[HISTORY: Adopted by the Borough Council of the Borough of Birdsboro 6-10-2013 by Ord. No. 445. Amendments noted where applicable.]
The following words, when used in this chapter, shall have the following meanings:
BOROUGH
The Borough of Birdsboro, Berks County, Pennsylvania.
LEGAL HOLIDAY
New Year's Day, Easter, Memorial Day, 4th of July, Labor Day, Thanksgiving, Christmas.
PEDDLER
Any person with no fixed place of business who goes from house to house, from place to place, or from street to street by any means carrying or transporting goods, wares, or merchandise and offering or exposing the same for sale or making sales and deliveries for purchase.
PERSON
Any natural person, partnership, association, corporation, or other legal entity.
SOLICITOR
Any person who goes from house to house, from place to place, or from street to street, soliciting, or taking, or attempting to take orders for any goods, wares, or merchandise, including but not limited to books, periodicals, magazines, or personal property of any nature whatsoever, for future delivery or services, including but not limited to lawn care, alarm system services, or cleaning services. A solicitor is not a peddler.
TRANSIENT LEGAL BUSINESS
A. 
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.
B. 
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 shall 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.
C. 
A transient legal business shall be further defined as any person engaging in the activities of Sub- sections A and B of this definition for a period of time less than 90 days.
A. 
No person shall engage in any transient retail business within the Borough without first having obtained from the Chief of Police a license, for which a fee, which shall be for the use of the Borough, shall be charged and paid to the Borough's Business Office in an amount to be established from time to time by resolution of the Borough Council of Birdsboro. At the expiration of any license, if the person holding the license shall desire to continue the transient retail business set forth on said license, he or she shall be required to file a new application for a license and pay a new license fee.
B. 
Provided, however, that no license fee shall be charged under this Chapter for the following activities:
(1) 
Any person soliciting for the purpose of religious proselytizing, anonymous political speech, and the distribution of handbills related thereto.
(2) 
To farmers selling their own produce.
(3) 
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.
(4) 
To any manufacturer or producer in the sale of bread and bakery products, meat and meat products, or milk and milk products.
(5) 
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 organization.
(6) 
To a person who has registered with the Department of State for the Commonwealth of Pennsylvania under the provisions of the Solicitation of Funds for Charitable Purposes Act, 10 P.S. § 162.1 et seq., as hereinafter amended, supplemented, modified, or reenacted by the General Assembly of Pennsylvania, or who is expressly exempted from such registration under such Act.
(7) 
To the seeking or taking of orders by insurance agents or brokers licensed under the insurance laws of the Commonwealth of Pennsylvania.
(8) 
To an organization which has been granted an exemption by the United States Internal Revenue Service under Section 501C or 509A of the United States Internal Revenue Code.
C. 
Any person claiming an exemption outlined above shall provide the Borough with such documentation as required by the Borough demonstrating that the person qualifies for said exemption.
D. 
All persons exempted hereby from the payment of the license fee shall, however, be required to register with the Chief of Police and to obtain a license without a fee; provided further, that 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 a license fee fixed by this Chapter for their activities in connection with the sale of goods, wares, or 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 the Borough, all persons working without compensation and selling goods, wares, or merchandise for the sole benefit of any nonprofit corporation as the same is defined herein; provided further, that every license issued under the provisions of this Chapter shall be issued on an individual basis to any person(s) 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 the license for the applicants thereon provided that the appropriate documentation and authentication required of such applicants is supplied to the Chief of Police of the Borough.
E. 
No person licensed under this Chapter shall occupy any fixed location upon any of the streets, alleys, sidewalks, or public grounds of the Borough with or without any stand or counter.
F. 
No persons licensed under this Chapter shall park any vehicle upon any of the streets or alleys of the Borough in order to sort, rearrange, or clean any of its goods, wares, or merchandise; nor may any such person place or deposit any refuse upon any such streets or alleys; nor may any such person maintain or keep a street or curbstone market by parking any vehicle upon any street or alley in the Borough for longer than necessary in order to sell or distribute to persons residing in the immediate vicinity.
Each individual or group intending to engage in peddling or soliciting must first obtain a license at least five business days in advance of the beginning of the first time period for which such intended peddling or soliciting will occur. Any person desiring such license under this Chapter shall first make application to the Chief of Police of the Borough for such license. If such person shall also be required to obtain a license from any state or county officer or official, he shall, when making such application, exhibit a valid license or permit from such state or county officer or official. The applicant for a license from the Borough shall state as follows:
A. 
The applicant's permanent address, telephone number, and cell phone number.
B. 
The applicant's criminal record, if any.
C. 
The name and address of the person by whom the applicant is employed together with the applicant's supervisor's or contact person's name and telephone number.
D. 
A description of the type of goods, wares, and merchandise the applicant wishes to deal with in such transient retail business.
E. 
The location on private property where sales will be conducted if a fixed location is to be used. Compliance with all applicable zoning and building code regulations is required.
F. 
The length of time for which the license is to be issued.
G. 
The type and license number of the vehicle to be used, if any.
H. 
The applicant shall produce a state driver's license or other state government issued permit to drive a motor vehicle.
Upon receipt of such application and the prescribed license fee, the Chief of Police, if he/she found 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 streets, alleys, sidewalks, or public grounds, or display such license at the location where he shall engage in such business if doing so at a fixed location. The holder of such license shall exhibit such license upon request to all police officers, municipal officials, and citizens or residents of the Borough. The license holder shall only be entitled said license for the length of time for which the license is issued.
No person whose activities fall within the purview of such activities defined in this Chapter shall:
A. 
Sell any product or type of product not specifically described in his or her license.
B. 
Hawk or cry his or her wares upon the streets, alleys, sidewalks, or other public grounds of the Borough.
C. 
When operating from a vehicle, stop or park such vehicle upon any of the streets or alleys of the Borough for longer than necessary in order to sell therefrom to the persons residing or working in the immediate vicinity.
D. 
Park any vehicle upon any of the streets or alleys or lands of the Borough for the purpose of cleaning any of the goods, wares, or other merchandise or disposing of any carton, wrapping material, or any stock or wares or foodstuffs which have become unsellable through handling, age, or otherwise.
E. 
Enter or attempt to enter any dwelling or other building without the invitation or permission of the occupant; the licensed peddler shall immediately leave the premises upon request of the occupant.
F. 
Utilize any license issued by the Borough in any other municipality or hold himself or herself out to be licensed in any other municipality by virtue of his licensing in the Borough.
G. 
Permit any other person to utilize or have possession of his or her license and agrees to immediately report its loss to the Borough.
H. 
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 6:00 p.m. on any day of the week other than a Sunday or legal holiday.
The Chief of Police or his designee shall supervise the activity of all persons holding licenses under this Chapter. He shall keep a record of all such licenses issued hereunder and shall make a report each month to the Borough Council upon request of such Council.
A. 
The Chief of Police or Borough Manager are hereby authorized to suspend or revoke any license issued under this Chapter when he or she deems such suspension or revocation to be beneficial to the public health, safety, and morals of the citizens of the Borough or for a violation of any provision of this Chapter or for giving false information upon any application for a license hereunder. No part of a license fee shall be refunded to any person whose license has been suspended or revoked. Any person whose license is suspended or revoked shall immediately surrender his or her license to the Borough.
B. 
Appeals from any such suspension or revocation may be made to the Borough Council at any time within 10 days after such suspension or revocation. Borough Council shall hold a hearing on such appeal on or before the date of its next regularly scheduled Council meeting, with appropriate notice given to the person whose license has been suspended or revoked.
A. 
Any person, firm, or corporation who shall violate any provision of this Chapter, upon conviction thereof and an action brought before a Magisterial District Judge in a manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $100 and not more than $1,000 plus costs, and, in default of the payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Chapter continues or each Section of this Chapter which shall be found to be violated shall constitute a separate offense.
B. 
All peddlers and solicitors, including nonprofit corporations and agencies, shall hold the Borough harmless from any liability, damage, or injury which causally related to an act of ordinary negligence on the part of such peddler or solicitor.