[Ord. 1028, 5/12/1982, Section 701]
When used as being a temporary retail dealer, shall mean
a person, corporation, partnership or any other form of organization.
The engaging, on a temporary basis, in the sale of personal
property or services from a fixed location on private property in
the Municipality, whether such personal property or services are offered
in a special "going out of business" sale (when the sale is conducted
by someone other than the owner of the business) or involves the offering
for sale of personal property or services brought into the location
specifically for the purposes of sales to the public. The solicitation
of sales by telephone from a location within the Municipality shall
be included, regardless of whether the personal property or services
are actually located within the Municipality or not.
Yard sales or garage sales shall not be deemed to be the
conduct of a temporary retail business so long as no more than two
such sales per year are conducted on any parcel of private property.
A retail business shall be considered "temporary" when such
business is not located within the Municipality with the intent to
remain in business indefinitely. The lease or use of a location by
such business for any period of time less than six months shall create
a presumption that the retail business is temporary, but such presumption
can be rebutted by facts which establish an intent to remain in business
indefinitely.
Any person who shall engage in a temporary retail business,
as defined above.
[Ord. 1028, 5/12/1982, Section 702; amended by Ord. 1867,
2/20/2007, Section 5]
Every person, prior to beginning activity as a temporary retail
dealer within the Municipality, shall obtain a license as hereinafter
provided:
a.
Application. Application for a temporary retail dealer's license
shall be made on forms provided by the Municipality and available
at the Finance Department. The application shall be completed and
signed by the applicant and shall be filed at the Finance Department
together with a listing of the names and addresses of the individuals
who will be assisting the temporary retail dealer in the conduct of
the business.
b.
Information Required on the Application. The application for a temporary
retail dealer's license shall contain the following information:
(1)
Names. The name of the business and its legal structure and the ownership
thereof.
(2)
Addresses. The permanent and local addresses of the applicant together
with the address or location within the Municipality to be used for
the temporary retail business.
(3)
Other Information. A statement indicating whether the applicant or
other owner of the temporary retail business has previously been convicted
of a felony or misdemeanor.
(4)
Nature of the Temporary Retail Business. A complete and accurate
description of the nature, type and location of the activity to be
conducted, including procedures and methods to be used in contacting
prospective purchasers, the hours and days of the activity and the
length of time for which the license is being requested.
(5)
Sales Receipts. A sales receipt must be completed and given to the
customer with the purchased item(s) each time a sale is made by a
temporary retail business. The sales receipt shall have printed on
it the name of the business and the permanent address and telephone
number at which customers can reach the temporary retail business.
A copy of the sales receipt to be used shall be submitted with the
application.
c.
Waiting Period for Action on the Application. A three-day waiting
period, not including weekends or holidays, shall be required between
the submission of the application for a temporary retail dealer's
license and action on it by the Manager or his/her designee. This
waiting period may only be waived by the State College Municipal Council.
d.
Responsibility of the Chief of Police. During the three-day waiting period, specified in Subsection c, the Chief of Police shall cause a determination to be made concerning previous convictions of crimes, if any, by the individuals referred to in the application and shall transmit such information to the Manager or his/her designee. The Chief of Police shall also investigate the organization/applicant to confirm it is doing business from the address listed on the application and shall advise the Mayor of the results of his investigation, in writing.
e.
Responsibility of the Health Officer. During the three-day waiting period, specified in Subsection c, the Health Officer shall, in all cases where the goods or items are proposed to be sold for human consumption, review and approve all such goods and items to ensure compliance with applicable state and local health regulations and shall transmit notification of his approval to the Manager or his/her designee.
f.
Responsibility of the Manager or his/her designee. After the three-day
waiting period, but within five days of the submission of an application,
the Manager or his/her designee shall grant approval or disapproval
of the issuance of a temporary retail dealer's license. The Manager
or his/her designee shall have the right to disapprove any application
or any of the following reasons:
(1)
If the applicant or others named in the application have been previously
convicted of a felony or misdemeanor.
(2)
If the Chief of Police has not been able to confirm the authenticity
of the business or the address used on the sales receipt.
(3)
If the applicant proposes to sell items or goods for human consumption
and has not received approval from the Health Officer.
(4)
If the applicant has given false information on the application.
(5)
If the applicant has violated the terms of this ordinance or of the
municipal ordinances regulating peddlers, door-to-door salespersons
or soliciting and canvassing within one year prior to this application.
g.
License. When the Manager or his/her designee has approved the issuance
of a temporary retail dealer's license, the applicant shall be issued
a license which shall contain the information required on the application
and shall be prominently displayed at the location of the temporary
retail business.
[Ord. 1028, 5/12/1982, Section 703; amended by Ord. 1914,
12/15/2008, Section 17]
The term of each temporary retail dealer's license shall be
specified on the license issued and shall not exceed one month. The
fees for a temporary retail dealer's license shall be set by resolution
of Council from time to time.
No fee shall be charged for a temporary retail dealer's license
when the applicant is a charitable, religious or educational organization.
Exemption from taxation by the United States Treasury Department to
such organization shall be sufficient to establish exemption from
payment of fees set forth in this section. No fees shall be charged
to farmers selling their own produce not to any business which is
a manufacturer or producer in the sale of bread or bakery products,
meat and meat products or milk and milk products, nor to any business
whose sole owner is a Pennsylvania resident and is a disabled military
service veteran, nor for any auction conducted by an auctioneer who
is properly licensed by the Commonwealth and bonded as required by
law.
[Ord. 1028, 5/12/1982, Section 704; amended by Ord. 1209,
6/27/1988, Section 4]
A temporary retail business may be conducted only in the commercial
or industrial zoning districts of the Municipality and shall be subject
to the following limitations:
a.
Days of the Week; Hours.
(1)
Sundays. Sales shall be permitted between the hours of 1:00 p.m.
and 5:00 p.m.
(2)
Monday Through Saturday. Sales shall be permitted between the hours
of 9:00 a.m. and 11:00 p.m.
(3)
No temporary retail sales shall be conducted within the area designated by Council for the conduct of the Central Pennsylvania Festival of the Arts nor during the conduct of First Night during those periods designated by Council for the conduct of these activities, except for approved Arts Festival vendors. [See §§ 10-115 and 10-116 of this chapter for areas and times of these Festivals.]
(4)
No telephone solicitation shall be conducted on Sundays; telephone
solicitation is permitted on other days between the hours of 9:00
a.m. and 9:00 p.m.
b.
Activities.
(1)
All temporary retail businesses shall be located on private property
which is not exempt from real estate taxation; however, if the temporary
retail business is exempt from the payment of fees because of its
being charitable, religious or educational, as set forth herein, its
location may be on private property which is exempt from real estate
taxation.
(2)
Temporary retail business operations shall not be conducted in the
setback area of any building or lot.
(3)
Temporary retail dealers and all individuals participating therein
shall not be permitted to make or cause to be made any loud noise
to attract attention or for any other purpose. Such noises may include,
but shall not be limited to, shouting, use of loud speakers, horns,
drums, musical instruments or other sound devices.
(4)
Telephone solicitations may be made to any telephone number only
once during the term of the license.
[Ord. 1028, 5/12/1982, Section 705]
It shall be the responsibility of every temporary retail dealer
to pay the Municipal Treasurer the proper income taxes for himself
or any employee on income earned as a result of such activities.
[Ord. 1028, 5/12/1982, Section 706; amended by Ord. 1867,
2/20/2007, Section 6]
The Manager or his/her designee is hereby authorized to revoke
or to suspend, for a specific period of time, any license issued under
this ordinance under the following circumstances:
a.
If the licensee or others named in the license are convicted of a
felony or misdemeanor during the sale period.
b.
If the Manager or his/her designee determines the status of the authenticity
of the business has changed.
c.
If it is determined the licensee has given false information on the
application.
d.
If unsafe or harmful goods are being sold to the public.
e.
If it is determined the approval of the Health Officer is revoked.
[Ord. 1028, 5/12/1982, Section 707; amended by Ord. 1867,
2/20/2007, Section 7]
Any person whose application for a temporary retail dealer's
license is disapproved by the Manager or his/her designee, or whose
license is revoked or suspended by the Manager or his/her designee,
may appeal such action to Municipal Council. Such appeal shall be
in writing and signed by the person and filed in the office of the
Municipal Manager within 10 days of the date of such action appealed
from. Council shall conduct a hearing at a public meeting of Council
within 40 days of the filing of such appeal and shall notify such
person, by written letter mailed to the permanent address of the person
shown on the application, such mailing to occur 15 days or more prior
to such hearing. In lieu of mailing such notice, it may be delivered
personally to such person. The President of Council shall preside
over such hearing and shall administer oath to all witnesses. Council
shall affirm the action appealed from or reverse such action or may
modify the action by the Manager or his/her designee. Any reversal
or modification of the action by the Manager or his/her designee shall
be by majority vote of the Council members present, providing a quorum
is present. The Manager or his/her designee shall not participate
in the making of such decision, but shall be permitted to testify
or present evidence.
[Ord. 1028, 5/12/1982, Section 708{70}; amended by Ord. 1418,
9/27/1993]
Any person who shall violate any of the provisions of this ordinance
shall, on conviction thereof, be sentenced to pay a fine of not less
than $25 (nor more than $100) for the first offense in any calendar
year; $50 (nor more than $200) for the second offense in any calendar
year; and $100 (nor more than $300) for the third and subsequent offense(s)
in any calendar year plus costs. Upon failure to pay such fine and
costs, to imprisonment for not more than 10 days. Each day's continuance
of a violation of any provision of this ordinance shall constitute
a separate offense.
