[Ord. 258, 11/6/1969, § 1]
1. The term "transient retail business," as used in this Part, shall
mean and include the following:
A. Engaging in peddling, canvassing, soliciting or taking orders, either
by sample or otherwise, for any goods, wares or merchandise, upon
any of the streets or alleys, sidewalks, public squares or public
grounds, or from house to house, within the Borough of New Oxford;
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,
partnership, firm or corporation.
3. 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. 258, 11/6/1969, § 2; as amended by Ord. 384,
6/7/1999]
1. No person shall engage in any transient retail business within the
Borough of New Oxford, without first having obtained from the Borough
a license, for which fees, to be established from time to time by
resolution of Borough Council, which shall be for the use of the Borough,
shall be charged.
[Amended by Ord. No. 472, 12/7/2020]
2. Exceptions.
A. No license fee shall be charged:
(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 Purpose, 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 person exempted hereby from the payment of the license fee
shall be required to register with the Borough Secretary and obtain
a license without fee; provided, 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 Borough Secretary
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 a nonprofit corporation.
Provided, further, every license issued under the provisions of this
Part shall be issued on an individual basis to any person or 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, except that
a representative of a charitable organization may obtain licenses
for the applicants.
[Ord. 258, 11/6/1969, § 3; as amended by Ord. No. 472, 12/7/2020]
Every person desiring a license under this Part shall first
make application to the Borough 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 State or County
license. In such application, such person 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.
[Added by Ord. No. 472, 12/7/2020]
1. Location. Transient retail businesses shall be permitted to operate
only from the southeast quadrant of the Borough's Center Square
area.
A. Transient retail businesses shall be prohibited from occupying or
operating within the five public parking spaces closest to Hanover
Street and the areas of the Borough's Center Square immediately
adjacent to such parking spaces.
B. Transient retail businesses shall be prohibited from occupying or
operating within the five public parking spaces closest to Lincoln
Way East and the areas of the Borough's Center Square immediately
adjacent to such parking spaces.
C. As part of the license approval process and in consideration of the
public health, safety and welfare, the Borough Council shall approve
any fixed location or locations from which transient retail businesses
shall be conducted on streets, alleys, public squares, sidewalks or
public property of the Borough. Such locations approved by the Borough
Council shall be set forth on the license issued by the Borough under
this Part.
D. During special events, permitting several transient retail businesses
at one fixed location may be impractical and unsafe. As such, it may
be necessary for the Borough Council to make reasonable adjustments
to the locations requested in license applications.
E. To further ensure the public health, safety and welfare through the
regulation of transient retail businesses, the Borough Council may
reasonably restrict the location of transient retail business activity
where the concentrated gathering of such vendors at certain locations
within the Borough may create hazardous conditions, including but
not limited to excessive pedestrian traffic and impediments to safe
movement of the traveling public on Borough streets, alleys, public
squares or sidewalks.
2. Parking. Each transient retail business license shall permit the
use of one parking space only and shall exempt the license holder
from any stated parking time restriction.
[Ord. 258, 11/6/1969, § 4; as amended by Ord. No. 472, 12/7/2020]
Upon receipt of such application and the prescribed fee, the
Borough, if it 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 a transient
retail business from house to house or upon any of the streets, alleys,
public squares, sidewalks or public grounds, or shall display such
license at the location where he shall engage in such business if
doing so from a fixed location. He shall exhibit such license, upon
request, to all police officers, Borough officials and citizens or
residents of the Borough.
[Ord. 258, 11/6/1969, § 5]
1. 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, public squares,
sidewalks or public grounds in the Borough.
C. When selling from a vehicle, stop or park such vehicle upon any of
the streets, alleys or public squares for longer than necessary to
sell therefrom to persons residing in the immediate vicinity.
D. Park any vehicle upon any of the streets, alleys or public squares
in the Borough for the purpose of sorting, rearranging or cleaning
any of his goods, wares or merchandise or of disposing of any carton
or wrapping material or of any stock or wares or foodstuffs which
have become unsaleable through handling, age or otherwise.
E. Occupy or operate from any streets, alleys, public squares, sidewalks,
public property or parking space other than as authorized in the license
issued by the Borough under this Part.
[Added by Ord. No. 472, 12/7/2020]
F. Block or unreasonably impede vehicular or pedestrian traffic, including
blockage of sidewalk curb cuts maintained for access onto Borough
streets, alleys, public squares or sidewalks.
[Added by Ord. No. 472, 12/7/2020]
G. Engage in any transient retail business activity at any time before
7:00 a.m. or after 8:00 p.m., Monday through Saturday, or before 1:00
p.m. or after 8:00 p.m. on Sunday, unless associated with and consistent
with permitted times of a special event or other activity, as previously
authorized and approved by the Borough.
[Added by Ord. No. 472, 12/7/2020]
[Ord. 258, 11/6/1969, § 6; as amended by Ord. No. 472, 12/7/2020]
The Borough shall supervise the activities of all persons holding
Borough-issued licenses for the conduct of transient retail businesses
pursuant to this Part, and the Borough Secretary shall keep a record
of all such licenses issued hereunder. Notwithstanding the foregoing,
enforcement of the regulations and provisions of this Part may be
undertaken by the Borough's code enforcement officer or by a police
officer of the police department providing law enforcement services
for the Borough and having proper law enforcement jurisdiction in
the Borough.
[Ord. 258, 11/6/1969, § 7]
The Mayor is hereby authorized to revoke any license issued
under this Part when he shall deem such revocation to be beneficial
to the public health, welfare, safety or morals, or for violation
of any provision of this Part, or for giving false information upon
any application for a license hereunder. Appeals from any revocation
may be made to the Borough Council at any time within 10 days after
such revocation. No part of a license fee shall be refunded to any
person whose license shall have been revoked.
[Ord. 258, 11/6/1969, § 8; as amended by Ord. 384,
6/7/1999; and by Ord. No. 472, 12/7/2020]
Any person who shall violate any provision of this Part shall,
upon conviction thereof, be sentenced to pay a fine of not less than
$100 nor more than $600 plus costs of prosecution. Each day that a
violation of this Part continues shall constitute a separate offense
hereunder and a separate violation of this Part.