[HISTORY: Adopted by the Borough Council
of the Borough of Mount Pocono as indicated in article histories.
Amendments noted where applicable.]
[Adopted 3-5-1984 by Ord. No. 2-1984]
No person, partnership, corporation, group of
persons or other legal entity shall engage in any transient retail
business within the Borough of Mount Pocono for the sale of goods,
wares, or merchandise, whether such business shall be conducted from
a fixed location within the Borough or by any peddling, soliciting,
or taking of orders from house to house, or place to place, unless
and until a license shall first have been obtained from the Zoning
Officer of the Borough authorizing said business activity. Any such
license issued shall be for a period of 30 days and shall require
the payment of a license fee in an amount to be fixed by resolution
of Borough Council from time to time, and which said license fee shall
bear a reasonable relationship to the cost of administering this article.
Applications for a license shall be made on
a form approved by the Borough Council and shall include the following
information:
A.
Name and permanent address of the person or other
legal entity conducting the business activity.
B.
Tax identification number of the applicant and evidence
that the applicant is in compliance with all federal, state, and local
laws and regulations governing the conduct of said business activity.
C.
The name, address, and photograph of the individual
or individuals authorized by the applicant to conduct the business
on the applicant’s behalf within the Borough; if a motor vehicle
is to be used in the business, a description of the motor vehicle,
together with the registration number of the vehicle.
D.
Such other information as the Zoning Officer may from
time to time find necessary in order to provide for the public health,
safety, and welfare of the Borough of Mount Pocono.
The following activities, although required
to comply with the application provisions of this article, shall be
exempt from the payment of any license fee:
A.
Farmers selling their own produce.
B.
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.
Any manufacturer or producer of bread and bakery products,
meat and meat products, or milk and milk products.
D.
Sales by a resident at his or her residence for a
period not to exceed four days in any calendar year.
The issuance of a license pursuant to this article
shall not confer upon any applicant any exclusive right to any particular
location in or upon the public streets of the Borough and shall not
authorize a business activity in such a way as to interfere with the
free and unimpeded flow of vehicular or pedestrian traffic within
the Borough. Any application in conflict with this section shall be
denied or revoked when necessary in the interest of the public health,
safety, and welfare of the Borough of Mount Pocono.
Any person, partnership, corporation, group
of persons, or other legal entity violating the provisions of this
article shall, upon conviction thereof, be subject to a fine or penalty
not in excess of $1,000 for any single violation of this article,
plus costs of prosecution, and, in default of payment of such fine
and costs, by imprisonment for not more than 30 days. Each day that
a violation of this article occurs or continues shall constitute a
separate and distinct violation of this article.
[Adopted 8-19-1991 by Ord. No. 6-1991]
This article shall be known as the "Charitable
Soliciting Ordinance."
This article will apply to all individuals,
associations, corporations, groups, or any other entity which solicits
or intends to solicit door-to-door at businesses or residences in
the Borough of Mount Pocono.
As used in this article, the following terms
shall have the meanings indicated:
A request, in any form whatsoever, for a payment or donation
of cash, goods or services from any business located in or resident
of the Borough of Mount Pocono.
This article shall apply to all charitable organizations,
as that term is defined in the Solicitation of Funds for Charitable
Purposes Act, 10 P.S. § 162.1 et seq. Any party exempt under
said statute shall also be exempt hereunder.
Any party soliciting in the Borough of Mount
Pocono shall fully comply with the Solicitation of Funds for Charitable
Purposes Act, 10 P.S. § 162.1 et seq.
[Amended 4-19-2004 by Ord. No. 3-2004]
Prior to engaging in any solicitations in the
Borough of Mount Pocono, the party conducting such solicitation shall
register with the Zoning Officer of Mount Pocono Borough, and produce
for examination by the Zoning Officer or his designee the registration
statement required to be filed with the Commonwealth of Pennsylvania,
Department of State, concerning registration with the Commonwealth
of Pennsylvania of any charitable group wishing to seek contributions
in the Commonwealth of Pennsylvania. The Zoning Officer or his designee
shall issue to the applicant a permit, which shall be valid for a
period of 30 days after issuance. The applicant shall keep the permit
with them during all solicitation in the Borough of Mount Pocono,
and produce the same for inspection at the request of any individual
to whom solicitations are directed.
[Amended 4-19-2004 by Ord. No. 3-2004]
Soliciting shall be permitted in the Borough
of Mount Pocono during the hours of 10:00 a.m. to 6:00 p.m., Monday
through Saturday. Soliciting shall not be permitted at hours or times
other than indicated above. There shall be no soliciting in the Borough
on Sundays.
A violation of this article shall constitute
a summary offense, punishable by a fine not to exceed $1,000, plus
costs of prosecution, and, in default of payment of such fine and
costs, by imprisonment not to exceed 30 days. For purposes of this
article, each separate solicitation shall constitute a separate offense
hereunder.
