[Ord. No. 189, 6/12/1967; as amended by Ord. No. 288, 8/8/1994]
1.
LEGAL HOLIDAY
PERSON
TRANSIENT RETAIL BUSINESS
A.
B.
As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
New Year's Day, Memorial Day, Independence Day, Labor
Day, Thanksgiving Day, and Christmas.
Any natural person, partnership, association, corporation,
or other legal entity.
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; or,
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 not be limited to, such activities
conducted at the time of special occasions or celebrations, for seasonal
purposes, or for yearly holidays.
2.
The singular shall include the plural; the plural shall include the
singular; and the masculine shall include the feminine and the neuter.
[Ord. No. 189, 6/12/1967; as amended by Ord. No. 288, 8/8/1994]
No person shall engage in any transient retail business within
the Borough 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, established by resolution of the Borough Council.
[Ord. No. 189, 6/12/1967; as amended by Ord. No. 288, 8/8/1994]
1.
No license fee shall be charged:
A.
To farmers selling their own produce.
B.
For the sale of goods, wares, and merchandise, donated by the owners
thereof, the proceeds whereof are to be applied to any charitable
or philanthropic purpose.
C.
To any manufacturer or producer in the sale of bread and bakery products,
meat and meat products, or milk and milk products.
D.
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.
E.
To any honorably discharged member of any of the armed services who
complies with the Act of 1867, April 8, P.L. 50, 60 P.S. § 61,
hereafter amended, supplemented, modified or reenacted by the General
Assembly of Pennsylvania, and who procures from the Prothonotary a
certificate in pursuance of the Act of 1867.
F.
To the seeking or taking of orders by insurance agents or brokers
licensed under the insurance laws of the Commonwealth of Pennsylvania.
G.
To any person who has complied with the provisions of the Charitable
Organization Reform Act, 10 P.S. § 161.1 et seq., as hereafter
amended, supplemented, modified or reenacted by the General Assembly
of Pennsylvania.
H.
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.
2.
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; provided, 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 this section for his activities
in connection with the sale of goods, wares, and merchandise not in
such exempted categories provided further, the Borough 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.
Provided further, every license issued under the provisions of this
Part shall be issued on an individual basis to any person or 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 licenses
for the applicants.
[Ord. No. 189, 6/12/1967; as amended by Ord. No. 288, 8/8/1994]
1.
Every person desiring a license under this Part shall first make
application to the Borough Secretary for such license. He shall, when
making such application, exhibit a valid license from any state or
county officer, if such license is also required. The applicant shall
state:
A.
His or her criminal record, and a Pennsylvania criminal background
check dated within 30 days of the license application shall be provided.
[Amended by Ord. No. 357, 11/13/2017]
B.
Name and address of the person by whom he is employed.
C.
Type of goods, wares, and merchandise he wishes to deal with in such
transient retail business.
D.
Length of time for which license is to be issued.
E.
Type and license number of the vehicle to be used, if any.
[Ord. No. 189, 6/12/1967; as amended by Ord. No. 288, 8/8/1994]
1.
Upon receipt of such application and the prescribed fee, the Borough
Secretary, if he shall find such application in order, shall issue
the license required under this Part. 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, municipal officials, and citizens
or residents of the Borough.
[Ord. No. 189, 6/12/1967; as amended by Ord. No. 288, 8/8/1994]
1.
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 or working 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 stock, 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 4:00 p.m. on any day of the week other than a Sunday or legal
holiday.
[Ord. No. 189, 6/12/1967; as amended by Ord. No. 288, 8/8/1994]
The Borough Secretary shall supervise the activities of all
persons holding licenses under this Part. He shall keep a record of
all licenses issued hereunder and shall make a report thereof each
month to the Borough Council.
[Ord. No. 189, 6/12/1967; as amended by Ord. No. 288, 8/8/1994]
The Borough Secretary is hereby authorized to deny, suspend
or revoke any license issued under this Part when he deems such denial,
suspension or revocation to be beneficial to the public health, safety,
or morals, or for violation of any provision of this Part, or for
giving false information upon any application for a license hereunder.
Appeals from any suspension, revocation or denial of a license may
be made to the Borough Council at any time within 10 days after such
suspension, revocation or denial and a hearing shall be held within
30 days of the petition for appeal. No part of a license fee shall
be refunded to any person whose license shall have been suspended
or revoked.
[Ord. No. 189, 6/12/1967; as amended by Ord. No. 288, 8/8/1994]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine not more than $600 plus costs, and in default of payment, to
imprisonment for not more than 30 days. Each day that a violation
of this Part continues shall constitute a separate offense.
