[Adopted 9-12-2016 by Ord. No. 1375]
This chapter shall be known and may be cited as "The Regulation
and Licensing of Transient Retail Merchants."
The following words and phrases when used in this chapter shall have the meanings ascribed to them in this §
111-2, except where the context clearly indicates a different meaning:
BACKGROUND CHECK
Applicants must furnish results of a background check obtained
from PATCH system and submit with a completed Borough solicitation
application.
[Added 5-8-2017 by Ord.
No. 1392]
BOROUGH
The Borough of Tyrone, Blair County, Pennsylvania.
CANVASSER
Includes any person, whether a resident of the Borough or
not, who goes from house to house, from place to place or from street
to street, soliciting or taking or attempting to take orders from
individuals for sale of goods, wares or merchandise, including magazines,
books, periodicals or for services to be performed at that time or
in the future, whether or not such individual has, carries or exposes
for sale a sample of the subject of such order or whether or not he
or she is collecting advance payments on such orders.
LESSOR
Any person who or which leases by either an oral and/or written
lease any real estate, room, apartment, store, shop, building, railway
car, and/or other place or structure to a transient retail merchant
and/or any person engaged or intending to engage in a transient retail
business.
LICENSE
The written authorization by the Borough of Tyrone conferring
the right to operate a transient retail business within the Borough.
PERSON
Any association, firm, partnership, corporation or any other
entity, as well as, a natural person male or female. The singular
shall include the plural.
TRANSIENT RETAIL BUSINESS
Any business conducted in the Borough for the sale of goods,
wares or merchandise whatsoever which is temporary in location and/or
in time.
TRANSIENT RETAIL MERCHANT OR PEDDLER
Every person, whether principal or agent, entering into,
beginning, or desiring to begin, a transient retail business in the
Borough for the sale of any goods, wares, or merchandise whatsoever,
and who hires, leases, occupies, or uses any room, apartment, store,
shop, building, railway car, or other place or structure for the exhibition
and sale of such goods, wares, or merchandise or who sells such goods,
wares or merchandise door to door. Said terms shall include a participant
as a vendor in a flea market and a door to door peddler. Nothing contained
herein shall apply to farmers selling their own produce, or to any
sale of goods, wares, or merchandise, the proceeds of which are to
be applied to any charitable or philanthropic purpose and/or newspaper
carriers.
No person, including, but not limited to, a transient retail
merchant and/or canvasser, shall engage in a transient retail business
in the Borough without first having obtained a license, as herein
provided.
At the discretion of the Borough Code Enforcement Officer and/or
Chief of Police, no license may be issued under this Part until a
period of at least 24 hours has elapsed from the time the application
has been filed with the Borough, in order to give the Borough sufficient
time to make any investigation deemed necessary by the Borough Chief
of Police before issuing a license. The Borough, during the twenty-four
hour period following the application, may investigate the applicant
and the applicant's business and reputation of said business
and any other information deemed necessary to protect the public safety
and health. In the event that such investigation should indicate that
the granting of such permit would or might be injurious to the public
interest, safety or health, the Borough Code Enforcement Officer in
concurrence with the Chief of Police shall have the power and authority
to refuse to issue a license.
Upon the approval of license application and payment of fee
as set forth in the preceding section, the Borough Chief of Police
or Borough Code Enforcement Officer shall issue a license card, containing
the date of issuance and the date of expiration, as well as the name
of the transient retail merchant, the transient retail merchant's
address, the location where the transient retail merchant intends
to set up a transient retail business, and as follows:
A. If the transient retail merchant is an individual, one card to the
person making such application;
B. If a partnership, firm, or corporation, one card each to such employee
upon submission by the transient retail merchant of their names.
The Borough Code Enforcement Officer in concurrence with the
Chief of Police is hereby authorized to deny, suspend or revoke any
license issued under this Part when he/she deems such denial, suspension
or revocation to be beneficial to the public health, safety or morals,
including but not limited to, providing false information on an application
for license and/or having been convicted of a felony involving physical
harm and/or for violation of any provision of this Part. Appeals from
any suspension, revocation or denial of a license may be made to the
Borough Manager at any time within 10 days after such suspension,
revocation or denial, and a meeting shall be held within 30 days of
the petition for appeal. No part of a license fee shall be refunded
to any person whose license shall have been suspended or revoked.
It shall be unlawful for any person including a transient retail
merchant to permit and/or to enter into or begin a transient retail
business within the limits of Borough without having complied with
this chapter and without having in his or her possession the license
card as hereinbefore mentioned.
No licensee, nor any person in his or her behalf, shall make
any noise in violation of the Borough's nuisance ordinance.
Any person, firm or corporation that shall violate any of the
provisions of this Part shall forfeit and pay the Borough for each
and every separate offense a sum of not less than $100 or more than
$600, to be used for and recovered as other fines and penalties are
now by law recoverable and, in default of payment of the fines and
costs of prosecution, shall be imprisoned for a period not exceeding
30 days. Each day during which a violation occurs shall constitute
a separate offense.
This Ordinance shall not apply to farmers selling produce grown
on their own property or by their own hand, nor to sale of any goods,
wares or merchandise, the proceeds of which are to be applied to any
charitable or philanthropic purpose, nor to any individuals who are
under 18 years of age who take orders for and deliver newspapers,
greeting cards, candy, cookies and other fundraising items, and the
like or who represent the Boy Scouts, Girl Scouts, schools, churches
or similar organizations.