[HISTORY: Adopted by the City Council of the City of Lock
Haven 3-7-1977 by Ord. No. 20B (Ch. 13, Part 2, of the 2003 Code of Ordinances); amended
in its entirety 4-2-2018 by Ord.
No. 985. Subsequent amendments noted where applicable.]
A.
LEGAL HOLIDAY
PERSON
SALESPERSON
(1)
(2)
As used in this chapter, the following words and phrases shall have
the meaning ascribed to them herein:
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, purchasing, or taking orders,
either by sample or otherwise, for any goods, wares, merchandise or
services upon any street, alley, sidewalk or public ground, or from
house to house, within the City.
Selling, soliciting, purchasing or taking orders for any goods,
wares, services, or merchandise from a fixed location within the City,
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 in advance of specific
yearly holidays. Provided, "transient retail business" shall not include
any permanent business conducted from a fixed location in the City.
B.
The singular shall include the plural, the plural shall include the
singular, and the masculine shall include the feminine and the neuter.
A.
No person shall engage in any transient retail business within the
City of Lock Haven without first having obtained from the Chief of
Police a license, for which a fee, in an amount as established from
time to time by resolution of Council, which shall be for the use
of the City, shall be charged. Provided, 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.
(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 the seeking or taking of orders by insurance agents or brokers
licensed under the insurance laws of the Commonwealth of Pennsylvania.
(6)
To a person who has complied with the provisions of the Solicitation
of Funds for Charitable Purposes Act, 10 P.S. § 162.1 et
seq., as hereafter amended, supplemented, modified or reenacted by
the General Assembly of Pennsylvania.
(7)
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.
But all persons exempted hereby from the payment of the license fee
shall be required to register with the Chief of Police and obtain
a license without fee. Provided, further, any person dealing in one
or more of the above-mentioned exempted categories and 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 Chief of Police 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 license issued under the provisions of this
chapter 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
by applicable to every such individual license, except that a representative
of a charitable organization may obtain the licenses for the applicants
therein.
Every person desiring a license under this chapter shall first
make application to the Chief of Police 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 license from such state or county officer. The applicant shall
state:
A.
His criminal record, if any.
B.
The name and address of the person by whom he is employed.
C.
The type of goods, wares, merchandise or services he wishes to deal
with in such transient retail business.
D.
The length of time for which the license is to be issued.
E.
The type and license number of the vehicle to be used, if any.
Upon receipt of such application and the prescribed fee, the
Chief of Police, if he shall find such application in order, shall
issue the license required under this chapter. Such license shall
contain the information required to be given on the application therefor.
A license shall be required for every four sales persons who engage
in any of the activities hereunder within the City. 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,
City officials and citizens or residents of the City.
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 City, expecting municipal parking lots provided
that all fees are paid.
C.
When operating from a vehicle, stop or park such vehicle upon any
of the streets or alleys in the City for longer than necessary in
order to sell therefrom to persons residing in the immediate vicinity.
D.
Park any vehicle upon any of the streets or alleys in the City for
the purpose of sorting, rearranging or cleaning any of his goods,
wares or merchandise or of disposing of any carton, wrapping material
or of any stock or wares or foodstuffs which have become unsalable
through handling, age or otherwise.
E.
Engage in any business activity prohibited in the City by general
or special law applicable thereto.
F.
Engage in any house-to-house 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 8:00 p.m. on any day of the week other than a Sunday
or legal holiday.
The Chief of Police shall supervise the activities of all persons
holding licenses under this chapter; he shall keep a record of all
licenses issued hereunder and shall make a report thereof each month
to the City Council.
The Chief of Police is hereby authorized to suspend or revoke
any license issued under this chapter when he deems such suspension
or revocation to be beneficial to the public health, safety or morals,
for violation of any provision of this chapter or for giving false
information upon any application for a license hereunder. Appeals
from any suspension or revocation may be made to the City 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 chapter shall, upon conviction thereof, be sentenced to pay
a fine of not less than $50 and not more than $500 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 30 days. Each day that a violation of this chapter continues
shall constitute a separate offense.
