[HISTORY: Adopted by the Borough Council of the Borough of Tamaqua as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-13-1971 by Ord. No. 304(21) (Ch. XV of the 1971 Code of Ordinances)]
A. 
As used in this chapter, the following terms shall have the meanings indicated:
PERSON
Any natural person, partnership, association, firm or corporation.
TRANSIENT RETAIL BUSINESS
Includes the following:
(1) 
Engaging in peddling, canvassing, soliciting or taking orders, either by sample or otherwise, for any goods, wares or merchandise, upon any of the streets or alleys, sidewalks or public grounds, or from house to house, within the Borough of Tamaqua; and
(2) 
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 shall 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. 
In this article, the masculine shall include the feminine and the neuter, the singular shall include the plural and the plural shall include the singular.
[Amended 2-2-1999 by Ord. No. 516; 8-6-2002 by Ord. No. 555]
A. 
No person shall engage in any transient retail business within the Borough of Tamaqua without first having obtained from the Borough Manager a license, for which a fee as set from time to time by resolution of Borough Council, which shall be for the use of the Borough, shall be charged.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
No license fee shall be charged under this section:
(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; or
(3) 
To any manufacturer or producer in the sale of milk or milk products, bread and bakery products, or meat and meat products.
But all persons exempted by Subsection B(1) and/or (2) hereof from payment of the license fee shall be required to register with the Borough Manager and to obtain a license without fee.
C. 
Any person dealing in one or more of the hereinabove-mentioned exempted categories, and selling 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.
D. 
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 a nonprofit corporation.
E. 
Every license issued under the provisions of this article shall be issued on an individual basis to 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 license.
F. 
This article shall not apply to a person or individual that is merely proselytizing for either religious or political purposes, distributing religious or political handbills at no cost, or exercising the right to anonymous religious or political speech without soliciting any funds and without selling any goods or soliciting for contributions.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[Added 8-6-2002 by Ord. No. 555]
No tattoo and/or body piercing establishment as defined by any ordinance hereinafter enacted shall be eligible for a transient retail business license pursuant to the terms of this article.[1]
[1]
Editor's Note: See Ch. 299, Tattooing and Body Piercing Establishments.
Every person desiring a license under this article shall first make application to the Borough Manager for such license. If such person shall also be required to obtain a license from any state or county officer, he shall, when making such application, exhibit a valid state or county license. In such application, such person shall give his name and address; his previous criminal record, if any; the name of the person by whom he is employed; the type of goods, wares and merchandise he wishes to deal with in such transient retail business; the length of time for which such license is to be issued; and the type of 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 a 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 from a fixed location. He shall exhibit such license, upon request, to all police officers, Borough officials and citizens or residents of the Borough.
No person engaged in any transient retail business shall:
A. 
Sell any product or type of product not mentioned in the license;
B. 
Hawk or cry his wares upon any of the streets, alleys, sidewalks or public grounds in the Borough;
C. 
When selling from a vehicle, stop or park such vehicle upon any of the streets or alleys in the Borough, for longer than necessary to sell therefrom to persons residing in the vicinity of such parked vehicle;
D. 
Park any vehicle upon any street or alley in the Borough for the purpose of sorting, rearranging or cleaning any of his goods, wares or merchandise or of disposing of any carton or wrapping material or of any stock or wares or foodstuffs which shall have become unsalable through handling, age or otherwise.
The Borough Manager shall supervise the activities of all persons holding licenses under this article, and he shall keep a record of all licenses issued hereunder, and shall make a report thereof each month to the Borough Council.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Manager is hereby authorized to suspend any license issued under this article when he deems such suspension to be beneficial to the public health, safety or morals, or for violation of any provision of this article, or for giving false information upon any application for a license hereunder. Appeals from any suspension may be made to the Borough Council at any time within 10 days after such suspension. No part of a license fee shall be refunded to any person whose license shall have been suspended.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this article shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of Schuylkill County.