[Ord. 97-173, 2/6/1997]
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.
The activity of:
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 New Stanton; or
Selling, soliciting or taking orders for any goods, wares or
merchandise, from a fixed location within the Borough of New Stanton,
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.
When used in this Part, and unless the context clearly indicates
the contrary, the singular shall include the plural, the plural shall
include the singular, and the masculine shall include the feminine
and the neuter.
[Ord. 97-173, 2/6/1997]
No person shall engage in any transient retail business within
the Borough of New Stanton without first having obtained from the
Borough Secretary a license for which a fee which shall be for the
use of the Borough of New Stanton shall be charged, established pursuant
to a resolution of the Borough Council.
[Ord. 97-173, 2/6/1997]
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,[1] as amended, supplemented, modified or reenacted by the
General Assembly of Pennsylvania, and who procures from the Prothonotary
a certificate pursuant to the Act of 1867, as amended, supplemented,
modified or reenacted.
[1]
Editor's Note: 60 P.S. § 61 was repealed 11-24-1992
by P.L. 717, No. 108, § 3.
F.
To the seeking or taking of orders by insurance agents or brokers
licensed under the insurance laws of the Commonwealth 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/her, 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/her 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. 97-173, 2/6/1997]
1.
Every person desiring a license under this Part shall first make
application to the Borough Secretary for such license. The applicant
shall state:
A.
His criminal record, if any.
B.
Name and address of the person by whom he/she is employed.
C.
Type of goods, wares and merchandise he/she 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. 97-173, 2/6/1997]
Upon receipt of such application and the prescribed fee, the
Borough Secretary, if he/she 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/she shall engage in such business
if doing so at a fixed location. He/she shall exhibit such license,
upon request, to all police officers, municipal officials and citizens
or residents of the Borough of New Stanton.
[Ord. 97-173, 2/6/1997]
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 of New Stanton.
C.
When operating from a vehicle, stop or park such vehicle upon any
of the streets or alleys in the Borough of New Stanton 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
of New Stanton 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 7:00 p.m., prevailing time, on any day of the week other
than a Sunday or legal holiday.
F.
Approach, contact or enter onto any property or premises, public
or private, where there is displayed a "No Trespassing," "No Solicitation"
or similar sign, or when the owner or occupier makes such intentions
known to the licensee.
[Ord. 97-173, 2/6/1997]
The Borough Secretary shall supervise the activities of all
persons holding licenses under this Part. He/she shall keep a record
of all licenses issued hereunder and shall make a report thereof each
month to the Borough Council.
[Ord. 97-173, 2/6/1997]
The Borough Secretary is hereby authorized to deny, suspend
or revoke any license issued under this Part for violation of any
provisions 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 at the next regularly scheduled Council
meeting, after the petition of appeal. No part of a license fee shall
be refunded to any person whose license shall have been suspended
or revoked.
[Ord. 97-173, 2/6/1997]
The issuance of a permit pursuant to this Part shall not be
construed to authorize or permit any person to engage in transient
retail business on private premises. Any person engaging in the activities
regulated under this Part shall not engage in transit retail business
on any premises, public or private, where there is displayed a "No
Trespassing," "No Solicitation" or similar sign, or when the owner
or occupier makes such intentions known to such person.
[Ord. 97-173, 2/6/1997]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $600, plus costs, and, in default of payment
of said fine and costs, to imprisonment for not more than 30 days.
Each day that a violation of this Part continues shall constitute
a separate offense.
[Ord. 97-173, 2/6/1997]
As used in this Part, the following terms shall have the meanings
indicated:
Any person granted tax exempt status under § 501(c)(3)
of the Internal Revenue Code of 1986 [Public Law 99-514, 26 U.S.C.
§ 501(c)(3)] or any person who is or holds himself out to
be established for any charitable purpose or any person who in any
manner employs a charitable appeal as the basis of any solicitation
or an appeal which has a tendency to suggest there is a charitable
purpose to any solicitation. An affiliate of a charitable organization
which has its principal place of business outside this commonwealth
shall be a charitable organization for the purposes of this Part.
The term shall not be deemed to include:
Any bona fide, duly constituted organization of law enforcement
personnel, firefighters or other persons who protect the public safety
whose stated purpose in the solicitation does not include any benefit
to any person outside the actual active membership of the organization.
Any bona fide, duly constituted religious institutions and such
separate groups or corporations which form an integral part of religious
institutions, provided that:
Such religious institutions, groups or corporations are tax
exempt, pursuant to the Internal Revenue Code of 1986, as amended
and supplemented.
No part of their net income inures to the direct benefit of
any individual.
Their conduct is primarily supported by government grants or
contracts or funds solicited within their own memberships or congregations,
or fees charged for services rendered.
Any veteran's organization chartered under federal law
and the service foundation of such a veterans' organization recognized
in the bylaws of the veterans' organization.
Any direct or indirect request for a contribution on the
representation that such contribution will be used in whole or in
part for a charitable purpose, including, but not limited to, any
of the following:
Any oral request that is made in person, by telephone, radio
or television or other advertising or communication media.
Any written or otherwise recorded or published request that
is mailed, sent, delivered, circulated, distributed, posted in a public
place or advertised or communicated by press, telegraph, television
or any other media.
Any sale of, offer or attempt to sell any advertisement, advertising
space, sponsorship, book, card, chance, coupon, device, food, magazine,
merchandise, newspaper, subscription, ticket or other service or tangible
good, thing or item of value.
Any announcement requesting the public to attend an appeal,
assemblage, athletic or competitive event, carnival, circus, concert,
contest, dance, entertainment, exhibition, exposition, game, lecture,
meal, party, show, social gathering or other performance or event
of any kind.
The promise, grant or pledge of money, credit, property,
financial assistance or other thing of any kind or value in response
to a solicitation, including the payment or promise to pay in consideration
of a performance, event or sale of a good or service. Payment by members
of an organization for membership fees, dues, fines or assessments
or for services rendered to individual members, if such fees, dues,
fines or assessments confer a bona fide right, privilege, professional
standing, honor or other direct benefit, shall not be deemed contributions,
provided that membership is not conferred solely as consideration
for making a contribution in response to a solicitation. Government
grants or contracts shall not be deemed a contribution.
The use of books, pamphlets, handbills, cards, circulars,
pictures, films, tapes, disks, recordings, magazines or any other
storage medium or material for the dissemination of literature.
Any individual, organization, corporation, association, partnership,
trust, foundation or any other entity, however styled.
Any direct or indirect request for a contribution, including,
but not limited to, any of the following:
Any oral request that is made in person, by telephone, radio
or television or other advertising or communication media.
Any written or otherwise recorded or published request that
is mailed, sent, delivered, circulated, distributed, posted in a public
place or advertised or communicated by press, telegraph, television
or any other media.
Any sale of, offer or attempt to sell any advertisement, advertising
space, sponsorship, book, card, chance, coupon, device, food, magazine,
merchandise, newspaper, subscription, ticket or other service or tangible
good, thing or item of value.
Any announcement requesting the public to attend an appeal,
assemblage, athletic or competitive event, carnival, circus, concert,
contest, dance, entertainment, exhibition, exposition, game, lecture,
meal, party, show, social gathering or other performance or event
of any kind.
[Ord. 97-173, 2/6/1997]
It shall be unlawful for any person to engage in solicitation or literature distribution, as defined in § 13-201 of this Part, within the limits of the Borough of New Stanton without first applying for and obtaining a permit from the Borough, or without at all times while engaged in solicitation or literature distribution, displaying an identification card as herein provided. It shall also be unlawful for any person to solicit contributions or have contributions solicited for any charitable organization that does not have an approved registration statement filed with the Department of State of the Commonwealth of Pennsylvania, pursuant to the provisions of the "Solicitation of Funds for Charitable Purposes Act."[1]
[1]
Editor's Note: See 10 P.S. § 162.1 et seq.
[Ord. 97-173, 2/6/1997]
1.
A sworn application, in writing, for a permit under this Part must
be filed in duplicate with the Borough Secretary at least three days
in advance of the first day sought for solicitation on a form to be
furnished by the Borough of New Stanton, and shall state:
A.
The full name and address (legal and local) of the person or organization
sponsoring, conducting or promoting the solicitation or distribution.
B.
Whether or not the applicant is a branch or division of a national
organization and, if so, the name thereof, and the mailing and street
address of same.
C.
The purpose or object of the solicitation or literature distribution.
D.
The dates of the solicitation or literature distribution.
E.
The persons who will engage in the solicitation or literature distribution,
the address of each, and the sex, height, weight, color of hair and
color of eyes of each.
F.
A statement as to whether any person who will participate in the
solicitation or literature distribution has ever been convicted of
engaging in a fraudulent transaction or enterprise, a felony or other
criminal offense involving moral turpitude.
G.
A statement as to whether the applicant is a charitable organization
as herein defined and, if such, whether the applicant is registered
with the Commonwealth of Pennsylvania pursuant to the "Solicitation
of Funds for Charitable Purposes Act,"[1] or is exempt from registration under that Act.
[1]
Editor's Note: See 10 P.S. § 162.1 et seq.
H.
Each application shall be accompanied by a two-inch-wide by three-inch-high,
full-face photograph of each and every person who shall engage in
solicitation or literature distribution, pursuant to any permit issued
under this Part.
2.
A fee, in an amount as established pursuant to resolution of the
Borough Council, shall be required for the filing of the application.
[Ord. 97-173, 2/6/1997]
1.
The application shall be registered in a book called the "Registry
Book." The application for permit shall be granted within 48 hours
after the application has been filed unless, upon investigation by
the Borough, one or more of the following facts are found to exist:
A.
That one or more of the statements in the application is not true.
B.
That the applicant or any agent or representative of the applicant
who will participate under the permit has been convicted of engaging
in a fraudulent transaction or enterprise, a felony or other criminal
offense involving moral turpitude, in which case the permit shall
be denied to the applicant or to the agent or representative so convicted.
C.
When the applicant or any agent or representative of the applicant
who will participate under the permit has previously violated any
of the terms and provisions of this Part or any prior permit issued
hereunder for the same type of solicitation or literature distribution.
D.
The application is incomplete or inaccurate.
[Ord. 97-173, 2/6/1997]
Any permit granted hereunder may be canceled or revoked after
issuance if any of the literature provided in the application should
subsequently be discovered to be false, incomplete or inaccurate,
or if the permittee or any person acting pursuant to the permit violates
the conditions of the permit, or the conditions of this Part during
the solicitation or literature distribution period.
[Ord. 97-173, 2/6/1997]
It shall be unlawful for a charitable organization to distribute literature or any other article within the limits of the Borough of New Stanton, whether or not solicitation for money or anything of monetary value is involved, without first applying for and obtaining a permit in accordance with §§ 13-203 through 13-205 set forth above.
[Ord. 97-173, 2/6/1997]
Within 10 days after notice of denial, cancellation or revocation
has been mailed, the applicant shall notify the Borough of New Stanton,
in writing, of his intent to appeal said action. Within 30 days after
receipt of said notice to appeal, the Borough Council shall hold a
hearing on the appeal and render a decision.
[Ord. 97-173, 2/6/1997]
Upon issuance of a permit, the Borough Secretary shall note
this fact in the Registry Book and shall, at that point, issue to
the applicant, and to any agent or representative of the applicant
who will participate under the permit, an identification card, which
card shall state the applicant's name, address, sex, height,
color of hair and eyes and full name of the charitable organization
which he/she or she represents, and display the photograph of such
person.
[Ord. 97-173, 2/6/1997]
1.
When permits for solicitation or literature distribution or a combination
of the two are granted, the following rules and standards shall apply:
A.
Location. The issuance of a permit pursuant to this Part shall not
be construed to authorize or permit solicitation or distribution of
literature on private premises. Any person engaging in the activities
regulated under this Part shall not solicit or distribute literature
on or to any premises, public or private, where there is displayed
a "No Trespassing," "No Solicitation" or similar sign, or when the
owner or occupier makes such intentions known to the solicitor or
literature distributor.
B.
Time. Permit holders shall only solicit or distribute literature
during the hours of 9:00 a.m. to 7:00 p.m., prevailing time.
C.
Manner of Operation. Each person included in a permit shall wear
the identification card issued by the Borough of New Stanton on the
upper clothing and in a manner clearly visible to the public. It shall
not be transferred to another person and must be returned to the Borough
Secretary at the expiration of the permit.
[Ord. 97-173, 2/6/1997]
A permit shall expire 30 days from the date of issuance. A permit
may be renewed for successive 30 day intervals if written request
for the same is received by the Borough Secretary within the period
of 10 days prior to the permit expiration date and the request for
renewal contains a statement that the request is predicated on the
same literature as contained in the original application.
[Ord. 97-173, 2/6/1997]
Any person who shall violate any provision of this Part shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$600, plus costs, and, in default of payment of said fine and costs,
to imprisonment for a term not to exceed 30 days. Each day that a
violation of this Part continues shall constitute a separate offense.
