[HISTORY: Adopted by the Borough Council of the Borough of
Collingdale as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Garage sales; sidewalk sales — See Ch. 433.
[Adopted 5-1-1950 by Ord. No. 275; amended in its entirety 10-5-1987 by Ord. No.
568 (Ch. 13, Part 4, of the 1987 Code of Ordinances)]
A.
LEGAL HOLIDAY
PERSON
TRANSIENT RETAIL BUSINESS
(1)
(2)
As used in this article, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
New Year's Day, Memorial Day, Independence Day, Labor
Day, Thanksgiving Day and Christmas.
Any natural person, partnership, association, corporation
or other legal entity.
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 within
the Borough; or
Selling, soliciting or taking orders for any goods, wares or
merchandise from a fixed location within the Borough 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 or in advance of specific 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 retail business within
the Borough without first having obtained from the Borough Manager
a license, for which a fee for the use of the Borough shall be charged,
as follows.
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.
(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 1867, April 8, P.L. 50, 60 P.S. § 61
(1982), as hereafter amended, supplemented, modified or reenacted
by the General Assembly of Pennsylvania, and who procures from the
Prothonotary a certificate in pursuance of the Act of 1867.[1]
[1]
Editor's Note: License exemption for veterans, 60 P.S. §§
61 and 62, was repealed Nov. 24, 1992, by P.L. 717, No. 108, §
3.
(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 any person who has complied with the provisions of the Solicitation
of Charitable Funds Act, August 9, 1963, P.L. 628, 10 P.S. § 160-1
et seq. (1982), as hereafter amended, supplemented, modified or reenacted
by the General Assembly of Pennsylvania.[2]
[2]
Editor's Note: The statute has undergone several amendments
and repeal; see now 10 P.S. § 162.1 et seq., the Solicitation
of Funds for Charitable Purposes Act.
(8)
For taking orders for merchandise, by sample, from dealers or merchants
for individuals or companies who pay a license or business privilege
tax at their chief place of business.
B.
All persons exempted hereby from the payment of the license fee shall
be required to register with the Borough Manager and obtain a license
without fee, provided any person dealing in one or more of the above-mentioned
exempted categories and also 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, the Borough Manager 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 any nonprofit corporation; provided, further, 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 therein.
Every person desiring a license under this article shall first
make application to the Borough Manager for such license. 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.
Name and address of the person by whom he is employed.
C.
Type of goods, wares and merchandise he wishes to deal with in such
transient retail business.
D.
Length of time for which the license is to be issued.
E.
Type and license number of the vehicle to be used, if any.
Upon receipt of such application and the prescribed fee, the
Borough Manager, 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.
No person in any transient retail business shall:
A.
Sell any product or type of product not mentioned in his license.
B.
Hawk or cry his wares upon any of the streets, alleys, sidewalks
or public grounds in the Borough.
C.
When operating from a vehicle, stop or park such vehicle upon any
of the streets or alleys in the Borough for longer than necessary
in order to sell therefrom to persons residing or working in the immediate
vicinity.
D.
Park any vehicle upon any of the streets or alleys in the Borough
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, at
any time on a Sunday or legal holiday or at any time before 9:00 a.m.
or after 10:00 p.m. on any day of the week other than a Sunday or
legal holiday.
The Borough Manager 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.
The Borough Manager is hereby authorized to suspend or revoke
any license issued under this article when he deems such suspension
or revocation to be beneficial to the public health, safety or morals;
for violation of any provision of this article; or for giving false
information upon any application for a license hereunder. Appeals
from any suspension or revocation may be made to the Borough Council
at any time within 10 days after such suspension or revocation. No
part of a license fee shall be refunded to any person whose license
shall have been suspended or revoked.
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 not more than
90 days. Each day that a violation of this article continues shall
constitute a separate offense.
