[Ord. 2006-5, 7/10/2006, § 50-1]
As used in this Part, the following terms shall have the meanings indicated:
CODE ENFORCEMENT OFFICER
The Borough's Code Enforcement Officer, Assistant Code Enforcement Officer, Associate Code Enforcement Officer, or any other duly charged employee of the Borough.
LEGAL HOLIDAY
New Year's Day, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas Eve, Christmas, New Year's Eve.
PERSON
Any natural person, partnership, association, corporation or other legal entity.
TRANSIENT MERCHANT
(1) 
Engaging in peddling, soliciting, or taking orders, either by sample or otherwise, for any goods, wares, merchandise or services upon any street, alley, sidewalk or public ground from house to house within the Borough of Forty Fort.
(2) 
Selling, soliciting or taking orders for any goods, wares, merchandise or services, from a fixed location within the Borough of Forty Fort, on a temporary basis, which shall include but 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.
TRANSIENT RETAIL BUSINESS
Any person engaging in the activities commonly referred to as "transient merchant" or "itinerant vendor" who merchandises or sells with the intent to close out or discontinue such business within a period of three months from the date of commencement and who occupies a room, building, tent, lot or other premises for the purpose of selling merchandise or services.
The singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and the neuter, and vice versa.
[Ord. 2006-5, 7/10/2006, § 50-2]
1. 
No person shall engage in any transient retail business or transient merchant business within the Borough of Forty Fort without first having obtained from the Code Enforcement Officer, or any other duly charged employee of the Borough, a license for which a fee shall be charged for the use of the Borough as specified in § 13-109.
2. 
No person who is employed by, working for, soliciting for on behalf of, who is an independent contractor for or on behalf of any transient retail business or transient merchant business shall solicit within the Borough of Forty Fort without first having obtained from the Code Enforcement Officer, or any other duly charged employee of the Borough, a license for which a fee shall be charged for the use of the Borough as specified in § 13-109, Subsection 3, under the heading "Solicitor."
[Ord. 2006-5, 7/10/2006, § 50-3; as amended by Ord. 2009-8, 12/7/2009]
1. 
No license fee shall be charged for the following:
A. 
To farmers selling their own produce.
B. 
For the sale of goods, wares, merchandise and/or services donated by the owners thereof, the complete proceeds whereof are to be applied to any charitable or philanthropic purpose.
C. 
To children under the age of 18 years of age who take orders for and deliver newspapers, greeting cards, candy, bakery products and the like or who represent the Boy Scouts, Girl Scouts or similar organizations.
D. 
Solicitation of Funds for Charitable Purposes Act, 10 P.S. § 162.1 et seq., hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania.
E. 
For taking orders for merchandise or services, by sample, from dealers or merchants for individuals or companies who pay a mercantile or business privilege tax to the Borough of Forty Fort.
2. 
All persons exempted hereby from the payment of the license fee shall be required to register with the Code Enforcement Officer and obtain a license without fee, provided that 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 for the sale of goods, wares, merchandise, and services not in such exempted categories; provided, further, the Code Enforcement Officer may similarly exempt from payment of the license fee, but not from registering with him, persons working without compensation and selling goods, wares, merchandise or services for the sole benefit of any nonprofit corporation. Every license issued under the provisions of this Part shall be issued on an individual basis to any person 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, except that a representative of a charitable organization may obtain licenses for the applicants therein.
[Ord. 2006-5, 7/10/2006, § 50-4]
1. 
Every person desiring a license under this Part shall first make application to the Code Enforcement Officer for such license. He shall, when making such application, exhibit a valid license from any state or county officer.
2. 
The applicant shall state:
A. 
Name and address.
B. 
Phone numbers.
C. 
Date of birth.
D. 
Social Security number.
E. 
Criminal record, if any.
F. 
Name and address of the person by whom he is employed.
G. 
Type of goods, wares, merchandise and services he wishes to deal.
H. 
Length of time license is to be issued.
I. 
Make, model and license number of vehicle to be used, if any.
J. 
The location to be utilized, if a fixed location.
3. 
The applicant shall provide:
A. 
A valid photo ID or driver's license.
B. 
A Social Security card.
C. 
The names, addresses and telephone numbers of two reputable citizens who will vouch for the applicant's good character.
4. 
The applicant shall submit to taking a photograph by an employee or an agent of the Borough prior to the issuance of any license if so requested by the Code Enforcement Officer.
[Ord. 2006-5, 7/10/2006, § 50-5]
Upon receipt of such application and the prescribed fee, the Code Enforcement Officer, if he shall find such application in order, shall issue the license required under this Part. 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 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 of the Borough of Forty Fort.
[Ord. 2006-5, 7/10/2006, § 50-6]
1. 
No person in any transient retail business shall:
A. 
Sell any product, type of product or service not mentioned in his license.
B. 
Hawk or cry his wares upon any streets, alleys, sidewalks or public grounds in the Borough. An ice cream truck may play its chimes, bells, music, etc., between the hours of 11:00 a.m. and 8:00 p.m.; all other times it is prohibited.
C. 
When operating 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 there from to persons residing or working 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 stock, wares or foodstuffs which have become unsalable through handling, age or otherwise.
E. 
Engage in any door-to-door business 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.
F. 
Engage in any business activity at a fixed location at any time before 7:00 a.m. or after 8:00 p.m. between Monday through Saturday and before 8:00 a.m. or after 7:00 p.m. on a Sunday or legal holiday.
G. 
Engage in any business activity along Borough streets without first contacting the Chief of Police or officer-in-charge in order to determine if adequate and safe off-street parking with proper sight distance at the point of ingress and egress is available and without first obtaining permits from Pennsylvania Department of Transportation for state thoroughfares.
[Ord. 2006-5, 7/10/2006, § 50-7]
1. 
The Code Enforcement Officer and Police Department shall supervise the activities of all persons holding licenses under this Part.
2. 
The Police Department shall enforce all sections of this Part.
3. 
The Code Enforcement Officer shall keep record of all licenses issued hereunder and shall make a report thereof each month to Borough Council.
[Ord. 2006-5, 7/10/2006, § 50-8]
The Code Enforcement Officer is hereby authorized to suspend or revoke any license issued under this Part when he deems such suspension or revocation to be beneficial to the public health or safety for violation of any provision of this Part or for giving false information upon any application for a license hereunder. Appeals from any suspension or revocation may be made to the Borough Council at any time, by writing, within 10 days after such suspension or revocation. A suspension or revocation may be overturned by the President of Council on a temporary basis, until Council meets at a regularly scheduled meeting to vote on the suspension or revocation. A suspension or revocation may be overturned by Borough Council with a 2/3 vote. No part of a license fee shall be refunded to any person whose license shall have been suspended or revoked.
[Ord. 2006-5, 7/10/2006, § 50-8; as amended by Ord. 2009-8, 12/7/2009]
1. 
Fees applicable to this Part shall be in an amount as established from time to time by resolution of Borough Council.
2. 
The fee to be paid for a transient retail business license shall be in an amount as established from time to time by resolution of Borough Council and shall be collected by the Code Enforcement Officer before he shall issue any license under provisions of this Part. Such license shall be renewed monthly by the Code Enforcement Officer upon payment of the license fee as herein provided.
3. 
The fee to be paid for a solicitor's license shall be in an amount as established from time to time by resolution of Borough Council and shall be collected by the Code Enforcement Officer before he shall issue any license under provisions of this Part. Such license shall be renewed monthly by the Code Enforcement Officer upon payment of the license fee as herein provided.
[Ord. 2006-5, 7/10/2006, § 50-11; as amended by Ord. 2009-8, 12/7/2009]
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof, shall be sentenced to 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 or each section of this Part which shall be found to have been violated shall constitute a separate offense.