[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.
PERSON
TRANSIENT RETAIL BUSINESS
(1)
(2)
As used in this chapter, the following terms shall have the meanings
indicated:
Any natural person, partnership, association, firm or corporation.
Includes the following:
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
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.
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]
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.
