[Ord. 00049, 3/8/2010, § I]
1.
ESTABLISHED LOCATION
PEDDLER or HAWKER
TRANSIENT MERCHANT
The following terms as used in this Part are defined as follows:
A fixed location permitted as a business pursuant to all ordinances of the Borough (including, but not limited to, Borough Zoning Ordinance [Chapter 27]) and County and all other government regulations.
Any person, subject to the further definitions contained in Subsection 2 of this section, selling or soliciting sales or purchases of personalty within Borough from house to house, store to store, on the streets or in any public place, which sales or purchases are not made from an established location.
Any person, subject to the further definitions contained in Subsection 2 of this section, conducting or proposing to conduct sales or purchases of tangible personalty from private premises located within the Borough where such sales are in compliance with other applicable ordinances, laws and regulations, but for temporary periods only, which, as applicable to this Part only, shall mean no more than six consecutive weeks.
2.
The terms "peddler," "hawker," or "transient merchant" as used in
this Part shall include persons conducting sales at auction; but this
Part shall not be construed to apply to the following:
3.
The term "person" shall include individuals, principals, agents,
partnerships, limited liability companies and corporations and all
other forms of business or other organizations, The penal provisions
hereof shall include and apply to officers, directors or managers
(as the case may be) of forms of business or other organizations.
4.
The term "Borough" as used in this Part shall mean the Borough of
Akron in Lancaster County, Pennsylvania.
[Ord. 00049, 3/8/2010, § I]
1.
It shall be unlawful for any person without first obtaining a permit as provided herein (and except as outlined in § 13-107, "Exemptions"):
A.
To enter into or continue activities as a peddler, hawker or transient
merchant.
B.
To exhibit for immediate sale any goods, wares or merchandise whatsoever
subject to the exceptions set forth herein.
C.
To peddle, hawk, or take orders, either by sample or otherwise for
any goods, wares or merchandise upon any street, alley, sidewalk or
public place or from house-to-house in Akron Borough, without a secured
valid permit.
[Ord. 00049, 3/8/2010, § I]
1.
Applications for permits shall be made to the Mayor or the Mayor's
designated agent and shall set forth:
A.
The full name and permanent home and business addresses of such person
and of any local agent in charge. Each individual intending to peddle,
hawk, take orders, etc., shall also submit the same information, and
each one shall submit for copying an official identification, such
as a driver's license or any other form of identification commonly
recognized as acceptable for identification purposes.
B.
In what capacity an individual is acting and for whom.
C.
If a business organization or other organization, the state of incorporation
or organization and address and location of the principal office thereof.
D.
Nature of the activity; type of personalty proposed to be sold or
purchased; date of the proposed commencement and the length of time
during which same is proposed to be conducted with Borough.
E.
The description and license numbers of all vehicles intended to be
operated in the conduct of the activity.
F.
_____
(1)
All applications must include the license fee with the application
and subject to a criminal background check from the state (for each
person to be so engaged) in which they reside dated within 30 days
of the date of the application for the permit.
2.
A satisfactory criminal background check shall be a background check
that discloses that neither of the applicant or those conducting door-to-door
sales is under probation or parole supervision from any jurisdiction
or out on bail on a misdemeanor or felony, or has ever been determined
to be an offender or sexually violent predator required to register
under 42 Pa.C.S.A. § 9799.1 (popularly known as "Megan's
Law").
3.
A.
If approved, the Mayor or Mayor's designated agent will be authorized
to sign the license.
B.
The Mayor or Mayor's designated agent reserve the right to suspend
or revoke a license when there are any public health, safety or possible
moral issues discovered or where the application was false or there
is a violation of this Part.
[Ord. 00049, 3/8/2010, § I]
1.
No peddler, hawker, or transient merchant shall conduct such activity
in the Borough in any manner contrary to that as indicated in the
application for such license without first having filed an amended
application stating specifically in what manner future operations
in Borough will be different from that as stated in the original application,
and without first having secured the approval of such amended application
by the Mayor or the Mayor's designated agent.
2.
Merchants, whether licensed or exempted, with the exception of mobile
ice cream vendors, shall only engage in solicitations between the
hours of 9:00 a.m. and 6:00 p.m. (prevailing time), except when peddlers,
hawkers or transient merchants shall have a prior appointment with
a particular property owner or renter. Mobile ice cream vendors may
solicit until dusk, but may not solicit or sell on Main Street, Rothsville
Road, or on 7th Street.
[Ord. 00049, 3/8/2010, § I]
1.
License fee for any person acting in Borough as a peddler, hawker
or transient merchant shall be in an amount as established from time
to time by resolution of Borough Council for a license valid for 90
days from the date of issuance, unless suspended or revoked prior
thereto. Said fee shall be paid to the Mayor to for the benefit of
Borough. The license shall be exhibited to any Borough police officer,
Borough Manager or any other person delegated by the Mayor or Council
upon request.
A.
The Mayor shall have such authority to deny issuance of a license
to any peddler, hawker or transient merchant where the application
or amended application sets forth matters indicating the conduct of
business or solicitation pursuant thereto to be detrimental to the
health, safety, welfare and morals of the Borough.
B.
In event of such refusal, the application fee as herein before set
forth shall be returned.
[Ord. 00049, 3/8/2010, § I]
No person who would otherwise be a peddler, hawker or transient
merchant subject to this Part shall be exempted from the provisions
hereof by reason of being temporarily associated with any local merchant,
dealer, trader or auctioneer.
[Ord. 00049, 3/8/2010, § I]
1.
Any person who is engaged by an organization which has been registered
with the Pennsylvania Department of State, as required by the Solicitation
of Funds for Charitable Purposes Act, 10 P.S. § 162.1 et
seq., shall not have to register with Borough; but such organizations
shall cause notice to be given to the Mayor or Mayor's designated
agent that such person will be conducting business as a peddler, hawker
or transient merchant in the Borough. Any such person shall carry
an appropriate identification card issued by the organization for
which such person is conducting business.
2.
Persons selling personalty, where the proceeds of the sale are to be applied exclusively for a charitable purpose and the entity sponsoring the sale is registered with the Internal Revenue Service as an entity enjoying tax deductible status under § 501(C)(3) of the Internal Revenue Code or is a tax-exempt organization under the provisions of the Internal Revenue Code eligible to receive deductible charitable contributions, shall be exempt from registering, but shall nevertheless comply with the requirements of § 13-104, Subsection 2, hereof.
3.
Manufacturers or producers of bread or bakery products, meat or meat
products or milk or milk products, who sell exclusively their own
products and farmers growing produce, eggs or fruit who sell exclusively
their own crops or eggs shall be exempt from licensing.
4.
Insurance and real estate agents and brokers licensed by the Commonwealth
of Pennsylvania shall be exempt from licensing.
6.
Nothing contained in this Part shall be construed to exempt any person
from securing any other license or from paying any other license tax
which may be authorized and imposed by statute or other Borough ordinance.
[Ord. 00049, 3/8/2010, § I]
Any person who violates any of the provisions of this Part by
entering hereinafter into business as a peddler, hawker or transient
merchant or continuing to act as same without having compiled with
the requirements of this Part for licensing, or who engages in a different
manner from that represented in the application or amended application
required by this Part shall, upon conviction before any magisterial
district judge, be sentenced to pay a fine to Borough in sum of no
less than $100 and no more than $300 for each and every day of such
violation, together with costs of prosecution.
