An ordinance of the Borough of Darlington, for the regulation of transient retail businesses; the definition thereof and licensing requirements of the same; procedures for obtaining such license; prohibitive acts and penalties for violation thereof:
Be it ordained and enacted by the Borough Council for the Borough of Darlington;
Sec. 1. Definitions
As used in this Ordinance, 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
- 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 Darlington; or
- Selling, soliciting or taking orders for any goods, wares, or merchandise, from a fixed location within the Borough of Darlington on temporary basis which shall include, but shall 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. The singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the
Sec. 2. License Required; Conditions of Issuance; Fee.
No person shall engage in any transient retail business within the Borough of Darlington without first having obtained from the Mayor a license for which a fee, which shall be used for the use of the Borough, shall be charged:
- One ($1.00) Dollar for one (1) day;
- Five ($5.00) Dollars for one (1) week;
) c) Ten ($10.00) Dollars for one (1) month; and
- d) Fifty ($50.00) Dollars for one (1) year.
Sec. 3. Exceptions – No license fee shall be charged:
- To farmers selling their own produce;
- 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 purposes;
- To any manufacturer or producer in the sale of bread and bakery products, meat and meat products, or milk and milk
- To children under the age of eighteen (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;
- To any honorably discharged member of any of the armed services who complies with the Act of 1867, April 8, P.L. 50, 60 P.S. Section 61 (1982), 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:
- To the seeking or taking of orders by insurance agents or brokers, licensed under the insurance laws of the Commonwealth of Pennsylvania;
- To any person who has complied with the provisions of the Solicitation of Charitable Funds Act, August 9, P.L. 628, 10 P.S., Section 160-1 to 160-17 (1982), as thereafter amended, supplemented, modified, or reenacted by the General Assembly of Pennsylvania; or
- For taking orders for merchandise, by sample, from dealers or merchants for individuals or companies who pay a license or business privilege tax at their chief place of
But all persons exempted hereby from the payment of the license fee shall be required to register with the Mayor and obtain a license without fee; provided, 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. from registering with him, persons working without compensation and selling goods, wares, or merchandise for sole benefit of any nonprofit corporation. Provided further. every license issued under the provisions of this Ordinance shall be issued on an individual bases to any person or persons engaging in such business; every individual engaging in such business; 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 representative of a charitable organization may obtain the licenses for the applicants therein.
Sec. 4. License Application
Every person desiring a license under this Ordinance shall first make application to the Mayor for such license. He shall when making such application, exhibit a valid license from any state or county officer, if such license is so required. The applicant shall state:
- His criminal record, if any;
- The name and address of the person by whom he is employed;
- The type of goods, wares, and merchandise he wishes to deal with in such transient retail business;
- The length of time for which license is to be issued; and
- The type and license number of the vehicle to be used, if any.
Sec. 5. Issuance of License; Custody, Display. or Exhibit
Upon receipt of such application and the prescribed fee, the Mayor, if he shall find such application in order shall issue the license required under this Ordinance. Such license shall contain the information required to be given on the application, therefore, 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 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 Borough.
Sec. 6. Prohibited Acts
No person in any transient retail business shall:
- Sell any product or type of product not mentioned in his license;
- Hawk or(*) his wares upon any of the streets, alleys, sidewalks or public ground in the Borough of
- When operating from a vehicle, stop or park such vehicle upon any of the streets or alleys in the Borough of Darlington for longer than necessary in order to sell therefrom to persons residing (or working) in the immediate vicinity;
- Park any vehicle upon any of the streets or alleys in the Borough for the purpose of sorting, rearranging, or cleaning any of his goods, wares, or merchandise or of disposing of any carton, wrapping material or of any stock or wares or food staffs which have become unsalable through handling, age or otherwise; and
- Engage in any business activity, except by prior appointment at any time on a Sunday or legal holiday or at any time before 6:00 M. or after 8:00 P.M. on any day of the week other than Sunday or legal holiday.
Sec. 7. Supervision; Records and Reports.
The Mayor shall supervise the activities of all persons holding licenses under this Ordinance. He shall keep a record of all licenses issued hereunder, and shall make a report thereof each month to the Borough Council.
Sec. 8. Suspension and Revocation of License; Appeal.
The Mayor is hereby authorized to suspend or revoke any license issued under this Ordinance when he deems such suspension or revocation to be beneficial to the public health, safety or morals, for violation of any provision of this Ordinance, or for giving false information upon any application for a license hereunder. Appeals from any suspension or revocation may be made to the Borough Council at any time within ten
- 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.
Sec. 9. Penalties
Any person, firm, or corporation who shall violate any provision of this Ordinance, shall, upon conviction thereof be sentenced to pay a fine not more than three hundred ($300.00) dollars together with costs of prosecution, or to imprisonment for not more than ninety (90) days. Each day that a violation of this Ordinance continues shall constitute a separate offense.
Romaine Shugars, President of Council
Attest: Virginia Martin, Secretary of Council Examined and approved this 5th day of October, 1987.
John E. Tress, Mayor