[Ord. 222, 8/4/1958; as amended by Ord. 423, 9/9/1987, § 13-401]
As used in this section, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
LEGAL HOLIDAY
New Year's Day, Memorial Day, Independence Day, Labor
Day, Thanksgiving Day, and Christmas.
PERSON
Any natural person, partnership, association, corporation,
or other legal entity.
TRANSIENT RETAIL BUSINESS
(1)
Engaging in peddling, soliciting, or taking orders, either by
sample or otherwise, for any goods, wares, or merchandise upon any
street, alley, sidewalk, or public ground, or from house to house,
within the Borough of Liberty.
(2)
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 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.
The singular shall include the plural; the plural shall include
the singular; and the masculine shall include the feminine and the
neuter.
|
[Ord. 222, 8/4/1958; as amended by Ord. 423, 9/9/1987, § 13-402;
and as amended by A.O.]
No person shall engage in any transient retail business within
the Borough of Liberty without first having obtained from the Mayor
a license, for which a fee, in an amount as established from time
to time by resolution of Borough Council, which shall be for the use
of the Borough, shall be charged.
[Ord. 222, 8/4/1958; as amended by Ord. 423, 9/9/1987, § 13-403;
and as amended by A.O.]
1. No license fee shall be charged:
A. To farmers selling their own produce.
B. 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.
C. To any manufacturer or producer in the sale of bread and bakery products,
meat and meat products, or milk and milk products.
D. 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.
E. To the seeking or taking of orders by insurance agents or brokers
licensed under the insurance laws of the Commonwealth of Pennsylvania.
F. To any person who has complied with the provisions of the Solicitation
of Funds for Charitable Purposes Act, 10 P.S. § 162.1 et
seq.
G. 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.
|
But all persons exempted hereby from the payment of the license
fee shall be required to register with the Mayor 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 Mayor 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 any 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 therein.
|
[Ord. 222, 8/4/1958; as amended by Ord. 423, 9/9/1987, § 13-404]
1. Every person desiring a license under this Part shall first make
application to the Mayor for such license. He shall, when making such
application, exhibit a valid license from any state or county officer,
if such license is also required. The applicant shall state:
A. His criminal record, if any.
B. Name and address of the person by whom he is employed.
C. Type of goods, wares, and merchandise he wishes to deal with in such
transient retail business.
D. Length of time for which license is to be issued.
E. Type and license number of the vehicle to be used, if any.
[Ord. 222, 8/4/1958; as amended by Ord. 423, 9/9/1987, § 13-405]
Upon receipt of such application and the prescribed fee, the
Mayor, 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 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, municipal officials, and citizens
or residents of the Borough of Liberty.
[Ord. 222, 8/4/1958; as amended by Ord. 423, 9/9/1987, § 13-406]
1. No person 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, sidewalks,
or public grounds in the Borough.
C. When operating 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 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 unsaleable through
handling, age or otherwise.
E. Engage in any business activity, except by prior appointment, at
any time on a Sunday or legal holiday or at any time before 8:00 a.m.
or after 8:00 p.m. on any day of the week other than a Sunday or legal
holiday.
[Ord. 222, 8/4/1958; as amended by Ord. 423, 9/9/1987, § 13-407]
The Mayor and Chief of Police shall supervise the activities
of all persons holding licenses under this chapter. He shall keep
a record of all licenses issued hereunder and shall make a report
thereof each month to the Borough Council.
[Ord. 222, 8/4/1958; as amended by Ord. 423, 9/9/1987, § 13-408]
The Mayor is hereby authorized to suspend or revoke any license
issued under this chapter when he deems such suspension or revocation
to be beneficial to the public health, safety, or morals, for violation
of any provision of this chapter, 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 within
10 days after such suspension or revocation. No part of a license
fee shall be refunded to any person whose license shall have been
suspended or revoked.
[Ord. 222, 8/4/1958; as amended by Ord. 423, 9/9/1987, § 13-409;
and by A.O.]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
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 90 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.