[HISTORY: Adopted by the Borough Council
of Columbia 10-11-1993 by Ord. No. 649 (Ch. 79 of the 1971 Code).
Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated, and the singular shall include
the plural, and the masculine shall include the feminine and the neuter:
Any tangible personal property, including, without limitation,
vegetables, produce, fruits, plants, flowers, pretzels, food, drinks,
ice cream, cakes, pies, pastries, candy, leather goods, cosmetics,
beauty aids, hair pieces, wearing apparel of any kind, jewelry, ornaments,
art work, decorative items, tobacco and tobacco products.
Such person or persons as shall be appointed from time to
time by Borough Council by resolution.
Any natural person, association, partnership, firm or corporation.
Any personal services to be performed by the person engaged
in the sale of such services, including, without limitation, tarot
card readings, horoscopes, palm readings, spiritual guidance, advice
or other nontangible services, and also including, without limitation,
the services of inspecting real property or structures or recommending
or performing repair, remodeling or improvement thereto.
Any stand, stall, kiosk, showcase, table, bench, rack, vending
machine or any other fixture or device for the displaying, exhibiting,
carrying, transporting, storing, selling or offering for sale of any
goods or any services which shall be used for a period of less than
30 days or intended for use for a period of less than 30 days.
The sale or offering for sale of any goods or any services
by any of the following means:
Peddling, canvassing, soliciting or taking orders,
either by sample or otherwise, upon the streets, sidewalks or any
public place, or from house to house, within Columbia Borough.
Stationing, placing, setting up or maintaining
a stand for the sale of goods or services upon the streets or sidewalks
or on any public place or privately owned real estate, within Columbia
Borough.
Selling goods or services from any vehicle,
movable stand, basket, container, pushcart, hand cart, barrow or similar
device.
No person shall engage in any transient retail
business within Columbia Borough unless such person has procured a
license as provided by this chapter.
This chapter shall not apply to:
A.
Boys or girls under 18 years of age who take orders
for newspapers, greeting cards, candy and the like, or who represent
the Boy Scouts and Girl Scouts or similar organizations and take orders
for and deliver cookies and the like, or any person who works for
an organization which has registered with the Pennsylvania Department
of State as required by Act 337, approved August 9, 1963, known as
the "Solicitation of Charitable Funds Act."[1]
[1]
Editor's Note: See 10 P.S. § 162.1.
B.
Commercial travelers or sales agents selling to dealers
in the usual course of business.
C.
Persons conducting judicial or other sales under legal
proceedings.
D.
Stands located in the Columbia Market House in compliance
with the regulations of the Market House.
E.
Stands on privately owned real estate by owners, occupants
or lessees of that real estate for the sale of goods owned or produced
by such person, including yard sales, garage sales or sale of garden
produce of such person, provided that such stand and activity are
in compliance with applicable zoning and land use regulations, and
further provided that not more than two yard sales or garage sales
may be held on a property in any twelve-month period.
F.
Persons selling goods, wares and merchandise donated
by the owners thereof, the proceeds whereof are to be applied to any
charitable or philanthropic purpose.
G.
Vending machines on real property with the permission
of the property owner.
[Amended 12-16-2003 by Ord. No. 726]
H.
School fairs held on school property.
A.
The following persons shall be exempted from payment
of the license fee provided in this chapter but shall not be excluded
from any other provisions of this chapter:
(1)
Farmers selling their own produce.
(2)
Any manufacturer or producer in the sale of bread
and bakery products.
(3)
Any manufacturer or producer in the sale of meat and
meat products.
(4)
Any manufacturer or producer in the sale of milk or
milk products, provided that "milk or milk products" shall not include
or apply to ice cream or other frozen desserts.
B.
Any person engaged in any transient retail business
dealing in one or more of the exempted categories and selling other
goods or services not exempted shall be subject to the license fee
fixed by this chapter for his activities in connection with the sale
of goods or services not in any of the exempted categories.
Every person desiring to engage in any transient
retail business in Columbia Borough shall first make application to
the issuing authority for a license and shall provide the following
information:
A.
Name.
B.
Proof of identity.
C.
Age.
D.
Home address.
E.
Business address.
F.
Previous criminal record.
G.
Name of person employing him.
H.
Type of goods or services he intends to sell or offer.
I.
Place or places where he was engaged in selling immediately
prior to such application.
J.
Place or places where he proposes to engage in selling
immediately after leaving Columbia Borough.
K.
Type, make and model of vehicle he uses and its state
registration and registration number, if any.
L.
At the discretion of the issuing authority, two photographs,
2 1/2 by three inches, of himself taken within one year of application.
M.
At the discretion of the issuing authority, he shall
allow his fingerprints to be placed upon such application.
N.
Where he or any helper proposes to sell anything that
is to be eaten or drunk, such investigation and examination as the
issuing authority requires establishing that he and his helper do
not have any communicable diseases.
O.
The proposed commencement date and length of time
during which he proposes to engage in a transient retail business
in Columbia Borough.
P.
The full address at which his transient retail business
is to be carried on in Columbia Borough.
Q.
The exact location and approximate value of any real
estate owned by the applicant.
R.
The name of one bank with which the applicant has
dealt for a period of one year or more.
S.
If the applicant is a partnership, the names and addresses
of each partner having an interest in the applicant.
T.
If the applicant is a corporation, the state of incorporation
and principal place of business and the names and addresses of each
officer of the applicant.
U.
Proof that he holds valid, current licenses or permits
from the Commonwealth of Pennsylvania for his business activity if
such are applicable.
V.
Authorization for the Borough of Columbia to perform a background check, which background check must be reasonably satisfactory to the Borough of Columbia before the issuance of a permit verifying the criminal information referenced in other parts of this § 198-5.
[Added 12-11-2017 by Ord. No.
889]
A.
The issuing authority shall have the authority to
investigate any application for license and, for that purpose, may,
at the discretion of the issuing authority, impose a waiting period
of 24 hours between the making of the application and the issuance
or denial of the license.
The fee for a license under this chapter shall be paid to the issuing authority for the use of Columbia Borough and shall be as set from time to time by resolution of the Borough Council. When an applicant has several agents or helpers, each agent or helper shall be licensed separately and each shall pay the appropriate fee. Only those persons set forth in § 198-4 shall be exempt from payment of the license fee.
[Amended 12-11-2017 by Ord. No. 889]
All licenses issued hereunder shall be valid for the appropriate
period, needed as determined by the issuing authority, not to exceed
six months, unless revoked as herein provided. The permit shall be
valid commencing the date of issuance thereof.
A.
Each license shall be issued by the issuing authority
in written form and shall show the name and address of the licensee,
the type of license issued, the kind of goods or services to be sold
or offered, the amount of the license fee, the date of issuance, the
license number and such other information as the issuing authority,
in its discretion, shall determine.
B.
Each person engaged in a transient retail business
in Columbia Borough shall, while so engaged, carry his license on
his person.
C.
The issuing authority, in its discretion, may issue
an identification badge or card to each licensee under this chapter
which shall contain such identification and information as the issuing
authority shall determine. If issued, the identification badge or
card shall be worn by the licensed person conspicuously and shall
be used only by the person to whom it is issued and may not under
any circumstance be transferred to any other person.
No license granted to any person under this
chapter shall be transferable.
Every person to whom a license has been issued
shall, in the conduct of his activities, comply with the following
standards of conduct:
A.
He shall carry his license and identification badge
or card, if issued, at all times and exhibit them upon request to
any police officer or to any person on whom he shall call or with
whom he shall talk.
B.
He will not permit any person to have possession of
his license or identification badge or card, if issued, and shall
immediately report its loss to the issuing authority. He shall not
alter or deface his license or identification badge or card in any
way.
C.
He will not enter or attempt to enter any dwelling
or structure without the invitation or permission of the occupant
or owner and shall immediately leave any premises upon request of
the occupant or owner.
D.
He will not represent his license to be an endorsement
of himself or his goods or services.
E.
He will not station, place, set up or maintain a stand
on any sidewalk or public place or in any street, alley or lane in
Columbia Borough; provided, however, that Columbia Borough Council
may grant permission for temporary occupancy of sidewalks or streets
for stands.
F.
He will comply with the provisions of all applicable
health and safety codes.
G.
He will not restrict, obstruct, interfere with or
impede vehicular traffic in any street, alley or lane in Columbia
Borough or any pedestrian right-of-way on any sidewalk in Columbia
Borough.
H.
He will not restrict, obstruct, interfere with or
impede the ingress or egress from any abutting property.
I.
He will not conduct himself or his business in such
a way as would create or become a nuisance.
J.
He will not increase traffic congestion or cause or
increase traffic delay or hazards.
K.
He will not cause, create or constitute a danger to
life, health or property.
L.
He will not sell food or drinks of any kind for immediate
consumption unless he has available for public use his own litter
receptacle, which shall be clearly marked and maintained for his patrons'
use, nor shall he leave any location without first picking up, removing
and disposing of all trash or refuse remaining from sales made by
him.
M.
He will not store, place or leave any stand overnight
on any sidewalk, street, alley, lane or public place in Columbia Borough.
N.
He will not engage in business between the hours of
10:00 p.m. and 8:00 a.m.
O.
He will maintain any required licenses or permits
issued by the Commonwealth of Pennsylvania.
P.
During a parade, he may engage in business in the
streets designated as the parade route by moving ahead of the parade
or by following the parade but will not engage in business by moving
within the parade or by moving in and out of the parade entrants,
and he will not otherwise restrict, obstruct or interfere with the
parade, its entrants or parade spectators.
Q.
Where the transient retail business is or includes
the service of inspecting real property or structures or recommending
or performing repair, remodeling or improvement thereto, he shall
notify his customers that a building permit or other permit or approval
of Columbia Borough may be required in order for such repair, remodeling
or improvement to be undertaken and he shall not represent that he
is an official of Columbia Borough or that his service is approved
by or required by Columbia Borough.
R.
Where the transient retail business is or includes
the sale of goods or services from a vehicle operated on any street,
alley or lane in Columbia Borough, the person engaged in such business
shall comply with the following requirements:
[Amended 7-11-1994 by Ord. No. 654]
(1)
He shall maintain a valid Pennsylvania driver's license,
registration and current inspection for the vehicle.
(2)
He shall equip the vehicle with signal lamps mounted
at the same level and as high and as widely spaced laterally as practical,
which lamps shall be five inches to seven inches in diameter and shall
display two alternately flashing red lights on the front of the vehicle
and two alternately flashing red lights on the rear of the vehicle,
both lights visible at 500 feet in normal sunlight upon a straight,
level street.
(3)
He shall equip the vehicle with a caution signal arm
that can be extended horizontally from the left side of the vehicle,
which arm shall be red and white and/or yellow in color and contain
two alternately flashing red and/or yellow lights three inches to
five inches in diameter located at the top and bottom thereof, visible
at 300 feet to the front and rear in normal sunlight upon a straight,
level street.
[Amended 5-22-1995 by Ord. No. 665]
(4)
He shall equip the vehicle with a convex mirror mounted
on the front so the driver in his normal seating position can see
the area in front of the truck obscured by the hood.
(5)
He shall actuate the flashing lights and extend the
caution signal arm whenever he is stopped on any street, alley or
lane in Columbia Borough for the purpose of vending.
[Amended 5-22-1995 by Ord. No. 665]
(6)
He shall not back the vehicle or drive in reverse
to make or attempt a sale.
(7)
He shall conduct his business and shall operate the
vehicle to protect the safety of his customers and persons using the
streets, alleys or lanes in Columbia Borough.
A.
Any person violating any of the provisions of this
chapter shall, upon conviction thereof before any District Justice
of Columbia Borough, be sentenced to pay a fine of not more than $1,000,
plus costs of prosecution, and, in default of payment of such fine
and costs, to imprisonment for a term not exceeding 30 days.
B.
In addition to the penalties provided in § 198-12A, the issuing authority is authorized, when a uniformed police officer is present, to remove any stand, equipment, goods or any other article or thing held for sale by any person who uses the sidewalk or any street or public place in Columbia Borough in violation of this chapter and refuses to immediately comply with this chapter upon written notice of violation. Such person shall immediately be notified of the place where his property can be claimed, then he shall be entitled to immediately claim his property upon payment of the costs of removal.
C.
In addition to the penalties contained in § 198-12A, any license issued under this chapter may be suspended or revoked for any of the following reasons:
(1)
Fraud, misrepresentation or knowingly false statement
contained in the application for the license.
(2)
Fraud, misrepresentation or knowingly false statement
in the course of carrying on the transient retail business licensed
under this chapter.
(3)
Conducting the transient retail business in such a
manner as to create a public nuisance, cause a breach of the peace
or constitute a danger to the public health, safety, welfare or morals
of the public or interfere with the rights of abutting property owners.
The issuance of a license under this chapter shall not waive the application of the Zoning Ordinance of Columbia Borough, Chapter 220 of the Columbia Borough Code, as now enacted or hereafter amended or reenacted, or the requirement of compliance with said Zoning Ordinance of Columbia Borough.
