[HISTORY: Adopted by the Borough Council of the Borough of
Kittanning 2-10-1970 by Ord. No.
138-1970 (Ch. XIII, Part 3, of the 1970 Code of
Ordinances). Amendments noted where applicable.]
A.
PERSON
TRANSIENT RETAIL BUSINESS
(1)
(2)
As used in this chapter, the following terms shall have the meanings
indicated:
Any natural person, association, partnership, firm or corporation.
Includes the following:
Engaging in peddling, canvassing, soliciting or taking orders,
either by sample or otherwise, upon any of the streets or alleys,
sidewalks or public grounds, or from house to house, within the Borough
of Kittanning; 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 special yearly holidays.
B.
In this chapter, the masculine shall include the feminine and the
neuter, the singular shall include the plural, and the plural shall
include the singular.
A.
No person shall engage in any transient retail business within the
Borough of Kittanning without first having obtained from the Mayor
a license, for which the following fee, which shall be for the use
of the Borough, shall be charged:
B.
Provided: No license fee shall be charged under this section: a)
to farmers selling their own produce; b) 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 c)
to any manufacturer or producer in the sale of bread and bakery products,
meat and meat products, or milk and milk products, but all persons
exempted hereby from payment of the license fee shall be required
to register with the Mayor and to obtain a license without fee. Provided
further: 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. Provided
further: the Mayor may similarly exempt from 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 be applicable to every such individual license.
Every person desiring a license under this chapter shall first
make application to the Mayor 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 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 and license
number of the vehicle to be used, if any.
[Amended 12-14-1976 by Ord. No. 218-1976]
Upon receipt of such application and the prescribed fee, the
Mayor, if he shall find such application in order, and if he shall
find that the issuance of the license will be in the best interests
of the residents of the Borough of Kittanning, shall issue the license
required under this chapter. Such license shall contain the information
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 at a fixed location.
He shall exhibit such license, upon request, to all police officers,
Borough officials and citizens or residents of the Borough. If aggrieved
by the Mayor's refusal to issue such license, the applicant may
appeal in writing to Borough Council within 10 days after such refusal,
or 30 days after filing his application, whichever is sooner, and
the Council shall thereupon afford him an opportunity for hearing,
after which hearing the Council may sustain the Mayor's refusal
or direct the Mayor to issue a license.
No person engaged 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;
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 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 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 any stock or wares or foodstuffs which have become unsalable through
handling, age or otherwise; or sell from a stand placed upon any street,
alley or sidewalk.
The Mayor shall supervise the activities of all persons holding
licenses under this chapter, and he shall keep a record of all licenses
issued hereunder, and shall make a report thereof each month to the
Borough Council.
The Mayor is hereby authorized to suspend any license issued
under this chapter when he deems such suspension to be beneficial
to the public health, safety or morals, or for violation of any of
the provisions of this chapter, 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 12-14-1976 by Ord. No. 217-1976; 4-10-1989 by Ord. No. 333-1989]
Any person who violates any provision of this chapter shall,
for every such violation, upon conviction, be sentenced to pay a fine
of not more than $600 and costs of prosecution, and, in default of
payment of fine and costs, to undergo imprisonment for not more than
30 days. Provided: Each day's violation of any provision of this
chapter shall constitute a separate offense.
