[Adopted 10-3-2005 by Ord. No. 2005-583 (Ch. 124 of the 2005 Code of
Ordinances)]
[Amended 3-7-1994 by Ord.
No. 472; 3-1-2017 by Ord. No. 2017-666]
A. 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:
(1) Twenty-five dollars for one day or fraction thereof;
(2) One hundred dollars for one week;
(3) Two hundred dollars for one month;
(4) Five hundred dollars for one year;
(5) Notwithstanding the foregoing, $25 for January 1 through December
31 of the year for any vendor at a farmer's market.
B. No license fee shall be charged under this section:
(1) To farmers selling their own produce;
(2) 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;
(3) To any manufacturer or producer in the sale of bread and bakery products,
meat and meat products, or milk and milk products;
(4) 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;
(5) 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;
(6) To the seeking or taking of orders by insurance agents or brokers
licensed under the insurance laws of the Commonwealth of Pennsylvania;
(7) To any person who has complied with the provisions of the Solicitation
of Charitable Funds Act;
(8) 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
(9) 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.
C. 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.
(1) 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.
(2) 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.
(3) 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:
A. His criminal record, if any;
B. The name and address of the person by whom he is employed;
C. The type of goods, wares, and merchandise he wishes to deal with
in such transient retail business;
D. The length of time for which license is to be issued; and
E. 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:
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. 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;
D. 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;
E. 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.