[HISTORY: Adopted by the Borough Council of the Borough of
Mount Gretna 4-14-2014 by Ord.
No. 196.[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 130,
Peddling and Soliciting, adopted 1-25-1974 by Ord. No. 98, as amended.
As used in this chapter, the following terms shall have the
meanings indicated:
A license issued in accordance with the provisions of this
chapter.
Engaging in any of the activities which constitute a "transient
retail business" as that term is defined in this chapter.
Any individual, joint venture, association, partnership,
trust, corporation or other legal entity.
Engaging in any of the activities which constitute a "transient
retail business," as that term is defined in this chapter.
The entire width of the right-of-way of any street, road,
highway or alley, including, without limitation, any sidewalk within
the right-of-way of the same.
The following:
Engaging in peddling, selling, canvassing, soliciting, or taking
orders, either by sample or otherwise, for money, donations of any
kind, any services, goods, wares or merchandise, within the right-of-way
of or upon any street, alley, sidewalk or public place, or from house
to house, within the Borough;
Selling, soliciting or taking orders for any services, goods,
wares, or merchandise, from a fixed location within the Borough, on
a temporary basis, which shall include, but shall not be limited to,
activities conducted in connection with special occasions or celebrations,
for seasonal purposes or for, or in advance of, holidays.
A.
License required. No person shall engage in any transient retail
business within the Borough without first having obtained a license
from the Mount Gretna Borough Secretary, Chief of Police, or their
designee.
B.
Fee. Each application for a license shall require the payment of
a fee of not less than $25, as may be set from time to time by resolution,
which shall be for the general use of the Borough.
C.
Exemptions. No license shall be required for:
(1)
Farmers selling their own produce.
(2)
The sale of goods, wares and merchandise by their owners on property
owned or leased by them, which are commonly referred to as "yard sales."
(3)
The sale of goods, wares and merchandise, donated by their owners,
and the proceeds from the sale of which are to be applied to any charitable
or philanthropic purpose (but in no event to a political party or
an organization which seeks to affect legislation).
(4)
Any person engaged in door-to-door political or religious canvassing,
or distributing political or religious handbills, shall be exempt
from the license requirements of this chapter. All such persons, however,
shall carry photo identification issued by a state or the federal
government, such as a driver's license, upon his or her person
at all times and shall exhibit it upon request of any person to whom
the person is attempting to peddle or solicit.
D.
Waiver. The application and license requirements of this chapter
may be waived by the Mount Gretna Borough Council for persons working
on behalf of charitable organizations, such as volunteer fire companies,
churches, civic and service organizations, athletic organizations
and the like; provided, however, that any person notifies the Borough,
in writing, and in advance of the dates any soliciting or peddling
will take place within the Borough.
E.
Additional licensure. Any person who is required to register with
the Commonwealth of Pennsylvania or Lebanon County in connection with
peddling or soliciting for any charitable organization shall obtain
and carry proof of this registration upon his or her person at all
times and shall exhibit it upon request of the Borough and any person
to whom the person is attempting to solicit or peddle.
A.
Application; contents.
(1)
Every person required to obtain a license under this chapter shall
make application for the license to the Borough Secretary, Chief of
Police, or their designee. The applicant shall provide all of the
following information:
(a)
Name and address;
(b)
Phone number;
(c)
Whether the applicant has a criminal record;
(d)
Whether the applicant has an arrest warrant outstanding in any
jurisdiction;
(e)
The name and address of the applicant's employer or entity
the applicant is representing;
(f)
The nature of the services, goods, wares, or merchandise that
are intended to be peddled or the use to which funds solicited shall
be put;
(g)
The period of time the applicant intends to peddle or solicit;
(h)
The make and model of the vehicle the applicant intends to use,
if any;
(i)
The license numbers of the applicant's vehicle;
(j)
The place where the applicant was engaged in peddling or soliciting
immediately prior to filing the application, if any; and
(k)
The place where the applicant intends to go after completion
of the peddling or soliciting in the Borough.
B.
Other license. If the person shall also be required to obtain a license
from any state or county officer, he shall, when making the application,
exhibit a valid license from the state or county officer.
C.
Procedure. The license shall be issued or denied within 10 calendar
days of receipt of all of the information set forth herein and the
full application fee. If the application is not denied within this
time frame, then it shall be deemed to have been approved. If the
applicant has been convicted of, or has charges pending against him
for, a felony or a crime involving theft or forgery, including all
crimes enumerated in Chapter 39 of the Pennsylvania Crimes Code, titled
Theft and Related Offenses, 18 Pa.C.S.A. §§ 3901 to
3934 or Chapter 41 of the Pennsylvania Crimes Code, captioned Forgery
and Fraudulent Practices, 18 Pa.C.S.A. §§ 4101 to 4120,
or an equivalent law from another jurisdiction, has an arrest warrant
outstanding in any jurisdiction, the information in the application
is false or misleading, or the applicant would present a threat of
harm or danger to citizens of the Borough, then the application shall
be denied.
D.
Suspension, revocation; appeal. The Borough is authorized to suspend
or revoke a license issued under this chapter for any violation of
any of the provisions of this chapter or for giving false or misleading
information upon any application for a license. Appeals from any denial,
suspension or revocation may be made to the Mount Gretna Borough Council
at any time within 30 days after the suspension, revocation or refusal.
There shall be no cost for the appeal, which shall be heard at the
next regularly scheduled meeting of the Borough Council. No part of
a license fee shall be refunded to any person whose license has been
suspended or revoked or to whom a license has not been issued.
E.
Duration. Unless requested for a lesser period of time by the applicant,
all licenses shall be valid for 90 days from the date of issuance.
F.
No transfer. Every license shall be issued on an individual basis;
no license shall be transferable from one person to another.
Every license holder shall carry the license upon his or her
person and shall exhibit the license, upon request, to all police
officers, Borough officials and citizens or residents of the Borough
to whom the license holder attempts to peddle or solicit.
No person shall:
A.
Engage in a transient retail business without a license.
B.
Furnish false or misleading information in connection with the application
for a license.
C.
Peddle or solicit any good or service not disclosed in the application
for a license.
D.
Use any loud speaker or horn while engaged in a transient retail
business.
E.
Stop or park a vehicle upon any street while engaged in a transient
retail business for longer than necessary in order to sell from the
vehicle to persons in the immediate vicinity.
F.
Occupy any fixed location upon any street in the Borough while engaged
in a transient retail business with or without a stand or counter.
G.
Engage in any house-to-house peddling or soliciting at any time on
a Sunday or state or federal holiday, or on any other day of the week
before 9:00 a.m. or after 5:00 p.m., prevailing time, except by prior
appointment with the owner or occupant of any property.
The Borough shall keep a record of all licenses issued under
this chapter and provide a list of all such licenses issued to the
Police Department, which shall monitor the activities of all license
holders.
Any person who is the owner or lawful occupant of private property
within the Borough may prohibit the practice of going in or upon the
private property of such owner or occupant by anyone engaged in a
transient retail business by posting upon such property a sign which
reads "No Peddling or Soliciting," or substantially similar language,
in a location which is reasonably visible to persons who intend to
enter upon such property.
Any person engaged in a transient retail business is prohibited
from entering upon any property that is posted with a "No Peddling
or Soliciting" sign and may be prosecuted for trespassing. If such
a sign is posted, the peddler or solicitor, whether or not licensed
in accordance with this chapter, shall immediately and peacefully
depart from the property.
The practice or custom of going in and upon private property
in the Borough by persons engaged in a transient retail business,
regardless of whether they hold a valid license under this chapter,
not having been requested or invited to do so by the owner or occupant
of that private property, for the purpose of soliciting orders for
the sale of services, goods, wares or merchandise, or of disposing,
peddling or hawking services, goods, wares or merchandise, is declared
to be a nuisance and also a violation of this chapter.
Any person, firm or corporation who shall violate any provision
of this chapter, upon conviction thereof, shall be subject to a penalty
of a fine of not less than $50 nor more than $600, plus costs. Each
day's violation shall constitute a separate offense. Any suit
for financial penalty brought by or on behalf of Mount Gretna Borough
against a person who violates this chapter shall in no way constitute
an election of remedies, and the Borough, and any other person having
a cause of action against the person violating this chapter shall
be entitled to pursue any such remedies against the violator as provided
by law or equity.
