[HISTORY: Adopted by the Borough Council of the Borough of
Houston as indicated in article histories. Amendments noted where
applicable.]
[Adopted 9-18-1985 by Ord. No. 411 (Ch. 13, Part 3, of the 1985 Code
of Ordinances)]
A.
LEGAL HOLIDAY
PERSON
TRANSIENT RETAIL BUSINESS
(1)
(2)
As used in this article, 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 or in advance of specific 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 without first having obtained from the Mayor a permit,
for which a fee, which shall be for the use of the Borough, shall
be charged:
A.
No permit fee shall be charged:
(1)
To farmers selling their own produce;
(2)
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;
(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 or Girl Scouts or similar organizations;
(5)
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
(1982),[1] 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;
[1]
Editor's Note: 60 P.S. § 61 was repealed 5-5-1933
by P.L. 289, Art. XI, § 1102. See now 10 P.S. § 162.1
et seq., the Solicitation of Funds for Charitable Purposes Act.
(6)
To the seeking or taking of orders by insurance agents or brokers
licensed under the insurance laws of the Commonwealth of Pennsylvania;
(7)
(8)
For taking orders for merchandise, by sample, from dealers or merchants
for individuals or companies who pay a permit or business privilege
tax at their chief place of business.
B.
But all persons exempted hereby from the payment of the permit fee
shall be required to register with the Mayor and obtain a permit 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 permit 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 Mayor may similarly exempt from payment of the
permit 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 permit
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 permit fee hereby imposed shall be applicable to
every such individual permit, except that a representative of a charitable
organization may obtain permits for the applicants therein.
Every person desiring a permit under this article shall first
make application to the Mayor for such permit. He shall, when making
such application, exhibit a valid permit from any state or county
officer, if such permit is also required. The applicant shall state:
A.
His criminal record, if any;
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 permit is to be issued; and
E.
Type and permit number of the vehicle to be used, if any.
[Amended 9-18-1985 by Ord. No. 411]
Upon receipt of such application and the prescribed fee, the
Mayor, if he shall find such application in order, shall issue the
permit required under this article. Such permit shall contain the
information required to be given on the application therefor. Every
permit holder shall carry such permit 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 permit
at the location where he shall engage in such business if doing so
at a fixed location. He shall exhibit such permit, upon request, to
all police officers, municipal officials, and citizens or residents
of the Borough.
No person in any transient retail business shall:
A.
Sell any product or type of product not mentioned in his permit;
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 10:00
a.m. or after 8:00 p.m. on any day of the week other than a Sunday
or legal holiday.
The Mayor shall supervise the activities of all persons holding
permits under this article. He shall keep a record of all permits
issued hereunder and shall make a report thereof each month to the
Borough Council.
The Mayor is hereby authorized to suspend or revoke any permit
issued under this article when he deems such suspension or revocation
to be beneficial to the public health, safety, or morals, for violation
of any provision of this article, or for giving false information
upon any application for a permit hereunder. Appeals from any suspension
or revocation may be made to the Borough Council at any time within
10 days after such suspension or revocation. No part of a permit fee
shall be refunded to any person whose permit shall have been suspended
or revoked.
[Amended 10-12-1988]
Any person who shall be convicted before a Magisterial District Judge
for violating or failing to carry out any of the provisions or requirements
of this article or of neglecting, failing or refusing to furnish complete
and correct returns or to pay over any tax levied by this article
at the time required, or of knowingly making any incomplete, false
or fraudulent return; or of doing or attempting to do anything whatever
to evade the payment of the whole or any part of the tax imposed under
this article shall be liable to a fine or penalty not exceeding $600
for each and every offense, and/or to imprisonment in the county jail
for not more than 90 days, provided that such fine or penalty shall
be in addition to any other penalty imposed by any other section of
this article.
