[HISTORY: Adopted by the Borough Council of the Borough of
Dallastown 5-10-1982 by Ord. No.
343. Amendments noted where applicable.]
GENERAL REFERENCES
Secondhand Dealers — See Ch. 155.
A.
PERSON
TRANSIENT RETAIL MERCHANT
(1)
(2)
As used in this chapter, the following terms shall have the meanings
indicated:
Any natural person, association, partnership, firm or corporation,
except that the definition shall not include any person working without
compensation and selling goods, wares or merchandise for the sole
benefit of any nonprofit, charitable, civic or service organization.
Includes the following:
Engaging in peddling, selling, canvassing soliciting or taking
orders, either by sample or otherwise, for any goods, wares or merchandise,
upon any of the streets, alleys, sidewalks or public grounds, or from
house to house, within the Borough of Dallastown; or
[Amended 6-13-2005 by Ord. No. 529]
Selling, soliciting or taking orders for any goods, wares or
merchandise from a fixed location within the Borough on a temporary
basis, which may 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 particular 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 act as a transient retail merchant in the Borough
of Dallastown without first obtaining from the Borough Manager a license,
for which a particular fee is imposed and established and will be
set by resolution of the Borough Council, which shall be for the use
of the Borough.
B.
No license fee shall be charged under this section to farmers selling
their own produce; or for the sale of foods, wares and merchandise
donated by the owners thereof, the proceeds whereof are to be applied
to any charitable or philanthropic purpose; or 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 Borough Manager and to obtain a license without fee.
C.
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.
D.
Every license issued under the provisions of this chapter shall be
issued on an individual basis to persons engaged in such business;
every such 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 Borough Manager. 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.
Upon receipt of such application and the prescribed fee, the
Borough Manager, if he shall find such application in order, shall
issue the license required under this chapter. 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, 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 and residents of the Borough.
[Amended 6-13-2005 by Ord. No. 529]
A.
No transient retail merchant shall sell any product or type of product
not mentioned in such merchant's license.
B.
If a transient retail merchant is issued a license for engaging in
business as defined in § 198-1A(1) hereof,[1] such merchant shall not engage in such retail business
before 9:00 a.m. or after 7:00 p.m. nor any time on Sunday, except
by permission from the Borough Manager for special events. In the
event the Borough Manager is absent or unavailable, then the responsibility
for such permission for an exception for special events shall rest
with the President of Borough Council, and if such person is absent
or unavailable, it shall rest with the Vice President of Borough Council,
and if such person is absent or unavailable, it shall rest with the
President Pro Tem of Borough Council.
[1]
Editor's Note: Section 198-1A(1) refers to Subsection
(1) under the definition of "transient retail merchant."
C.
A transient retail merchant engaging in a business from a fixed location
within the Borough on a temporary basis may hereafter operate such
transient retail business, during the term of the license issued for
the same, without restriction as to operating hours.
[Amended 7-11-2005 by Ord. No. 530]
The Borough Manager is hereby authorized to suspend any license
issued under this chapter when he shall deem 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 such
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 4-13-1998 by Ord. No. 432]
Any person who shall violate any provision of this chapter shall,
for each and every such violation, upon conviction thereof, be punishable
by a fine of not more than $600, plus costs of prosecution, and in
default of payment of such fine and costs by imprisonment for not
more than 30 days. Each day's violation of any provision of this
chapter shall constitute a separate violation.
