[HISTORY: Adopted by the Borough Council of the Borough of Bath as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-3-2005 by Ord. No. 2005-583 (Ch. 124 of the 2005 Code of Ordinances)]
As used in this article, the following terms shall have the meanings indicated:
- LEGAL HOLIDAY
- Includes New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas.
- Any natural person, partnership, association, corporation or other legal entity.
- TRANSIENT RETAIL BUSINESS
- Includes the following:
- (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 Bath; and
- (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 shall 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.
In this article, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.
[Amended 3-7-1994 by Ord. No. 472; 3-1-2017 by Ord. No. 2017-666]
No person shall engage in any transient retail business within the Borough of Bath without first having obtained from the Borough Secretary a license, for which a fee, which shall be for the use of the Borough, shall be charged:
No license fee shall be charged under this section:
To farmers selling their own produce;
For the sale of goods, wares, and merchandise, donated by the owners thereof, the proceeds of which are to be applied to any charitable or philanthropic purpose;
To any manufacturer or producer in the sale of bread and bakery products, meat and meat products, or milk and milk products;
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;
To any honorably discharged member of any of the armed services who complies with the Act of 1867, April 8, P.L. 50, as amended, and who procures from the prothonotary a certificate in pursuance of the Act of Assembly;
Editor's Note: The Act of 1867 (60 P.S. § 61) was repealed 11-24-1992 by P.L. 717, No. 108.
To the seeking or taking of orders by insurance agents or brokers licensed under the insurance laws of the Commonwealth of Pennsylvania;
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; or
Events held by the volunteer fire company or emergency medical services company each officially recognized by the Borough by ordinance provided the vendors for such event are hired or contracted by said volunteer fire company or emergency medical services company for the purposes of generating revenue for the operations of said volunteer fire company or emergency medical services company.
But all persons exempted hereby from the payment of the license fee shall be required to register with the Borough Secretary and obtain a license without fee.
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 Subsection A for his activities in connection with the sale of goods, wares, and merchandise not in such exempted categories.
The Secretary 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.
Every license issued under the provisions of this article shall be issued on an individual basis to 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 the licenses for the applicants therein.
Every person desiring a license under this article shall first make application to the Secretary for such license. If such person shall also be required to obtain a license from any state or county officer, he shall, when making such application, exhibit a valid license from such state or county officer. The applicant shall state:
His criminal record, if any;
The name and address of the person by whom he is employed;
The type of goods, wares, and merchandise he wishes to deal with in such transient retail business;
The length of time for which license is to be issued; and
The type and license number of the vehicle to be used, if any.
Upon receipt of such application and the prescribed fee, the Secretary, if he shall find such application in order, shall issue the license required under this article. 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, Borough officials, and citizens or residents of the Borough.
No person in any transient retail business shall:
Sell any product or type of product not mentioned in his license;
Hawk or cry his wares upon any of the streets, alleys, sidewalks or public grounds in the Borough;
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 in the immediate vicinity;
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 of any stock or wares or foodstuffs which have become unsalable through handling, age, or otherwise;
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. any day of the week other than a Sunday or legal holiday.
The Secretary shall supervise the activities of all persons holding licenses under this article. He shall keep a record of all licenses issued hereunder, and shall make a report thereof each month to the Council.
The Mayor is hereby authorized to suspend or revoke any license issued under this article when he deems such suspension to be beneficial to the public health, safety, or morals, or for violation of any provision of this article, or for giving false information upon any application for a license hereunder. Appeals from any suspension or revocation may be made to the 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.
Any person violating any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 and costs of prosecution, or, in default of payment of such fine and costs, to undergo imprisonment for not more than 30 days.
Each violation of any provision of this article, and each day the same is continued, shall be deemed a separate offense.
[Amended 9-11-1989 by Ord. No. 421]
In addition, court costs and reasonable attorney fees incurred by the Borough in enforcement proceedings shall be assessed against violator and awarded to the Borough.
[Added 11-5-2018 by Ord. No. 2018-678]