[HISTORY: Adopted by the Borough Council of the Borough of Cheswick as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-15-2003 by Ord. No. 744-C]
A. 
As used in this article, the following terms shall have the meanings indicated unless a different meaning clearly appears from the context:
LEGAL HOLIDAY
New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas.
PERSON
Any natural person, partnership, association, corporation, or other legal entity.
TRANSIENT RETAIL BUSINESS
(1) 
Engaging in peddling, soliciting, or taking orders, either by sample or otherwise, for any goods, wares or merchandise upon any street, alley, sidewalk, road, highway or public ground or from house within the Borough of Cheswick.
(2) 
Selling, soliciting, or taking orders for any goods, wares or merchandise from a fixed location within the Borough of Cheswick 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.
B. 
The singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and the neuter.
No person shall engage in any transient retail business within the Borough of Cheswick without first having obtained from the Borough Secretary a license for which a fee, to be used to cover the ordinary administrative costs of the Borough of Cheswick for processing a licence application, shall be charged, a fee to be in such amount as set forth in the certain schedule of fees as adopted and amended from time to time by resolution of the Borough Council.
A. 
No license fee shall be charged:
(1) 
To farmers selling their own produce;
(2) 
For the sale goods, wares and merchandise donated by the owners thereof, the proceeds whereof 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, Girl Scouts or church groups or similar organizations;
(5) 
To the seeking or taking of orders by insurance agents or brokers licensed under the insurance laws of the Commonwealth of Pennsylvania;
(6) 
To a person who has complied with the provisions of the Solicitation of Funds for Charitable Purposes Act, 10 P.S. § 162.1 et seq., as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania;
(7) 
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 if business;
(8) 
To those who are conducting yard sales(s) on their own real estate or adjoining real estate;
(9) 
For the taking of orders, sales and delivery of goods, wares or merchandise by volunteer fire department(s) or auxiliaries; and
(10) 
Any person or individual that is either proselytizing for either religious or political purposes, distributing religious or political handbills at no cost, or exercising their right to anonymous religious or political speech without soliciting any funds and without selling any goods or soliciting for contributions.
B. 
However, 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 except for such specified activities as described in § 126-3A(1), (4), (8), (9) and (10) aforedescribed, for which registration and a license is not required, provided any person dealing in one or more of the above-mentioned exempted categories, and dealing with other goods, ware or merchandise not so exempted, shall be subject to the payment of the license fee fixed by this section for activities in connection with the sale of goods, wares and merchandise not in such exempted categories; provided, further, the Secretary may similarly exempt from payment of the license fees, but not from registering with him/her persons working without compensation and selling goods, wares or merchandise for the sole benefit of a nonprofit corporation; provided, further, every license issued under the provisions of this article 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 all applicants. Nothing contained in this chapter shall be held to prohibit any sale required by statute or by any order of court or to prevent a bona fide auction sale pursuant to law.
Every person desiring a license under this article shall first make a application to the Borough Secretary for such license. He shall, when making such application, exhibit a valid license and/or permit from any Pennsylvania or Allegheny County officer if such license and/or permit is also required to be issued to the applicant by any and all laws and regulations of the Commonwealth of Pennsylvania, County of Allegheny, any other entity required before the purposed activity is to begin in the Borough. The applicant shall state:
A. 
His criminal record, if any;
B. 
Name and address of the person and by his employer;
C. 
Type of goods, wares, and merchandise he wishes to deal with in such transient retail business;
D. 
Length of time for which the license is to be issued;
E. 
Type and license number of the vehicle to be used, if any;
F. 
Prior such activity in the Borough;
G. 
Any license or permit number and copy thereof as required by the Commonwealth of Pennsylvania or other like entity for such activity;
H. 
A recent photograph of the applicant; and
I. 
The applicant shall submit his or her fingerprints upon a noncriminal file card, which can be reclaimed upon the expiration of the license.
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 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, roads, highways, 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 of Cheswick.
No persons 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, blow a horn, ring a bell or use any amplifying device upon any streets, roads, highways, alleys, sidewalks or public grounds in the Borough of Cheswick;
C. 
When operating from a vehicle, stop or park such vehicle upon any of the streets or alleys in the Borough of Cheswick for longer than necessary in order to sell therefrom to persons residing or working in the immediate vicinity;
D. 
Park a vehicle upon any of the streets or alleys in the Borough of Cheswick for the purpose of sorting, rearranging or cleaning any of his goods, wares or merchandise, or disposing of any carton, wrapping material or stock, wares or foodstuffs which have become unsalable through handling, age, or otherwise; and
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 5:00 p.m. on any day of the week other than a Sunday or legal holiday except such business activities as described in § 126-3, Exceptions, Subsection A(1), (4), (8), (9) and (10), for which business activities only there shall be no time or day restrictions.
The Borough 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 Borough Council.
The Borough Secretary is hereby authorized, to deny, suspend or revoke any license issued under this article 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 the article, 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 the 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.
[Amended 5-17-1988 by Ord. No. 663-C]
Any person, firm or corporation violating any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not less than $50 nor more than $1,000, plus costs, per violation and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate offense.
All ordinances or part of ordinances which are inconsistent herewith are hereby repealed.
If any sentence, clause, section, subsection, or part of this article is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections, subsections, or parts of this article. It is hereby declared as the intent of the Borough Council that this article would have been adopted had such unconstitutional, illegal, or invalid sentence, clause, section, or part there of not been included herein.
This article shall become effective on July 15, 2003.