Chapter 5.08
SOLICITORS – TRANSIENT MERCHANTS Amended Ord. 18-09-512

Sections:

5.08.010    Solicitation on public property. Amended Ord. 18-09-512

5.08.020    Solicitation on private property without invitation prohibited. Amended Ord. 18-09-512

5.08.030    Transient and itinerant merchants and vendors. Amended Ord. 18-09-512

5.08.040    Circuses, carnivals, fairs, and other amusement concessions. Amended Ord. 18-09-512

5.08.050    Commercial magazines. Amended Ord. 18-09-512

5.08.060    Sales for resale excepted. Amended Ord. 18-09-512

5.08.010 Solicitation on public property. Amended Ord. 18-09-512

A. In accordance with the purpose of this title, no person may exhibit, solicit orders for, sell, or deliver goods, wares, merchandise, services or other things of value from a street, alley, sidewalk, or other public place except as specified by a duly authorized permit granted under Chapter 5.04 HBC, or as exempted under subsection (B) of this section.

B. If an activity is not of a general commercial nature, and is being conducted to raise funds for a civic, fraternal, religious, educational, or charitable group or organization, or if the activity is in connection with a recognized community celebration, it may be allowed on public property without a permit issued under Chapter 5.04 HBC. However, the group or organization desiring to use a street, alley, sidewalk, or other public place for such activity must first submit a request to do so to the manager. The manager may allow such use only after the manager has been assured by the chief of police and public works superintendent that the activity will not unduly impede or create risks to pedestrian or vehicular traffic.

5.08.020 Solicitation on private property without invitation prohibited. Amended Ord. 18-09-512

The practice of going in and upon private residences in the borough by transient solicitors, peddlers, hawkers, itinerant merchants, or transient vendors of merchandise not having been requested or invited to do so by the owner or occupant of the private residence for the purpose of soliciting orders for the sale of goods, wares, and merchandise and/or disposing of and/or peddling or hawking the same is unlawful. (Ord. 15-06-413 § 12)

5.08.030 Transient and itinerant merchants and vendors. Amended Ord. 18-09-512

A. No person may engage in the temporary business of exhibiting, selling, and delivering goods, wares, or merchandise within the borough, whether alone, in association with, or in the name of a local dealer, merchant, or auctioneer, without first procuring a permit under Chapter 5.04 HBC. This section does not apply to a commercial traveler who occupies a temporary location and exhibits samples for the purpose of securing orders for future deliveries, but does not sell from stock. The acquisition of the transient and itinerant merchant’s permit exempts the merchant from the requirement to obtain a business license.

B. An applicant for a transient and itinerant merchant’s permit shall include in the applicant’s application the following:

1. An accurate personal description;

2. The applicant’s permanent home and local address;

3. A brief description of the nature of the business and the goods to be sold, including the location(s) where the goods, wares, or merchandise will be sold;

4. The name and address of the applicant’s employer;

5. The length of time the applicant desires to do business in the borough.

C. The applicant shall post a $250.00 cash bond with the clerk, or a copy of a current certificate of bonding for at least $5,000. The $250.00 cash bond will be refundable upon payment to the borough of sales taxes collected.

D. This section may not be construed to authorize a person to solicit for sales or sell goods, wares, or merchandise in a residential area in violation of other provisions of the ordinances of the borough.

E. If the applicant proposes to solicit for sales or to sell services, goods, wares, or merchandise on public property within the borough, approval of the assembly shall be required. Upon receipt of such an application, the clerk shall fix a time and place for a public hearing before the assembly. Notice in writing of such hearing shall be given to the applicant. Due notice shall also be given to the general public by publishing a notice of such hearing in a local newspaper at least five days prior to the hearing. Any person may file with the borough a memorandum in support of or in opposition to the issuance of a permit. Unless the assembly determines that the application is not consistent with the purposes and requirements of this title, the permit shall be granted. The assembly may require that issuance of the permit be subject to designated conditions.

As used in this section, “temporary” means for a period contemplated to be less than 120 consecutive days’ duration. (Ord. 18-08-506 § 7)

5.08.040 Circuses, carnivals, fairs, and other amusement concessions. Amended Ord. 18-09-512

A. No person may operate a circus, carnival, fair, or other place of amusement without first obtaining a permit for that activity.

B. Permit applicants must provide certificates of approval from the responsible law enforcement agency, state fire marshal, and any other appropriate state agencies for activities covered by this section.

C. The application for a permit under this section shall be accompanied by a certificate of insurance specifying at least the following coverage:

1. Liability coverage with limits of $150,000 for each person and $500,000 for each occurrence for bodily injury and $10,000 for property damage; and

2. Umbrella liability with a $1,000,000 limit.

5.08.050 Commercial magazines. Amended Ord. 18-09-512

A. Except as provided in subsection (B) of this section, no person may sell, attempt to sell, or solicit subscriptions to periodical literature on the public sidewalks or streets or in an area of a doorway or entranceway immediately abutting those areas.

B. The sale or attempted sale of daily newspapers and the sale or attempted sale of periodical literature as part of a borough school project is exempt from subsection (A) of this section.

5.08.060 Sales for resale excepted. Amended Ord. 18-09-512

This chapter does not apply to persons engaged in the sale of goods for resale.