[HISTORY: Adopted by the City Council of the City of Lancaster
as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-23-2009 by Ord. No. 6-2010[1]]
[1]
Editor's Note: This ordinance also repealed former Ch. 186,
Licensing of Businesses, adopted as Art. 319 of the Codified Ordinances.
This article shall also be known as the "Vendor and Peddler
Licensing Ordinance."
It is not intended by this article to repeal, abrogate, annul
or in any way impair or interfere with existing provisions of other
laws or ordinances, except those specifically repealed by Ordinance
No. 16-1980, adopted September 23, 1980. Where this article imposes
a greater restriction upon persons, premises or personal property
than is imposed or required by such existing provisions of law, ordinance,
contract or deed, the provisions of this article shall control.
A.
For the purpose of this article, the following terms, phrases, words
and their derivations shall have the meanings given herein. When not
inconsistent with the context, words used in the present tense include
the future, words in the plural number include the singular number,
words in the singular number include the plural number, and words
of the masculine gender shall include the feminine. The word "shall"
is always mandatory and not merely directory.
B.
BUSINESS
CITY
COUNCIL
ELECTRONICALLY TRANSMITTED
ELECTRONIC FORMAT
LICENSE or LICENSEE
PERSON
POLICE or BUREAU OF POLICE
PREMISES
As used in this article, the following words shall have the meanings
indicated:
All kinds of vocations, occupations, professions, enterprises,
establishments and all other kinds of activities and matters, together
with all devices, machines, vehicles and appurtenances used therein,
which are conducted for profit, or benefit, directly or indirectly,
on any premises in the City.
The City of Lancaster, Pennsylvania.
The City Council of the City of Lancaster.
Transmitted to the Chief of Police or his designee by facsimile,
e-mail or other electronic transmission method approved by the Chief
of Police.
[Added 7-22-2014 by Ord. No. 8-2014]
Any format accepted and approved by the Chief of Police which
can be electronically transmitted.
[Added 7-22-2014 by Ord. No. 8-2014]
Includes respectively the words "permit" or "permittee" or
the holder for any use or period of time of any similar privilege,
wherever relevant to any provision of this article or other law or
ordinance.
Individual natural persons, partnerships, joint ventures,
societies, associations, clubs, trustees, trusts or corporations,
limited liability companies, or any officers, agents, employees, partners,
stockholders, members, factors or any kind of personal representatives
of any of the above, in any capacity, acting either for himself, or
for any other person, under either personal appointment or pursuant
to law.
[Amended 7-22-2014 by Ord. No. 8-2014]
The Bureau of Police of the City or a Bureau of Police employee
responsible for oversight and licensing as designated by the Chief
of Police.
All lands, structures, places, and also the equipment and
appurtenances connected or used therewith in any business, and also
any personal property which is either affixed to, or is otherwise
used in connection with any such business conducted on such premises.
A.
Compliance required. No person, either directly or indirectly, shall
conduct any business or use in connection therewith any vehicle, premises,
machine or device, in whole or in part, for which a license or permit
is required by this article without a license or permit therefor being
first procured and kept in effect at all such times as required by
this article or other law or ordinance of the City. A person conducting
any business which involves either wholly or in part a combination
of one or more of the types of business activities regulated hereunder
shall be required to obtain a separate license for each type of business
conducted and shall comply with all requirements and regulations for
each type of business; provided, however, that such person shall pay
only one license fee, which shall be the fee to the business having
the highest fee.
B.
Agents responsible for obtaining license. The agents or other representatives
of nonresidents who are doing business in the City shall be personally
responsible for the compliance with this article of their principals
and of the businesses they represent.
A.
Issuance of licenses. The Bureau of Police shall collect all license
fees imposed hereunder and shall issue licenses in the name of the
City to all persons qualified under the provisions of this article
and shall:
(1)
Make rules: promulgate and enforce all reasonable rules and regulations
necessary to the operation and enforcement of this article, including,
without limitation, modifying and/or promulgating rules including
regulations regarding the format and substance of forms to be submitted
in accordance with this article, rules and regulations regarding the
types of items and/or definitions of items which are subject to the
reporting requirements of this article, and regulations regarding
the time periods pursuant to which reports required hereunder must
be submitted.
[Amended 7-22-2014 by Ord. No. 8-2014]
(2)
Adopt forms: adopt all forms and prescribe the information to be
given therein.
(3)
Require affidavits: require applicants to submit all affidavits and
oaths necessary to the administration of this article.
(4)
Obtain endorsement: submit all applications, in a proper case, to
appropriate City officials for their endorsements thereon as to compliance
by the applicant with all City regulations which they have the duty
of enforcing.
(5)
Investigate: investigate and determine the eligibility of any applicant
for a license.
(6)
Examine records: examine the books and records related to information
required to be kept or maintained by this article of any applicant
or licensee when reasonably necessary to the administration and enforcement
of this article.
(7)
Give notice: notify any applicant of the acceptance or rejection
of his application and shall, upon refusal of any license or permit,
at the applicant's request, state in writing the reasons therefor
and deliver them to the applicant.
(8)
Enforcement powers: take all action necessary to carry out the provisions
of this article, including but not limited to institution of summary
criminal proceedings, filing civil or equitable actions, revocation
of licenses and any other appropriate legal action.
B.
Information confidential. The Bureau of Police shall keep all information
furnished or secured under the authority of this article in strict
confidence, excepting names and addresses of licensees. Such information
shall not be subject to public inspection and shall be kept so that
the contents thereof shall not become known except to the persons
charged with the administration of this article.
The general standards herein set out relative to the qualifications
of every applicant for a City license shall be considered and applied
by the Bureau of Police.
A.
Good moral character. Each shall be of good moral character. In making
such determination the Bureau of Police shall consider only:
(1)
Penal history and police contacts. This shall be determined through
a thorough background check of Federal Bureau of Police criminal history
records as well as a query of police contacts and Court records as
deemed appropriate.
(2)
License history: the license history of the applicant; whether such
person, in previously operating in this or another state under a license
has had such a license revoked or suspended and the reasons therefor.
B.
No obligations to the City. Each applicant shall be in default under
the provisions of this article if indebted or obligated in any manner
to the City except for current taxes.
C.
Compliance with building and zoning laws. The applicant shall certify
to his knowledge he is not in violation of the building or zoning
laws of the City.
A.
Formal application required. Every person required to procure a license
under the provisions of this article shall submit an application to
the Bureau of Police which shall:
(1)
Form of application: be a written statement upon forms provided by
the Bureau of Police ; such forms shall include a sworn affidavit
that the information furnished is true and correct. Furnishing false
certifications or false or intentionally misleading information shall
be grounds for denial or revocation of the license or other legal
action hereunder by the Bureau of Police.
(2)
Contents of application: require the disclosure of all information necessary for compliance with § 186-6 and of any other information which the Bureau of Police finds to be reasonably necessary for the fair administration of this article.
(3)
Payment of fees: be accompanied by the full amount of the fees chargeable
for such license. Any fees to be charged for any license issued under
or pursuant to this article shall be adopted from time to time by
resolution of City Council of the City of Lancaster.
[Amended 7-22-2014 by Ord. No. 8-2014]
B.
Issuance of receipts. Whenever a license cannot be issued at the
time the application for the same is made, the Bureau of Police shall
issue a receipt to the applicant for the money paid in advance, subject
to the condition that such receipt shall not be construed as the approval
of the Bureau of Police for the issuance of a license; nor shall it
entitle or authorize the applicant to open or maintain any business
contrary to the provisions of this article.
C.
Duplicate license procedure. A duplicate license shall be issued
by the Bureau of Police to replace any license previously issued,
which has been lost, stolen, defaced or destroyed without any willful
conduct on the part of the licensee, upon the filing by the licensee
of an affidavit sworn to before a notary public of this state attesting
to such fact and the paying to the Bureau of Police a fee of $25.
D.
Issuance of license. If the Bureau of Police is satisfied that the
applicant has met all requirements of this article, the license shall
be issued to the applicant. If the Bureau of Police determines that
the requirements of this article have not been met they shall disapprove
the application and refund all fees paid in advance, from which disapproval
the applicant shall have the right to appeal to the Chief of Police
in the manner hereinafter provided.
[Amended 7-22-2014 by Ord. No. 8-2014]
License fees shall be in amounts established in the governing
section of this article. As set forth above, license fees shall be
in such amounts as established from time to time by resolution of
City Council of the City of Lancaster.
A.
Adjustment of fee. The Bureau of Police shall require an increase
in fee when the status of a licensee changes to place him in a classification
imposing such increase in fee.
B.
Rebate of fee. No rebate or refund of any license fee or part thereof
shall be made for any reason except if such license fee was collected
through an error.
Each license issued hereunder shall state upon its face:
A.
The name of the licensee and any other name under which such business
is to be conducted.
B.
The kind and address of each business so licensed.
C.
The amount of license fee therefor.
D.
The dates of issuance and expiration thereof.
E.
Such other information as the Bureau of Police shall determine.
A.
General standards of conduct. Every licensee under this article shall:
(1)
Permit inspection: permit all reasonable inspections of his business
and examinations of his books containing information required to be
kept or maintained by this article by public authorities so authorized
by law.
(2)
Comply with governing law: ascertain and at all times comply with
all laws and regulations applicable to such licensed business.
(3)
Operate properly: avoid all forbidden, improper or unnecessary practices
or conditions which do or may affect the public health, morals or
welfare.
(4)
Cease business: refrain from operating the licensed businesses on
premises after expiration of his license and during the period his
license is revoked or suspended.
B.
Display of license. Every licensee under this article shall:
(1)
Premises: post and maintain such license upon the licensed premises
in a place where it may be seen at all times.
(2)
Persons: carry such license on his person when he has no licensed
business premises.
(3)
Vehicles: post and maintain such license in a conspicuous place when
business is being conducted from a vehicle.
(4)
Inoperative licenses: not allow any license or insignia to remain
posted, displayed or used after the period for which it was issued
has expired or when it has been suspended or revoked or for any reason
become ineffective. The licensee shall promptly return such inoperative
license to the Bureau of Police.
(5)
Unlawful possession: not loan, sell, give or assign to any other
person or allow any other person to use or display or to destroy,
damage or remove or to have in his possession, except as authorized
by the Bureau of Police or by law, any license which has been issued
to such licensee.
C.
New location desired. A licensee shall have the right to change the
location of the licensed business, provided that he shall:
D.
Records kept. Keep all records and books to provide the information
required by this article and necessary for the enforcement of this
article.
A licensee shall not transfer his license to another person.
A.
The Chief of Police shall receive all written appeals from the decision
of the Bureau of Police disapproving an application for a license.
The Chief of Police may, upon recommendation of the Bureau of Police,
refuse to renew, suspend or revoke a license of any applicant or licensee.
All decisions of the Chief of Police in support of any action or recommendation
of the Bureau of Police shall be based upon one or more of the following
reasons:
(1)
The practice of any fraud, deceit, misrepresentation or furnishing
false information in obtaining or attempting to obtain a license.
(2)
The practice of fraud, deceit, misrepresentation or furnishing false
information in the course of carrying on the licensed business.
(3)
The conviction of any of the enumerated crimes set forth in subsequent
sections of this article for the particular business license involved.
(4)
Violation of or noncompliance with the provisions of this article
or orders of the Bureau of Police issued under the authority of this
article.
(5)
Loaning, borrowing or using a license of another, or of knowingly
aiding or abetting in any way the granting of improper licenses.
(6)
The doing of any act or engaging in any conduct in the course of
the business which demonstrates incompetency, bad faith or dishonesty
or substantially adversely affects the health, safety or general welfare
of the public.
B.
The Bureau of Police, if refusing to renew, suspending or revoking
any license, shall notify the applicant or licensee of the charges
against him and shall accord the applicant or licensee ample opportunity
to be heard thereon in person or by counsel. The notice shall be in
writing and be served by certified mail, addressed to the applicant
or licensee at the address appearing in the application for the license
or on the issued license and shall notify the applicant or licensee
of his right to a hearing before the Board. The applicant or licensee
shall have a period of 30 days from the date of the service of the
notice, which shall be the date of the mailing, to submit an appeal
to the Chief of Police. If no appeal is requested, it shall be conclusively
presumed that the applicant or licensee concurs in the recommendation
of the Bureau of Police and the action recommended by the Bureau of
Police shall be enforced without necessity for any further proceedings.
C.
Any person whose permit application is denied may file with the Chief
of Police a written appeal of the same within 20 days of the denial
of the permit. The appeal shall be in writing, shall specify the grounds
therefor and the relief requested and shall be accompanied by an appeal
fee of $50 or such other appeal fee as may be established from time
to time by resolution of City Council of the City of Lancaster. The
Chief of Police shall review the application, review the denial, and
review any other information he/she deems appropriate and render a
written decision on the appeal within 20 days of the filing of the
appeal. Any applicant or aggrieved individual desiring to appeal the
decision of the Chief of Police may appeal to the Court of Common
Pleas of Lancaster County in accordance with the Commonwealth of Pennsylvania's
Local Agency Law.
[Amended 7-22-2014 by Ord. No. 8-2014]
A.
Inspections. The following persons are authorized to conduct inspections
in the manner prescribed herein:
(1)
Bureau of Police. The Bureau of Police shall make all investigations
reasonably necessary to the enforcement of this article.
(2)
Officials having duties. The Bureau of Police shall have the authority
to order the inspection of licensees, their businesses and premises
by the police and all City officials having duties to perform with
reference to such licensees or businesses.
B.
Authority of inspectors. All inspectors shall have the authority
to enter premises of any provision of this article. The Bureau of
Police shall, when acting within the scope of its employment, hereunder
have the powers of a police officer of the City; provided, however,
that under no circumstances shall a civilian employee have the power
of arrest. Persons inspecting licensees, their businesses or premises
as herein authorized shall report all violations of this article or
of other laws or ordinances to the Bureau of Police and shall submit
such other reports as the Bureau of Police shall order.
C.
Enforcement duties of Bureau of Police.
(1)
When the Bureau of Police determines that there exists any violation
of this article, it shall, at its option:
(a)
Issue and serve upon the violator a notice of violation, which notice shall be in writing, shall specify the violation and shall contain an order directing correction of the violation within a specified time to be not less than 10 days from the date of the notice. Any person aggrieved by such notice shall have the right to appeal as set forth in § 186-12.
(b)
Institute and prosecute summary enforcement proceedings before
a District Justice; and/or
(2)
The Bureau of Police shall be authorized to take any or all the above
enforcement actions in any given case as are deemed necessary in its
opinion for proper administration and enforcement of this article,
and its right to take any particular enforcement action shall not
be limited by reason of the fact that it has also taken a different
action in the same case.
Where a person allows another person who has not procured a
license to use his premises for an activity requiring a license under
this article, such person who allows his premises to be used shall
be held liable for any applicable fees required herein.
A.
License required. No person shall use, exercise or carry on the trade
or business of pawnbroker within the City without first obtaining
a license from the Bureau of Police. A pawnbroker's license term is
from April 1 to March 31 of each year.
B.
PAWNBROKER
(1)
(2)
(3)
PLEDGE
PLEDGOR
Terms defined. As used in this article, unless the context indicates
otherwise, the following terms shall have the meaning given herein:
Includes any person who:
Engages in the business of lending money on the deposit or pledge
of personal property other than choses in action, securities or written
evidence of indebtedness;
Purchases personal property with an express or implied agreement
or understanding to sell it back at a subsequent time at a stipulated
price; or
Lends money upon goods, wares or merchandise pledged, stored
or deposited as collateral security.
An article or articles deposited with a pawnbroker as security
for a loan in the course of his business as defined in Subsection
B(3) of the definition "pawnbroker."
The person who obtains a loan from a pawnbroker and delivers
a pledge into the possession of a pawnbroker, unless such person discloses
that he is or was acting for another, in which case a "pledgor" means
the disclosed principal.
C.
Records. Each pawnbroker shall keep a book legibly written in the
English language in which shall be recorded:
(1)
A full and accurate description of all articles purchased or left
in pawn with him and including the items' brand and serial number.
[Amended 7-22-2014 by Ord. No. 8-2014]
(2)
The date and time of pledging, pawning or purchasing the same.
(3)
The date and time within which such pawned or pledged article is
to be redeemed.
(4)
The amount of money lent or paid therefor.
(5)
The description of the person or persons, including such person's
name, age and address, photo identification number, such as but not
limited to a driver's licenses number, the phone number and date
of birth, making a pledge.
[Amended 7-22-2014 by Ord. No. 8-2014]
(6)
Photographs of all such items.
[Added 7-22-2014 by Ord. No. 8-2014]
(7)
Such other information as may be included in the rules and regulations
adopted by the Bureau of Police from time to time hereinafter.
[Added 7-22-2014 by Ord. No. 8-2014]
D.
Report to police. All pawnbrokers shall, before 12:00 noon of every
Monday, report to the Bureau of Police a description of all articles
so received in the course of their pawnbroking business during the
business week immediately previous, together with the number of ticket
or tickets and a description of the person or persons making such
sale, including such person's name, age, address, identification
number, phone number and date of birth. Forms for this purpose shall
be provided by the Bureau. Notwithstanding the foregoing, a report
must be filed even if the pawnbroker does not receive any such articles
during the previous week. Reports submitted in such case should indicate
no such articles were received. All such reports shall be electronically
transmitted to the Bureau of Police in an acceptable electronic format.
[Amended 7-22-2014 by Ord. No. 8-2014]
E.
Information to be given to pledgor. Every pawnbroker shall, at the
time of making or receiving any article in pawn, deliver to the pledgor
a memorandum signed by him containing:
F.
Forbidden transactions. A pawnbroker shall not accept a pledge from
a person under the age of 18 years nor from any intoxicated person
or any known thieves.
G.
Conviction of certain crimes. If any pawnbroker is convicted of robbery,
burglary, theft, receiving stolen goods or any other crime involving
the unlawful obtaining of personal property, the Bureau of Police
shall, after notice and hearing, revoke his license.
H.
Fee. The fee for issuance of a pawnbroker's license shall be
$75, or such other fee as may be established from time to time by
resolution of City Council of the City of Lancaster.
[Amended 7-22-2014 by Ord. No. 8-2014]
A.
License required. No person shall use, exercise or carry on the trade
or business of junk dealer/recycling center within the City without
first obtaining a license from the Bureau of Police. A junk dealer/recycling
center's license term is from April 1 to March 31 of each year. If
a person or entity carries on the trade or business of both junkyard
and recycling center, it shall have two separate licenses; one for
operating as a junkyard, and another for operating as a recycling
center.
B.
JUNK DEALER/RECYCLING CENTER
RECYCLABLE MATERIAL
Terms defined. As used in this article, unless the context indicates
otherwise, the following terms shall have the meanings given herein:
Includes any person who shall carry on the business of buying
or selling and dealing in junk, scrap iron, brass, lead, copper, aluminum
and other metals or alloys, or other materials commonly referred to
as "junk."
All glass, aluminum containers, plastic containers, bimetallic
containers, newspaper and paper and cardboard.
C.
Records. Every junk dealer/recycling center shall keep a book legibly
written in English at the time of acquiring any article in the course
of his business, which book shall contain:
D.
Report to police. Before 12:00 noon of each Monday, the licensee shall report to the Bureau of Police the information required by Subsection C hereof on all articles of scrap brass, lead, copper or aluminum received during the previous business week. The Bureau shall provide forms for this purpose. Recyclable materials, as defined in Subsection B hereof, are exempt from the provisions of this subsection.
E.
Period of retention of purchased articles. All persons, firms or corporations licensed under the provisions of this article shall retain on their premises all nonrecyclable materials such as scrap brass, lead, copper or aluminum, in their original form, shape or condition in which they received such goods, for a minimum period of one week or at least 48 hours from the time of furnishing to the police a form containing the information on such articles as required by Subsection D hereof. Recyclable materials, as defined in Subsection B hereof, are exempt from the provisions of this subsection.
F.
Forbidden transactions. No person licensed under this section shall
receive or purchase articles from individuals under 18 years old or
intoxicated individuals or any known thieves. Only recyclable materials
may be purchased from individuals under 18 years of age.
G.
Conviction of certain crimes. If any junk dealer/recycling center
is convicted of robbery, burglary, theft, receiving stolen goods or
other crimes involving the taking of personal property, the Bureau
of Police shall, after notice and hearing, revoke his license.
H.
Fee. The fee for issuance of a junk dealer/recycling center's
license shall be $75. If an entity or person is required to secure
both a junk dealer and a recycling center license, he shall only be
assessed a single license fee of $75 or such other fee as may be established
from time to time by resolution of City Council of the City of Lancaster.
[Amended 7-22-2014 by Ord. No. 8-2014]
A.
License required.
(1)
Except as provided in Subsection A(2) hereof, no person shall engage in the business of being an antique or secondhand dealer without procuring a license from the Bureau of Police. An antique or secondhand dealer's license term is from April 1 to March 31 of each year.
(2)
No individual shall be required to obtain a license under this subsection who engages in isolated or occasional purchases or sales of those items set forth in Subsection B hereof, provided that such person maintains no place of business within the City, engages in no promotion or advertising and can prove by appropriate records that total sales of the previous year did not exceed $1,500.
(3)
Notwithstanding any provisions herein contained, no person engaged
in a business licensed or regulated hereunder shall be required to
comply with any provisions of this article in order to participate
in an organized antique or art show or exhibit.
B.
Terms defined.
(1)
Except as provided in Subsection B(2) hereof, an "antique dealer" or "secondhand dealer," for the purpose of this article, is any person who either wholly or in part engages in or operates the trade or business of buying and/or selling used goods such as antiques, precious stones, metals, jewelry, any tools, any electrical devices, fixtures, appliances, household goods, firearms and bric-a-brac. The foregoing enumeration of articles, goods and property shall not be deemed to be exclusive or all-inclusive, and the Bureau of Police may, can and shall modify this list from time to time through the promulgation of the rules and regulations authorized hereunder. "Secondhand articles or goods," for the purpose of this article, are any articles or goods that are purchased, salvaged or received from any person, association, copartnership or corporation.
[Amended 7-22-2014 by Ord. No. 8-2014]
(2)
Subsection B(1) hereof shall not be deemed to include:
(a)
Judicial sales or sales or purchases by or from executors or
administrators in conjunction with the settlement of an estate;
(b)
Sales of unredeemed pledges by or on behalf of licensed pawnbrokers
in the manner prescribed by law;
(c)
Occasional or auction sales of household goods sold from private
homes;
(d)
Auctions of real estate;
(e)
The buying or selling of published written materials, such as
books and magazines;
[Amended 7-22-2014 by Ord. No. 8-2014]
(f)
Such items designated by the Bureau of Police in rules and regulations
promulgated from time to time hereunder for the taking in trade by
a business of an item of a like kind to items which such businesses
sell as the principal or substantial part of their business; or
[Amended 7-22-2014 by Ord. No. 8-2014]
(g)
A wireless service provider, and agents or retailers whose primary
business involves transacting in the sale and activation of electronic
devices on the wireless network or conducting transactions involving
the trade-in of an electronic device when the trade-in value, if any,
is applied as a credit on the customer's account or in a form
of credit or a gift card that may only be redeemed with the wireless
provider or its agent or retailer.
[Added 7-22-2014 by Ord. No. 8-2014]
C.
Records. Each antique or secondhand dealer shall keep a book legibly
written in the English language at the time of acquiring articles
in the course of business, which book shall give:
D.
Reports to police. Every antique or secondhand dealer shall furnish the information specified in Subsection C hereof by 12:00 noon Monday for the previous week to the Bureau of Police. The Bureau shall furnish forms for this purpose.
(1)
Permitted exclusions. The report need not include:
(a)
Any information on transactions by persons seeking a trade-in
or allowance on goods or items originally sold by the dealer to the
person seeking such trade-in or allowance.
(b)
Any information on transactions involving a trade-in on a like
item.
(c)
Information regarding dealer-to-dealer transactions.
E.
Retention of purchased articles.
(1)
No antique or secondhand dealer shall sell or dispose of in any way any of the following secondhand articles or goods: antiques, precious stones, jewelry, watches, gold, platinum, silver or other precious metals, electronic items such as cell phones, computers, tablets and laptops, or any similar articles or things, until seven days have elapsed after the purchase of the same or until 48 hours from the time of furnishing to the police a form containing the information on such articles as required by Subsection D hereof.
[Amended 7-22-2014 by Ord. No. 8-2014]
(2)
It shall be an affirmative defense to any prosecution or administrative
proceeding brought for a violation of this subsection that, in the
case of precious metals, retention for the time period required would
have resulted in serious and substantial economic losses to the dealer,
or the probability of such losses was significant, due to rapid and
highly fluctuating market conditions, provided that the persons so
charged shall prove the existence of the market conditions giving
rise to the aforesaid defense by preponderance of the evidence. Market
conditions, in order to be a defense hereunder, shall be such that
financial analysts would characterize trading as at or approaching
a level or occurrence in an atmosphere of panic so as to clearly distinguish
trading conditions from normal variations in market movement in response
to economic news or other events.
F.
Forbidden transactions. No antique or secondhand dealer shall purchase
any article from any person under the age of 18 or from any intoxicated
person or from known thieves.
G.
Conviction of certain crimes. If any antique or secondhand dealer
shall be convicted of robbery, burglary, theft, receiving stolen goods
or any other crime involving the unlawful obtaining of personal property,
the Bureau of Police shall, after notice and hearing, revoke his license.
H.
Fee. The fee for the issuance of an antique or secondhand dealer's
license shall be $25 or such other fee as may be established from
time to time by resolution of City Council of the City of Lancaster.
[Amended 7-22-2014 by Ord. No. 8-2014]
A.
License required. No person shall engage in the business of being
a vendor or peddler within the City without first obtaining a license
from the Bureau of Police . A vendor and peddler's license term shall
be for the period of time specified in the license but in no event
for a period of more than six months.
B.
Terms defined. The words "vendor" and "peddler," as used herein,
mean any person traveling on foot or any conveyance who goes from
door-to-door or house-to-house, carrying or conveying goods, wares
or merchandise, offering to buy or sell such articles or soliciting
orders for articles for delivery at a later date.
C.
Information required. In addition to the information required under §§ 186-6 and 186-7, the applicant shall supply the Bureau of Police with the following information:
(1)
A brief description of the nature of the business and goods to be
bought or sold.
(2)
If employed, the name and address of the employer, together with
the credentials establishing the exact relationship.
(3)
The length of time in which the right to do business is requested.
(4)
If a vehicle is to be used, a description thereof and its license
number.
D.
Loud noises and speaking devices. No peddler or vendor shall make
loud or raucous noises or use sound-amplifying devices for the purpose
of attracting attention to his activity.
E.
Use of streets. No peddler or vendor shall have any exclusive right
to any public street, nor shall any peddler or vendor be permitted
at any time to occupy a stationary or specific location on any street
or sidewalk. Further, he shall obey all ordinances and regulations
which forbid him to operate on certain streets within the City.
F.
Fee. The fee for the issuance of a vendor's or peddler's
license shall be $75 or such other fee as may be established from
time to time by resolution of City Council of the City of Lancaster.
[Amended 7-22-2014 by Ord. No. 8-2014]
A.
License required. No person shall engage in any business within the
City on a transient basis unless he procures a license from the Bureau
of Police .
B.
Terms defined. A "transient merchant" means any person who occupies
a room, apartment, store, shop, building, private lot or other fixed
location for the exhibition or sale of goods, wares or merchandise
with the intention of not remaining more than 100 days. No transient
merchant shall be permitted at any time to occupy a stationary or
specific location on any street or sidewalk. This subsection shall
not apply to farmers selling their own produce.
C.
Information required. In addition to the information required under §§ 186-6 and 186-7, the applicant shall supply the Bureau of Police with the following information:
(1)
A brief description of the nature of the business and goods to be
bought or sold.
(2)
If employed, the name and address of the employer, together with
the credentials establishing the exact relationship.
(3)
The length of time for which the right to do business is requested.
(4)
If a vehicle is to be used, a description thereof and its license
number.
D.
Bonding required on certain sales. Before a transient merchant can
be issued a license where he intends to do business on the basis of
prepayment in whole or in part for goods to be delivered at a future
date, the transient merchant must post a bond with an approved surety
in an amount sufficient to cover all anticipated prepaid receipts
and for a period equal to the time required for delivery of items
sold. In no event, however, shall such bond be in an amount less than
$1,500.
E.
Fee. The fee for the issuance of a transient merchant's license
shall be $75 per month or fractional part thereof or such other fee
as may be established from time to time by resolution of City Council
of the City of Lancaster.
[Amended 7-22-2014 by Ord. No. 8-2014]
All existing businesses required to be licensed hereunder shall
apply for a license within three months from the passage of this section,
and all such applicants shall be charged a fee of $5, which license
shall thereafter be renewed in accordance with this article upon payment
of the specified fee and fulfillment of all other requirements hereunder.
Any person who violates any provision of this article or any final order of the Bureau of Police issued pursuant to the authority of this article shall, upon conviction therefor in a summary proceeding, be fined not less than $200 nor more than $ 1,000, shall pay the costs of prosecution or, in default of payment, undergo imprisonment for not more than 30 days. Each day during which a violation continues shall constitute a separate offense. As used in this section, the term "person" shall have the meaning set forth in § 186-3.
Any fee established in this article of the Code of the City
of Lancaster may be modified from time to time by resolution of City
Council.
