[Adopted 7-9-1985 by Ord. No. 3076]
A. 
As used in this Article, 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 City of Bradford; or
(2) 
Selling, soliciting or taking orders for any goods, wares or merchandise from a fixed location within the City of Bradford, 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.
No person shall engage in any transient retail business within the City of Bradford without first having obtained from the City Clerk a license, for which a fee, which shall be for the use of the City of Bradford, shall be charged as follows: $200 for one month or any part thereof.
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 who complies with the Act of 1867, April 8, P.L. 628, 10 P.S. § 61 (1982), as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania, and who procures from the prothonotary a certificate in pursuance of the Act of 1867.[1]
[1]
Editor's Note: See now 10 P.S. § 162.1 et seq.
(6) 
To 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 Charitable Funds Act, August 9, 1963, P.L. 628, 10 P.S. § 160-1 et seq. (1982), as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania.[2]
[2]
Editor's Note: See now 10 P.S. § 162.1 et seq.
(8) 
For taking orders for merchandise, by sample, from dealers or merchants for individuals or companies who or which pay a license or business privilege tax at their chief place of business.
B. 
All persons exempted hereby from the payment of the license fee shall be required to register with the City Clerk and obtain a license without fee, provided that any person dealing in one or more of the above-mentioned excepted 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 Article for his activities in connection with the sale of goods, wares and merchandise not in such exempted categories; provided, further, that the City Clerk 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; and provided, further, that every license issued under the provisions of this Article shall be issued on an individual basis to any person or persons engaging in such business, and 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.
Every person desiring a license under this Article shall first make application to the City Clerk 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; present a valid sales and use tax license for the Commonwealth of Pennsylvania, if such license is required; a certificate of fictitious name registration, if applicable; a certificate of incorporation, if applicable; and an employer identification number and a social security number. The applicant shall also state:
A. 
His criminal record, if any;
B. 
The name and address of the person by whom he is employed;
C. 
The type of goods, wares and merchandise he wishes to deal with in such transient retail business;
D. 
The length of time for which license is to be issued; and
E. 
The type and license number of the vehicle to be used, if any.
Upon receipt of such application and the prescribed fee, the City Clerk, if he shall find such application in order, shall issue the license required under this Article. 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, and shall display such license at the location where he shall engage in such business, if doing so at a fixed location. He shall exhibit such license, upon request, to all police officers, municipal officials and citizens or residents of the City of Bradford.
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 City of Bradford.
C. 
When operating from a vehicle, stop or park such vehicle upon any of the streets or alleys in the City of Bradford 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 City of Bradford 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 8:00 a.m. or after 8:00 p.m. on any day of the week other than a Sunday or legal holiday.
The City Clerk shall supervise the activities of all persons holding licenses under this Article. He shall keep a record of all licenses issued hereunder and shall make a report thereof each month to the City Council.
The City Clerk is hereby authorized to suspend or revoke any license issued under this Article when he deems such suspension or revocation to be beneficial to the public health, safety or morals for violation of any provision of this Article or for giving false information upon any application for license hereunder. Appeals from any suspension or revocation may be made to the City 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.
Any person, firm or corporation who or which shall violate any provision of this Article shall, upon conviction thereof, be sentenced to pay a fine of not more than $300 and/or to imprisonment for not more than 90 days. Each day that a violation of this Article continues shall constitute a separate offense.