[HISTORY: Adopted by the Borough Council of the Borough of Lansford 7-12-1988 by Ord. No. 88-5 (Ch. 13, Part 3, of the 1992 Code of Ordinances). Amendments noted where applicable.]
A. 
As used in this chapter, 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, or public ground, or from house to house, within the Borough of Lansford; or
(2) 
Selling, soliciting, or taking order for any goods, wares, or merchandise from a fixed location within the Borough of Lansford 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.
[Amended 1-7-1992 by Ord. No. 92-1]
No person shall engage in any transient retail business within the Borough of Lansford without first having obtained from the Chief of Police a license, for which a fee, which shall be for the use of the Borough of Lansford, shall be established 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 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;[1]
[1]
Editor's Note: Original Sec. 303.1E, which regarded honorably discharged members of the armed services, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(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 any 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
But all persons exempted hereby from the payment of the license fee shall be required to register with the Chief of Police 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 Chief of Police 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 chapter 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 therein.
C. 
Any person or individual that is merely proselytizing for either religious or political purposes, distributing religious or political handbills at no cost, or exercising the right to anonymous religious or political speech without soliciting any funds and without selling any goods or soliciting for contributions is not required to obtain a license or register with the Borough.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Every person desiring a license under this chapter shall first make application to the Chief of Police 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 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 license is to be issued;
E. 
Type and license number of the vehicle to be used, if any;
F. 
Federal identification number; and
G. 
Sales tax permit number.
Upon receipt of such application and the prescribed fee, the Chief of Police, if he shall find such application in order, shall issue the license required under this chapter. 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 street, alleys, sidewalks or public grounds, or shall display such license at the location where he shall engaged in such business if doing so at a fixed location. He shall exhibit such license, upon request, to all police officers, Borough officials, and citizens or residents of the Borough of Lansford.
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 Lansford;
C. 
When operating from a vehicle, stop or park such vehicle upon any of the streets or alleys in the Borough of Lansford 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 street or alleys in the Borough of Lansford for the purpose of sorting, rearranging or cleaning any of his goods, wares or merchandise or of disposing of any carton, wrapping material, 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 dusk on any day of the week other than a Sunday or legal holiday.
The Chief of Police shall supervise the activities of all persons holding licenses under this chapter. He shall keep a record of all licenses issued hereunder and shall make a report thereof each month to the Lansford Borough Council.
The Chief of Police is hereby authorized to suspend or revoke any license issued under this chapter when he deems such suspension or revocation to be beneficial to the public health, safety or morals for violation of any provision of this chapter, or for giving false information upon any application for a license hereunder. Appeals from any suspension or revocation may be made to the Lansford Borough Council at any time within 10 days after such suspension or revocation. No part of a license fee shall be refunded to any person whose license shall have been suspended or revoked.
[Amended 1-7-1992 by Ord. No. 92-1; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the Borough correctional facility for a period not exceeding 10 days or to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Carbon County.