[HISTORY: Adopted by the Borough Council of the Borough of Avis 8-31-1908 by Ord. No. 12; amended in its entirety 12-7-1992 by Ord. No. 202 (Ch. 13, Part 2, of the 1992 Code of Ordinances). Amendments noted where applicable.]
A. 
As used in this chapter, 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.
(2) 
Selling, soliciting, or taking orders for any goods, wares, or merchandise, from a fixed location within the Borough, other than the residence of the individual 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 yearly holidays.
B. 
The singular shall include the plural: the plural shall include the singular; and the masculine shall include the feminine and the neuter.
No person shall engage in any transient retail business within the Borough without first having obtained from the Mayor a license, for which a fee, which shall be for the use of the Borough, shall be charged, established pursuant to a resolution of the Borough Council.
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 any honorably discharged member of any of the armed services who complies with the Act of 1867, April 8, P.L. 50, 60 P.S. § 61,[1] hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania, and who procures from the Prothonotary a certificate in pursuance of the Act of 1867.
[1]
Editor's Note: Former 60 P.S. § 61 was repealed by 1992, Nov. 24, P.L. 717, No. 108, § 3.
F. 
To the seeking or taking of orders by insurance agents or brokers licensed under the insurance laws of the Commonwealth of Pennsylvania;
G. 
To any person who has complied with the provisions of the Charitable Organization Reform Act, 10 P.S. § 161.1 et seq.,[2] as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania.
[2]
Editor's Note: Former 10 P.S. § 161.1 was repealed by 1990, Dec. 19, P.L. 1200, No. 202, § 23. See now 10 P.S. § 162.1 et seq.
H. 
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 § 472-3 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 chapter 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.
Every person desiring a license under this chapter 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.
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.
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. 
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.
D. 
Engage in any 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.
The Mayor 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.
The Mayor is hereby authorized to deny, suspend or revoke any license issued under this chapter for giving false information upon any application for a license hereunder. Appeals from any suspension, revocation or denial of a license may be made to the Borough Council at any time within 10 days after such suspension, revocation or denial and a hearing 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.
Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine not more than $600 plus costs and, in default of payment, to imprisonment for not more than 30 days. Each day that a violation of this chapter continues shall constitute a separate offense.