Chapter 5.04
ITINERANT VENDORS
Sections:
5.04.020 Charitable solicitation--Permit--Required--Issuance.
5.04.030 Transient vendor--Solicitation of sales without invitation prohibited.
5.04.040 Transient vendor--License--Application.
5.04.050 Transient vendor--License--Issuance.
5.04.060 Transient vendor--License--Fee.
5.04.070 State license and tax payment required when.
5.04.080 License--Failure to obtain--Penalty charge.
5.04.100 Violation--Each day to constitute separate offense.
5.04.010 Definitions.
For the purpose of this title, the following terms have the following meanings:
A. "Activity" means either a business, trade, occupation, or avocation.
B. "License" means a temporary nonassignable personal privilege granted by the borough in the exercise of its regulatory and police powers.
C. "License tax" means a tax, the amount of which has been computed to produce revenue and satisfy the costs of issuing the license and investigations, inspections, policing and enforcement of the regulations pertaining to a particular activity required to be licensed, which the applicant for a license shall pay as a condition precedent to obtaining the same.
D. "Transient vendor" means any person, firm or corporation, their principals and agents, engaged in a temporary or transient business of vending or selling magazine subscriptions, goods, wares, merchandise or other articles of commerce in the borough, who, in furtherance of such activity hires, leases, uses or occupies any building, structure, motor vehicle, tent, hotel room, lodginghouse, apartment, shop, street, alley, or other place within the borough, for the sale of such magazine subscriptions, goods, wares, or merchandise, either privately or at public auction. This definition shall not be construed to include any commercial traveler who, while occupying a temporary location, takes orders in the usual course of business for bona fide sales of goods by sample for future delivery. Temporary associations with any local dealer, trader, merchant, or auctioneer, or the conduct of a transient business in connection with, as part of, or in the name of any local dealer, trader, merchant, or auctioneer, are included within the meaning of this definition. (Ord. 76-20 §1, 1976; Ord. 4 §1, 1964).
5.04.020 Charitable solicitation--Permit--Required-Issuance.
No person, religious, charitable, fraternal, or eleemosynary corporation of any kind, its agents, representatives, or employees shall solicit funds, or secure subscriptions for the payment thereof, within the borough without first securing a permit to do so from the borough manager. The applicant for a permit may be required to answer such questions as may be put to him by the manager and, if the manager determines that the organization is bona fide and that the proposed solicitation will not constitute a public nuisance, a permit shall be granted.
The permit shall be issued by the manager, informing the law enforcement officers in the borough that the proposed solicitation has been authorized. In the event that any person or organization deems itself aggrieved by the determination of the manager, it may appeal the decision of the manager to the assembly. No fees shall be charged for any permit issued under the authority provided in this paragraph. (Ord. 76-20 §2, 1976: Ord 4 §3, 1964).
5.04.030 Transient vendor--Solicitation of sales without invitation prohibited.
No transient vendor of magazine subscriptions, goods, wares, or merchandise shall go in or upon private residences in the borough for the purpose of soliciting orders for the sale of magazines, goods, wares, or merchandise, or for the purpose of disposing of or peddling or hawking the same, not having been requested or invited so to do by the owner or owners, occupant or occupants, of said private residences. (Ord. 4 §2, 1964).
5.04.040 Transient vendor--License--Application.
Every transient vendor shall secure a license from the borough manager before engaging in any activity in the borough. Application therefor shall be made to the borough manager, upon forms provided by him. The applicant shall state under oath or affirmation such facts as may be reasonably required for the granting of such license, including the applicant’s personal description, name and permanent address; a brief description of the nature of the business and the goods to be sold; the name and address of the applicant’s employer, if any; the length of time it is desired to do business in the borough; the names of at least two reliable property owners within the borough who will certify as to the applicant’s good character and business responsibility; or, in lieu thereof, such other evidence as to the good character and responsibility of the applicant sufficient to satisfy the manager. (Ord. 4 §4(a), 1964).
5.04.050 Transient vendor--License--Issuance.
The manager shall issue licenses for any period of time, not to exceed ninety days during which the applicant desires to conduct business in the borough. (Ord. 4 §4(b), 1964).
5.04.060 Transient vendor--License--Fee.
Each applicant for a license shall pay a license fee in the sum of thirty dollars, which shall be paid at the time the application for license is submitted. The application and fee shall be delivered to the office of the borough manager. Any person desiring to engage in any activity included within this chapter shall apply for license and pay the prescribed fee prior to the commencement of such activity. (Ord. 78-8 §1, 1978: Ord. 76-20 §3, 1976: Ord. 4 §5, 1964).
5.04.070 State license and tax payment required when.
No license required by this chapter shall be issued to any person who is required to have a state business license until such person submits evidence that he has applied for such state business license and proves that all current fees pertaining thereto have been paid. No license or permit required by this chapter shall be issued to any person owing delinquent taxes to the borough. (Ord. 4 §6, 1964).
5.04.080 License--Failure to obtain--Penalty charge.
Any person who fails to procure a license and pay the prescribed fee before the time specified in this chapter may be assessed a penalty of ten percent of the daily license fee due for each day or portion thereof during which such failure continues, and such penalty shall be added to the basic fee provided for the activity licensed under this chapter. (Ord. 78-8 §2, 1978: Ord. 4 §7(a), 1964).
5.04.090 Violation--Penalty.
Any person convicted of a violation of this chapter is guilty of an infraction, and is punishable by a fine not to exceed three hundred dollars. (Ord. 84-2 §1(part), 1984; Ord. 76-27 §1(part), 1976: Ord. 4 §7(b), 1964).
5.04.100 Violation--Each day to constitute separate offense.
Each day of violation under this chapter and every day upon which such violation occurs shall constitute a separate offense. (Ord. 4 §7(c), 1964).