[HISTORY: Adopted by the Borough Council
of the Borough of Palmerton 2-17-1988 by Ord. No. 465. Amendments noted where
applicable.[1]]
[1]
Editor's Note: This ordinance was approved 2-18-1988.
A.
LEGAL HOLIDAY
PERSON
TRANSIENT RETAIL BUSINESS
(1)
(2)
As used in this chapter, 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 of Palmerton; or
Selling, soliciting or taking orders for any
goods, wares or merchandise from a fixed location within the Borough
of Palmerton 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.
Word usage. 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 of Palmerton 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 Palmerton, shall be charged:
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.
(5)
To any honorably discharged member of any of the armed
services.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(6)
For the seeking or taking of orders by insurance agents
or brokers licensed under the insurance laws of the Commonwealth of
Pennsylvania.
(7)
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.
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 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 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, that the Chief of Police
may similarly exempt from payment of the license fee, but not from
registering with him/her, persons working without compensation and
selling goods, wares or merchandise for the sole benefit of any nonprofit
corporation; provided, further, that 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/her 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 shall be exempt from the registration
and licensing requirements of this chapter.
[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/she 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.
The name and address of the person by whom he/she
is employed.
C.
The type of goods, wares and merchandise he/she wishes
to deal with in such transient retail business.
D.
The length of time for which the license is to be
issued.
E.
The type and license number of the vehicle to be used,
if any.
Upon receipt of such application and the prescribed
fee, the Chief of Police, if he/she 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 streets, alleys, sidewalks or public grounds or shall display
such license at the location where he/she shall engage in such business
if doing so at a fixed location. He/she shall exhibit such license,
upon request, to all police officers, municipal officials and citizens
or residents of the Borough of Palmerton.
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 Palmerton.
C.
When operating from a vehicle, stop or park such vehicle
upon any of the streets or alleys in the Borough of Palmerton 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 of Palmerton 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 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/she shall keep
a record of all licenses issued hereunder and shall make a report
thereof each month to the Palmerton Borough Council.
The Chief of Police is hereby authorized to
suspend or revoke any license issued under this chapter, when he/she
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 Palmerton 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.
