Chapter 5.08
TRANSIENT AND ITINERANT MERCHANTS, VENDORS AND SPECIAL EVENTS

Sections:

5.08.010    Solicitation on public property.

5.08.020    Reserved.

5.08.030    Transient and itinerant merchants and vendors.

5.08.040    Special events.

5.08.050    Commercial magazines.

5.08.060    Sales for resale excepted.

5.08.010 Solicitation on public property.

The manager may allow the use of public property for dissemination of educational or charitable information upon application and at the manager’s discretion. (Ord. 18-09-512 § 20)

5.08.020 Reserved.

Repealed by Ord. 18-09-512. (Ord. 15-06-413 § 12)

5.08.030 Transient and itinerant merchants and vendors.

A. No person may engage in the temporary business of exhibiting, selling, and delivering goods, wares, services 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. 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, or services to be provided;

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. In addition to the nonrefundable permit fee of $25.00, 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, services or merchandise in a residential area in violation of other provisions of the ordinances of the borough.

As used in this section, “temporary” means for a period contemplated to be less than 120 consecutive days’ duration. (Ord. 18-09-512 § 22; Ord. 18-08-506 § 7)

5.08.040 Special events.

A. No person may operate a circus, carnival, fair, competition or other special event without first obtaining a permit for that activity. Permit fees shall be determined by the manager as special event fees.

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 made to the manager and the manager may impose conditions such as liability insurance, time constraints, parking limitations, etc.

D. Special event fees shall be determined by the manager and shall include the costs associated with police services, public works requirements, etc. Special event fees shall not exceed $1,000. (Ord. 18-09-512 § 23)

5.08.050 Commercial magazines.

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.

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