[Amended 3-24-1986 by Ord. No. 86-2]
This article shall be known as the "Borough Transient Retail Business Licensing Ordinance."
[HISTORY: Adopted by the Borough Council of the Borough of Lewistown as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-29-1969 by Ord. No. 69-5 (Ch. 13, Part 5, of the 1986 Code)]
[Amended 3-24-1986 by Ord. No. 86-2]
Unless the context specifically indicates otherwise, the meanings of the terms of this article shall be as follows. The word "shall" as used herein is mandatory and not merely directory.
The Borough of Lewistown.
Any person, firm, partnership, association, corporation, company or any organization of any kind.
Every person or firm, whether principal or agent or otherwise, entering into, commencing or doing or desiring to commence or enter into a transient retail business within the Borough of Lewistown for the sale of any goods, wares or merchandise, including works of art or photography, shall, before entering into such business, obtain a license from the Borough of Lewistown. This article shall apply to all such transient retail dealers, regardless of whether such business is conducted from vehicles, by house-to-house solicitation, by telephone, or from any storeroom, apartment, dwelling or building whatsoever, or from any other fixed position within said Borough.
The license from this Borough shall be obtained from the Borough Manager, with whom all such applications shall be made. The application shall be on a form prepared by said Borough Manager and shall contain the following information:
A.
Names. The name of the business, meaning the firm, corporation or person owning or operating such business, the name of the individual conducting or managing such business within the Borough, and the names of all persons, whether resident or not, participating in and assisting in the conducting of said business.
B.
Addresses. The addresses of all persons, firms or corporations referred to above, together with the address or location of any place of business or location within the Borough from which said business will be conducted.
C.
Other information. The age, weight, height, color and other descriptive information relative to each individual as referred to in this section.
D.
Nature of business. A complete and accurate description of the nature and type of the business to be conducted, including, but not limited to, the procedures and methods used in contacting and interesting potential customers, and also including the hours and days during which such business shall be conducted.
E.
A description of any vehicles used by any of the individuals referred to in this section, including make, license plate, name of registered owner, name and operator's number of any operators.
F.
Items for sale. A complete description of the goods, wares, merchandise or articles to be sold, including prices, deposits requested, and any contract, if any, to be offered to the general public for such purchases.
G.
Other information required or desired by the Borough Manager or by the Chief of Police or by the Council of this Borough.
A.
Upon receipt of such application, the same shall be referred to the Chief of Police, who shall cause such investigation of the applicant's business or organization and moral character to be made as he deems necessary for the protection of the public welfare.
B.
If as a result of such investigation the applicant's business or organization or moral character is found to be unsatisfactory, the Chief of Police shall endorse on such application his disapproval and his reasons for the same and return said application to the Borough Manager, who shall notify the applicant that no license will be issued.
C.
If as a result of such investigation the business or organization and moral character of the applicant are found to be satisfactory, the Chief of Police shall endorse on the application his approval and return said application to the Borough Manager, who shall execute and issue a license, provided that the Borough Manager shall have no knowledge or information of facts which warrant denial of said license; in which event he shall deny said license, endorsing his reasons for same on the application. The Borough Manager shall keep a permanent record of all applications made and licenses issued.
D.
Licenses issued under the terms of this article shall be either on a daily basis or on a thirty-day basis, and if issued on a thirty-day basis, shall expire at the end of the 30 days, subject to renewal upon the filing of a further application in accordance with the terms of this article.
[Amended 3-13-2017 by Ord. No. 2017-3]
The fee required to be paid to the Borough shall be adopted by separate resolution by the Borough Council of the Borough of Lewistown, and such may be amended from time to time by the Borough of Lewistown, which fee shall cover the administrative expenses of investigation of the applicant and the issuance of the license. This fee shall be deposited in the general fund of the Borough and shall not be returnable if the application is refused or if the license is revoked prior to its termination; provided, however, that nothing herein contained shall be construed to require the payment of any license fee by or for any of the following:
A.
Any person engaged in noncommercial dissemination of economic, political, health, cultural or religious information;
B.
Any person soliciting contributions or selling goods, wares and merchandise, the proceeds whereof are to be applied to any nonprofit, charitable, religious, patriotic or educational purpose;
C.
Any veteran exempted from the payment of license fees by the laws of the commonwealth;
D.
Any other person exempted by law from paying a license fee for doing the acts permitted a licensee hereunder; or
E.
Any person or persons soliciting or selling for a charitable purpose who shall be exempted from payment of same by resolution of Borough Council, after written application is made for same in accordance with this article.
Any transient retail dealer, whether firm, individual or otherwise, if such dealer uses advertising in any form whatever, shall, in addition to the aforesaid requirements, show, relate or otherwise describe accurately such advertisements to the Borough Manager prior to using such advertisements, and shall demonstrate to the satisfaction of the Manager that the proposed advertisements are not misleading, but are factual and accurate. In addition, any such advertisements, whether by radio, television, newspaper, handbills, or other visual or spoken form of advertisement, shall be truthful and concise and shall not be misleading to the general public.
All licenses issued for a thirty-day period shall expire 30 days from the date of issuance, subject to renewal by the filing of a new application as required by the terms hereof.
Issuance of licenses may be denied or licenses issued under the terms of this article may be revoked by the Borough Manager for any of the following causes:
A.
Fraud, misrepresentation, or false statement contained in the application for license;
B.
Fraud, misrepresentation or false statement made in the course of the licensee's business;
C.
Any violation of this article;
D.
Conviction of a crime involving moral turpitude; or
E.
Conduct of licensee in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
Any person aggrieved by the action of the Borough Manager in the denial of a license or in any decision with reference to the revocation of a license shall have the right of appeal to the Council of the Borough of Lewistown. Such appeal shall be taken within five days' notice of the action complained of has been mailed to such person's last address or otherwise placed in his possession by filing with the Council a written statement setting forth the grounds for the appeal. Borough Council shall set a time and place for a hearing on such appeal, which hearing shall be held not later than 30 days after the date of such filing. Borough Council may take whatever action with respect to the matter that it deems appropriate.
[Amended 9-22-1972 by Ord. No. 72-37(C); 3-24-1986 by Ord. No. 86-2]
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $300 and/or to imprisonment for a term not to exceed 90 days. Every day that a violation of this article continues shall constitute a separate offense.
The provisions of this article shall not apply to the following:
A.
Farmers who sell their own produce;
B.
Any manufacturer or producer in the sale of bakery products, meat products, or milk products, or similar food products such as ice water confections, or anyone who shall be engaged in the distribution of newspapers;
C.
Any salesman who solicits from wholesale and retail dealers within the Borough of Lewistown; and
D.
Any salesman duly authorized to represent an insurance company which is properly authorized and licensed to do business within the Commonwealth of Pennsylvania.