[Ord. 447, 2/10/1969]
1. 
Definitions. As used in this Part, the following terms shall have the meanings indicated:
DOOR-TO-DOOR SALES
Selling, peddling, or taking orders for, either by sample or otherwise, any goods, wares, or merchandise by going from house to house within the Borough of Oxford.
[Added by Ord. 892, 1/18/2016]
PERSON
Any natural person, association, partnership, firm or corporation.
TRANSIENT RETAIL BUSINESS
Selling, soliciting, or taking orders for any goods, wares, or merchandise from a fixed location within the Borough upon a temporary basis, exclusive of outdoor sales conducted on or in front of a permanent business by the operator of that business.
[Added by Ord. 892, 1/18/2016]
2. 
Word usage. In this Part, the masculine shall include the feminine and the neuter, the singular shall include the plural and the plural shall include the singular.
[Ord. 892, 1/18/2016]
1. 
Except as provided in Subsections 2 and 3 below, door-to-door sales, as defined in § 13-101, shall be prohibited.
2. 
Fundraising activities for any organization registered with the Pennsylvania Secretary of State as a § 501(c)(3) corporation for religious, charitable, educational, or other purposes as allowed under the IRS Code shall be permitted. No license or fee shall be required for such activities.
3. 
Fundraising activities for school and youth organizations, and the like, shall be permitted. No license or fee shall be required for such activities.
[Ord. 447, 2/10/1969; as amended by Ord. 636, 5/23/1989, § 1-6; by Ord. 892, 1/18/2016; and by Ord. 898, 9/19/2016]
1. 
A transient retail business, as defined in § 13-101, shall be conducted only in accordance with the terms of this section. Except as provided in Subsections 2, 3, and 4 below, no transient retail business may operate without a permit issued by the Code Enforcement Office and the payment of the required fee. Such fee shall be in an amount set out in a schedule of fees as established and revised from time to time by resolution of Borough Council.
[Amended by Ord. No. 923-2019, 4/15/2019]
2. 
Where a transient retail business is to be conducted as part of a special event, as defined and governed under Part 2 of this chapter, and the special event sponsor is an organization registered with the Pennsylvania Secretary of State as a § 501(c)(3) corporation for religious, charitable, educational, or other purposes as allowed under the IRS Code, the sponsoring organization may apply for the transient retail business permit and may collect and retain the permit fee for its own purposes. In such case, no other individual transient retail business permit or fee shall be required.
3. 
The sponsor of the following types of events, not governed by Part 2 of this chapter, shall apply for a transient retail business permit and pay the associated fee where one or more transient retail businesses will operate as part of the event:
A. 
Any gathering under control of any public school under the auspices of the Pennsylvania Department of Public Education;
B. 
Any gathering or event sponsored by a duly authorized governmental entity other than the Borough;
C. 
Any event sponsored and conducted by the Union Fire Company;
D. 
Special celebrations or gatherings, seasonal or holiday events that are not governed under the terms of Part 2 of this chapter.
4. 
The following shall register with the Code Enforcement Office prior to undertaking their activity, but shall be exempt from the permit and fee requirements of this section:
[Amended by Ord. No. 923-2019, 4/15/2019]
A. 
Farmers selling their own produce;
B. 
The sale of goods, wares, or merchandise donated by the owners thereof, the proceeds from which are to be applied to any charitable or philanthropic purpose;
C. 
Any organization registered with the Pennsylvania Secretary of State as a § 501(c)(3) corporation for religious, charitable, educational, or other purposes as allowed under the IRS Code;
5. 
A transient retail business shall be limited to a maximum of 24 days of operation during any twelve-month period.
6. 
A permit issued to a transient retail business shall remain valid for a period of 12 months from the date of issuance.
7. 
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 that person's activities in connection with the sale of goods, wares, and merchandise not in such exempted categories.
[Amended by Ord. No. 923-2019, 4/15/2019]
8. 
[1]Every license issued under the provisions of this Part shall be issued to the entity engaging in such business; every entity shall obtain a separate license, issued in that entity's name, and the license fee hereby imposed shall be applicable to each license issued for a specific location.
[Amended by Ord. No. 923-2019, 4/15/2019]
[1]
Editor's Note: Former Subsection 8, regarding mayoral approval, was repealed 4/15/2019 by Ord. No. 923-2019.
[Ord. 447, 2/10/1969; as amended by Ord. No. 923-2019, 4/15/2019]
Every person desiring a license under this Part shall first make application to the Code Enforcement Office for such license. If such person shall also be required to obtain a license from any state or county officer, that person shall, when making such application, exhibit a valid license from such state or county officer. The applicant shall provide: name and address; previous criminal record, if any; the name of the person by whom the applicant is employed, if any; the type of goods, wares, and merchandise to be dealt with in such transient retail business; the length of time for which the applicant wishes to be licensed; the type of vehicle to be used, if any; the number of helpers to be involved, if any; the place or places where the applicant was engaged in transient retail business or other business immediately prior to such application; and the place or places where the applicant proposes to engage in transient retail business in the Borough of Oxford.
[Ord. 447, 2/10/1969; as amended by Ord. No. 923-2019, 4/15/2019]
Upon receipt of the application and prescribed fee, the Code Enforcement Office, upon finding such application to be in order, and except as otherwise herein provided, shall issue the license for transient retail business. Such license shall contain the information required to be given on the application therefor. Every license holder shall carry such license if engaged in a transient retail business without a fixed location or shall display such license at any fixed location where the business is to operate. The license holder shall exhibit such license, upon request, to all police officers, Borough officials, and citizens or residents of the Borough.
[Ord. 447, 2/10/1969; as amended by Ord. No. 923-2019, 4/15/2019]
1. 
No person engaged in any transient retail business shall:
A. 
Sell any product or type of product not mentioned in the applicable license.
B. 
Transfer the applicable license to any other person.
C. 
Engage in a transient retail business or attempt to do so under a license issued to another person.
D. 
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 in the immediate vicinity.
E. 
Park any vehicle on any street or alley in the Borough for the purpose of sorting, rearranging, or cleaning any 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.
[Ord. 447, 2/10/1969; as amended by Ord. No. 923-2019, 4/15/2019]
The Code Enforcement Office may suspend or refuse a license under this Part when such action is deemed to be beneficial to the public health and safety or for violation of any of the provisions of this Part or for giving false information on any application for a license hereunder. In the event that any such license shall be suspended, the person to whom the license has been issued shall immediately surrender such license to the Code Enforcement Office and cease to engage in such transient retail business within the Borough. Any person failing or refusing to surrender such license and any person continuing to engage in a transient retail business after the suspension of such license shall be guilty of violation of this Part.
[Ord. 447, 2/10/1969; as amended by Ord. No. 923-2019, 4/15/2019]
Any person aggrieved by the action of the Code Enforcement Office in refusing or suspending a license under this Part may appeal in writing to the Borough Council for a hearing with respect to such refusal or suspension. Thereupon, the Borough Council shall hold such hearing and take action with respect thereto as it shall deem appropriate.
[Ord. 447, 2/10/1969]
1. 
Licenses issued under this Part may be revoked by the Borough Council, after notice and hearing, for any of the following reasons:
A. 
Fraud, misrepresentation or false statement contained in the application for such license.
B. 
Fraud, misrepresentation or false statement made in the conduct of such transient retail business.
C. 
Any violation of this Part.
D. 
Conducting the transient retail business in an unlawful manner or in such manner as to constitute a breach of the peace or a menace to the health, safety, or general welfare of the community.
[Amended by Ord. No. 923-2019, 4/15/2019[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection 1D, regarding crimes involving moral turpitude, and renumbered former Subsection 1E as Subsection 1D.
2. 
Notice of a hearing for revocation of a license shall be given to the license holder in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be sent by certified mail, return receipt requested, to the holder of the license at said license holder's last known address at leave five days prior to the date set for the hearing.
[Amended by Ord. No. 923-2019, 4/15/2019]
[Ord. 447, 2/10/1969; as amended by Ord. 636, 5/23/1989, § 1-6; and by Ord. 810, 12/17/2007]
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof, shall be sentenced to pay a fine of not more than $1,000 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 Part continues shall constitute a separate offense.