[HISTORY: Adopted by the Borough Council of the Borough of
Quarryville as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-6-1999 by Ord. No. 324]
This article shall be known as and may be cited as "The Quarryville
Borough Transient Retail Business Ordinance."
A.
PERSON
PRODUCE
TRANSIENT RETAIL BUSINESS
As used in this article, the following terms shall have the meanings
indicated:
As used in this article, shall mean any natural person, association,
partnership, firm, corporation engaged in transient retail business
within the Borough of Quarryville.
Includes homegrown farm products (including herbs and flowers)
and home-produced products therefrom, such as jellies, jams, pickles
and the like.
As used in this article, shall mean and include the following:
engaging in peddling, canvassing, soliciting or taking orders, either
by sample or otherwise, for any goods, wares, produce or merchandise,
not otherwise restricted, upon any of the streets or alleys, sidewalks
or public grounds, or from house to house within the Borough of Quarryville;
or selling, soliciting or taking orders for any goods, wares, produce
or merchandise, from a fixed location within the Borough, upon a temporary
basis, for a period of 90 consecutive days or less in any calendar
year, which shall include, but shall not be limited to, such activities
conducted at the time of special occasions or for or in advance of
fairs, carnivals, festivals or other celebrations on yearly holidays.
This article is not intended to apply to persons who may conduct a
private party demonstration or solicit product orders at a private
home showing.
B.
In this article, the masculine shall include the feminine and the
neuter, the singular shall include the plural, and the plural shall
include the singular.
A.
License. No person shall engage in any transient retail business
for any permitted period of time, within the Borough of Quarryville
without first having applied for, paid the fee of $30 in cash or certified
check, and obtain a license. The required fee shall be for the use
of the Borough in the administration of this article:
B.
Exemption to licensing fee. No license fee shall be charged under
this section to the following persons:
(1)
To farmers selling their own produce;
(2)
To those engaged in the sale of goods, wares, produce and merchandise,
donated by the owners thereof, the proceeds thereof 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 (not including ice
cream or other frozen desserts);
(4)
To those persons working without compensation and selling goods,
wares, produce or merchandise for the sole benefit of any nonprofit
corporation;
(5)
Personal yard sales and incidental sales;
(6)
Craft events, sponsored by a community-based nonprofit organization;
(7)
To a retail business located within the Borough of Quarryville which conducts sidewalk sales at or upon the sidewalk constituting part of the business premises. Such sales shall be limited not to exceed four times per calendar year of three days each. All other sidewalk sales shall be conducted so as not to violate the provisions of § 278-6D hereof;
(8)
All persons exempted hereby from payment of the license fee shall
be required to register with the Chief of Police and shall be subject
to all other provisions of this article;
(9)
Any person dealing in one or more of the hereinabove mentioned exempted
categories, and selling other goods, wares, produce 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, produce and
merchandise not in such exempted categories;
(10)
Every license issued under the provisions of this article shall
be issued on an individual or entity basis to persons engaging in
transient retail business; every such person engaging in a separate
transient retail business shall obtain a separate license, issued
in licensee's name with separate license fee imposed therefor.
Every person desiring a license under this article shall first
make application to the Chief of Police or other official as may be
so designated by Council 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.
A.
Upon receipt of the properly completed application and the prescribed
fee, the Chief of Police or other official as so designated by Council
shall issue the license for transient retail business.
B.
Every license holder shall carry the license upon his person, if
engaged in a transient retail business from house to house or upon
any of the streets, alleys, sidewalks or public grounds, or shall
display the license at the location where he shall engage in business,
if doing so at a fixed location. The licensee shall exhibit the license,
upon request, to all police officers, Borough officials, and citizens
or residents of the Borough.
The Police Committee of Quarryville Borough Council shall have
the authority to implement reasonable rules and regulations for the
enforcement and administration of this article. At a minimum, no person
engaged in any transient retail business shall:
A.
Sell any product or type product not mentioned in his license;
B.
Transfer his license to any other person;
C.
Engage in a transient retail business or attempt to do so under a
license issued to another person;
D.
When selling from a vehicle, stop or park such vehicle upon any of
the streets or alleys in the Borough for such a time period or in
such a manner as to impede the flow of traffic or otherwise prevent
or hinder the proper use of streets and sidewalks by automobiles and
pedestrians;
E.
Violate any of the ordinances of the Borough in the conduct of the
transient retail business.
A.
The Chief of Police may suspend or refuse to issue a license under
this article when he deems such action to be beneficial to the public
health, safety or morals, or for violation of any of the provisions
of this article, any of the ordinances of the Borough, or for giving
false information upon any application for a license hereunder.
B.
In the event that any such license shall be suspended, the person
to whom such license had been issued shall immediately surrender such
license to the Borough Police Department and cease to engage in such
transient retail business with the Borough.
C.
Any person failing or refusing to surrender such license and any
person continuing to engage in transient retail business after the
suspension of such license shall be guilty of violation of this article.
Any person aggrieved by the action of the Chief of Police in
refusing or suspending a license under this article may appeal in
writing to the Police Committee of the Borough Council for a hearing
with respect to such refusal or suspension. Thereupon, the Police
Committee shall hold such hearing and take action with respect thereto,
as it shall deem appropriate.
A.
Licenses issued under this article may be revoked by the Borough
Manager, after notice and hearing, for any of the following reasons:
(1)
Fraud, misrepresentation or false statement contained in the application
for such license;
(2)
Fraud, misrepresentation or false statement made in the conduct of
such transient retail business;
(3)
Any violation of this article;
(4)
Conviction of any crime or misdemeanor involving moral turpitude;
(5)
Conducting the transient retail business in an unlawful manner or
in such manner as to constitute a breach of the peace or a menace
to the health, safety, morals or general welfare of the community;
or
(6)
Violation of any other Borough ordinance in the conduct of transient
retail business.
B.
Notice of a hearing for revocation of a license shall be given to
the license holder in writing, setting forth specifically the grounds
for revocation and the time and place of the hearing. Such notice
shall be sent by certified mail, return receipt requested, to the
license holder at his last known address at least five days prior
to the date set for the hearing.
Any person who violates any provision of this article shall,
for every violation, upon conviction thereof, be sentenced to pay
a fine of $100 and costs of prosecution, and, in default of payment
of such fine and costs, to imprisonment for not more than 30 days.
Each day's violation of any of the provisions of this article
shall constitute a separate violation.
The provisions of this article shall be severable, and if any
section, part of section or provision thereof shall be held to be
unconstitutional, illegal or otherwise invalid, such decision shall
not affect the validity of any of the remaining sections, parts of
sections or provisions of this article. It is hereby declared as a
legislative intent that this article would have been adopted had such
unconstitutional illegal or otherwise invalid provisions not been
a part thereof.
