistent
with permitted times of a special event which is held pursuant to
a special event permit issued by the Borough or by prior written approval
of the Borough where such transient retail business activity is not
associated with an event requiring a special event permit. Under this
section, transient retail business activity engaged in by a charitable
organization that takes place on private property owned by the organization
shall be prohibited only between 2:00 a.m. and 7:00 a.m.
F. Maintain any transient retail business related equipment, accessories
or vehicles on streets, alleys, sidewalks or public property of the
Borough between the hours of 9:00 p.m. and 7:00 a.m. unless associated
with and consistent with permitted times of a special event which
is held pursuant to a special event permit issued by the Borough or
by prior written approval of the Borough where such transient retail
business is not associated with an event requiring a special event
permit.
G. Conduct any transient retail business after suspension, revocation
or expiration of the license issued by the Borough.
H. Block or unreasonably impede vehicular or pedestrian traffic.
I. Extend any cord, hose, tube, rope or other transient retail business
related equipment or accessories across any street, alley or sidewalk
to block or unreasonably impede vehicular or pedestrian traffic.
J. Block or in any manner restrict the use of sidewalks and pedestrian
traffic thereon, including blockage of sidewalk curb cuts maintained
for access onto Borough streets, alleys or sidewalks.
K. Fail to pay any Borough-mandated fees or to procure any required
permits for use of metered parking spaces or for use of a fixed location
within the Borough.
[Ord. 1406-13, 1/14/2013]
Any signs used in the course of conducting a transient retail
business shall conform to the following:
A. There shall be not more than one sign for each transient retail business.
Double-faced signs, including signs that incorporate two sign faces
that are back-to-back and are not more than two feet from each other,
shall constitute one sign.
B. The sign shall not be placed on any street, alley, sidewalk or public
property of the Borough so as to impede pedestrian or vehicular traffic.
Any sign placed on private property, including sidewalks abutting
private property, shall require written permission from the property
owner or the authorized person in control of the property.
C. The sign shall not be internally lit.
[Ord. 1406-13, 1/14/2013]
The Borough is hereby authorized to deny, suspend or revoke
any license issued under this Part when such denial, suspension or
revocation is deemed for the protection of the public health, safety
or welfare, or for the violation of any provisions of this Part, or
for providing or giving any 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 Manager within 10 business
days after such suspension, revocation or denial. The Borough Manager
shall review the appeal and render a decision on the appeal within
10 business days of receipt of the appeal. No part of a license fee
shall be refunded to any person whose license shall have been suspended
or revoked.
[Ord. 1406-13, 1/14/2013]
Any person 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. Each day that a violation of this Part continues
shall constitute a separate offense.