[Ord. 544, 7/17/1970, § 1]
1.
The term "transient retail business," as used in this Part shall
mean and include the following:
A.
Engaging in peddling, canvassing, soliciting and 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 Shillington; and
B.
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.
2.
The word "person," as used in this Part, shall mean any natural person,
association, partnership, firm or corporation.
3.
In this Part, the singular shall include the plural, the plural shall
include the singular, and the masculine shall include the feminine
and the neuter.
[Ord. 544, 7/17/1970, § 2; as amended by Ord. 682,
5/8/1980, § 1; and by Ord. 1025, 10/14/2004]
1.
No person shall engage in any transient retail business within the
Borough of Shillington without first having obtained from the Borough
Secretary a license, for which a fee, which shall be for the use of
the Borough, shall be charged; said fee to be established from time
to time by resolution of Borough Council.
2.
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 owner thereof, the proceeds whereof
are to be applied to any charitable or philanthropic purpose; (C)
to any manufacturer or producer in the sale of bread and bakery products,
meat and meat products, or milk or milk products; (D) to any individual
employed by or representing a public utility, church, Borough civic
association or school (or component part thereof) within the Governor
Mifflin Jointure. Provided further: any person 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 required by this section for his activities in
connection with the sale of goods, wares and merchandise not in such
exempted categories. Provided further: every license issued under
the provisions of this Part 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.
[Ord. 544, 7/17/1970, § 3; as amended by Ord. 682,
5/6/1980, § 2; and by Ord. 1025, 10/14/2004]
1.
Every individual desiring a license under this Part shall file with
the Borough Secretary a sworn application in writing on a form to
be furnished by the Borough Secretary, which shall give the following
information:
A.
Name and description of the applicant.
B.
Address (legal and local).
C.
A brief description of the nature of the business and the goods,
wares and merchandise to be sold, and, in the case of products of
farm or orchard, whether produced or grown by the applicant.
D.
If employed, the name and address of the employer, together with
credentials establishing the exact relationship.
E.
The length of time for which such license is desired.
F.
If a vehicle is to be used, a description of the same, together with
license number or other means of identification.
G.
A photograph of the applicant, taken within 60 days immediately prior
to the date of filing of the application, which photograph shall be
two inches by two inches, showing the head and shoulders of the applicant
in a clear and distinguishing manner as the applicant currently appears.
H.
A statement as to whether the applicant has been convicted of any
crime, misdemeanor or violation of any municipal ordinance, the nature
of the offense and the punishment or penalty imposed therefor.
2.
At the time of filing the application, a fee, in an amount as established
by resolution of Borough Council, shall be paid to the Borough Secretary,
for the use of the Borough, to cover the cost of investigation.
[Ord. 544, 7/17/1970, § 4]
Upon receipt of the application it shall be referred to a police
officer of the Borough who shall cause such an investigation to be
made of the applicant's business and moral character as he shall
deem necessary for the protection of the public good. If, as a result
of such investigation, the applicant's character or business
responsibility shall be found to be unsatisfactory, the police officer
shall endorse on such application his disapproval, and his reasons
for the same and shall return such application to the Borough Secretary,
who shall notify the applicant that his application has been disapproved
and that no license will be issued to him. If, as the result of such
application, the character and business responsibility of the applicant
shall be found to be satisfactory, the police officer shall endorse
on the application his approval and a license shall be issued to the
applicant upon his paying the prescribed license fee.
[Ord. 544, 7/17/1970, § 5]
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. No license issued under this Part shall
be used or displayed by any person other than the one to whom it was
issued.
[Ord. 544, 7/17/1970, § 6]
1.
No person engaged in any transient retail business shall:
A.
Sell any product or type of product not mentioned on his license.
B.
Hawk or cry his wares upon any street, alley, sidewalk or public
place in the Borough; or use any sound device, including any loud
speaker or sound-amplifying device upon any street, alley, sidewalk
or public place, or upon any private premises where sound of sufficient
volume is emitted or produced therefrom to be capable of being plainly
heard upon any street, alley, sidewalk or public place, for the purpose
of attracting attention to any goods, wares or merchandise that he
proposes to sell.
C.
When selling from a vehicle, stop or park such vehicle upon any street
or alley for longer than necessary in order to sell therefrom to persons
residing or working in the immediate vicinity.
[Ord. 544, 7/17/1970, § 7]
No person engaged in a transient retail business shall have
any exclusive right to any location on any of the streets, alleys
or sidewalks in the Borough; nor shall any person be permitted a stationary
location; nor shall any person be permitted to operate in a congested
area where his operations might impede traffic or inconvenience the
public. For the purpose of this section, the judgment of a police
officer, exercised in good faith, shall be deemed conclusive as to
whether the area is congested or the traffic impeded or the public
inconvenienced.
[Ord. 544, 7/17/1970, § 8]
It shall be the duty of any police officer of the Borough of
Shillington to require any person referred to in this Part, and who
is not known to such police officer to be duly licensed, to produce
the appropriate license and to enforce the provisions of this Part
against any person found to be violating the same.
[Ord. 544, 7/17/1970, § 9]
The Chief of Police shall report to the Borough Secretary all
convictions for violation of this Part and the Borough Secretary shall
maintain a record for each license issued, and record the reports
of violation thereof.
[Ord. 544, 7/17/1970, § 10]
1.
Licenses issued under the provisions of this Part may be revoked
by the Borough Secretary after notice and hearing for any of the following
causes:
A.
Fraud, misrepresentation or false statement contained in the application
for license.
B.
Fraud, misrepresentation or false statement made in the course of
carrying on such licensed business.
C.
Any violation of this Part.
D.
Conviction any crime or misdemeanor involving moral turpitude.
E.
Conduct of the business in an unlawful manner or in such a manner
as to constitute a menace to the health, safety or general welfare
of the Borough.
2.
Notice of the hearing for revocation of a license shall be given
in writing, setting forth specifically the grounds of complaint and
the time and place of the hearing. Such notice shall be mailed, postage
prepaid, to the license holder at the address set forth in the application
at least five days prior to the date set for the hearing.
[Ord. 544, 7/17/1970, § 11]
Any person aggrieved by the action of the Borough Secretary in the denial of an application for license as provided in § 13-404 of this Part, or in a decision with reference to the revocation of a license as provided in § 13-410 of this Part, shall have the right of appeal to the Borough Council. Such appeal shall be taken by filing with the Council, within 10 days after notice of the action complained of shall have been mailed to such person's last known address, a written statement setting forth grounds for the appeal. The Council shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant in the same manner as provided in § 13-410 of this Part for notice of hearing on revocation. The decision and order of the Council on such appeal shall be final and conclusive.
[Ord. 544, 7/17/1970, § 10]
All annual licenses issued under this Part shall expire on the
31st day of December of the year when issued. Other than annual licenses
shall expire on the date specified on the license.
[Ord. 544, 7/17/1970, § 11; as amended by Ord.
1025, 10/14/2004]
Any person who shall violate any provision of this Part shall,
upon conviction thereof, be sentenced to pay a fine not exceeding
$1,000 plus costs and, in default of payment thereof, shall be subject
to imprisonment for a term not to exceed 30 days. Each day that a
violation of this Part continues shall constitute a separate offense.
