[Derived from Sec. 4-1 of the 1975 Code (Ord.
No. 201)]
The purpose of this article is to prevent fraud,
crime and unethical and dishonest business practices by the regulation
of hawkers, peddlers, solicitors, canvassers and itinerant vendors,
and by the imposition of license fees for revenue.
As used in this article, the following terms
shall have the meanings indicated:
MERCHANDISE
All goods, wares, food, fruit, vegetables, farm products,
magazines, periodicals and all kinds of articles of personal property
for domestic use. Orders or contracts for services, home improvements
or alterations shall be considered merchandise within the terms of
this article.
NONPROFITMAKING VENDOR
A person who sells goods or services, the proceeds of which
are devoted exclusively to the purposes of a philanthropic, charitable
or religious society on whose behalf he acts as agent, with or without
pay.
PEDDLER or HAWKER
A person who goes from place to place by traveling on the
streets, or from house to house, and carries with him goods, wares
or merchandise for the purpose of selling and delivering them to consumers
or buyers.
SOLICITOR or CANVASSER
A person selling goods by sample or taking orders for future
delivery with or without accepting an advance payment for the goods.
It shall be unlawful for any peddler, hawker,
solicitor or canvasser to sell or offer to sell or dispose of any
goods, wares, merchandise or services to take or offer to take orders
for any goods, wares, merchandise or services to be rendered or delivered
in the future within the borough, without first obtaining a license.
[Amended 12-20-2022 by Ord. No. 17-2022]
A. The Chief of Police shall investigate the applicant's
business and moral character as he deems necessary for the protection
of the public good.
B. As part of the background investigation, the Chief
of Police may obtain fingerprints and conduct a criminal history search.
C. The Chief of Police may, upon review of the application, recommend
against issuing a permit to the applicant for any of the following
reasons:
(1) The
location and time of the activities described in the application would
endanger the safety and welfare of the applicant, its customers, or
the citizens of the Borough;
(2) The
applicant has previously violated a peddling or soliciting ordinance;
(3) The
applicant has a record of breaches of solicited contracts;
(4) Other
concrete evidence of bad character;
(5) An
investigation reveals that the applicant falsified information on
the application;
(6) The
applicant has been convicted of a felony, misdemeanor, crime as a
disorderly person, or ordinance violation involving a sex offense,
trafficking in controlled substances, or any violent acts against
persons or property, or any ordinance regulating peddlers, hawkers,
solicitors or canvassers; or
(7) The
applicant is a person against whom a judgement based upon, or conviction
for, fraud, deceit, or misrepresentation has been entered within the
10 years immediately preceding the date of application.
D. Based upon
his investigation and findings, the Chief of Police shall report his
approval or rejection of the application.
Every licensee shall have his license in his
possession while engaged in the business licensed. The licensee shall
produce his license at the request of any person solicited, any borough
police officer or any borough official.
A license shall be issued for a term not to
exceed one year. Each license shall expire on December 31 of the year
in which it is issued unless sooner indicated upon the license and
badge.
Any violator of this chapter shall, upon conviction thereof, be subject to the penalties as provided for in Chapter
1, General Provisions.