[Ord. 00049, 3/8/2010, § I]
1. 
The following terms as used in this Part are defined as follows:
ESTABLISHED LOCATION
A fixed location permitted as a business pursuant to all ordinances of the Borough (including, but not limited to, Borough Zoning Ordinance [Chapter 27]) and County and all other government regulations.
PEDDLER or HAWKER
Any person, subject to the further definitions contained in Subsection 2 of this section, selling or soliciting sales or purchases of personalty within Borough from house to house, store to store, on the streets or in any public place, which sales or purchases are not made from an established location.
TRANSIENT MERCHANT
Any person, subject to the further definitions contained in Subsection 2 of this section, conducting or proposing to conduct sales or purchases of tangible personalty from private premises located within the Borough where such sales are in compliance with other applicable ordinances, laws and regulations, but for temporary periods only, which, as applicable to this Part only, shall mean no more than six consecutive weeks.
2. 
The terms "peddler," "hawker," or "transient merchant" as used in this Part shall include persons conducting sales at auction; but this Part shall not be construed to apply to the following:
A. 
Sales of food or food products for immediate delivery.
B. 
Judicial or other sales conducted under legal proceedings.
C. 
Real estate agents or auctioneers licensed by the Commonwealth of Pennsylvania.
3. 
The term "person" shall include individuals, principals, agents, partnerships, limited liability companies and corporations and all other forms of business or other organizations, The penal provisions hereof shall include and apply to officers, directors or managers (as the case may be) of forms of business or other organizations.
4. 
The term "Borough" as used in this Part shall mean the Borough of Akron in Lancaster County, Pennsylvania.
[Ord. 00049, 3/8/2010, § I]
1. 
It shall be unlawful for any person without first obtaining a permit as provided herein (and except as outlined in § 13-107, "Exemptions"):
A. 
To enter into or continue activities as a peddler, hawker or transient merchant.
B. 
To exhibit for immediate sale any goods, wares or merchandise whatsoever subject to the exceptions set forth herein.
C. 
To peddle, hawk, or take orders, either by sample or otherwise for any goods, wares or merchandise upon any street, alley, sidewalk or public place or from house-to-house in Akron Borough, without a secured valid permit.
[Ord. 00049, 3/8/2010, § I]
1. 
Applications for permits shall be made to the Mayor or the Mayor's designated agent and shall set forth:
A. 
The full name and permanent home and business addresses of such person and of any local agent in charge. Each individual intending to peddle, hawk, take orders, etc., shall also submit the same information, and each one shall submit for copying an official identification, such as a driver's license or any other form of identification commonly recognized as acceptable for identification purposes.
B. 
In what capacity an individual is acting and for whom.
C. 
If a business organization or other organization, the state of incorporation or organization and address and location of the principal office thereof.
D. 
Nature of the activity; type of personalty proposed to be sold or purchased; date of the proposed commencement and the length of time during which same is proposed to be conducted with Borough.
E. 
The description and license numbers of all vehicles intended to be operated in the conduct of the activity.
F. 
_____
(1) 
All applications must include the license fee with the application and subject to a criminal background check from the state (for each person to be so engaged) in which they reside dated within 30 days of the date of the application for the permit.
(2) 
(a) 
A criminal background check as used herein shall be produced through the Pennsylvania Access to Criminal History website of the Pennsylvania State Police or an equivalent written proof of such status.
(b) 
The Mayor or the Mayor's designated agent may refuse to issue a license where the criminal background check discloses violations of Subsection 2 hereof or where there is a falsely reported statement on the application, or false information is supplied therewith.
2. 
A satisfactory criminal background check shall be a background check that discloses that neither of the applicant or those conducting door-to-door sales is under probation or parole supervision from any jurisdiction or out on bail on a misdemeanor or felony, or has ever been determined to be an offender or sexually violent predator required to register under 42 Pa.C.S.A. § 9799.1 (popularly known as "Megan's Law").
3. 
A. 
If approved, the Mayor or Mayor's designated agent will be authorized to sign the license.
B. 
The Mayor or Mayor's designated agent reserve the right to suspend or revoke a license when there are any public health, safety or possible moral issues discovered or where the application was false or there is a violation of this Part.
[Ord. 00049, 3/8/2010, § I]
1. 
No peddler, hawker, or transient merchant shall conduct such activity in the Borough in any manner contrary to that as indicated in the application for such license without first having filed an amended application stating specifically in what manner future operations in Borough will be different from that as stated in the original application, and without first having secured the approval of such amended application by the Mayor or the Mayor's designated agent.
2. 
Merchants, whether licensed or exempted, with the exception of mobile ice cream vendors, shall only engage in solicitations between the hours of 9:00 a.m. and 6:00 p.m. (prevailing time), except when peddlers, hawkers or transient merchants shall have a prior appointment with a particular property owner or renter. Mobile ice cream vendors may solicit until dusk, but may not solicit or sell on Main Street, Rothsville Road, or on 7th Street.
[Ord. 00049, 3/8/2010, § I]
1. 
License fee for any person acting in Borough as a peddler, hawker or transient merchant shall be in an amount as established from time to time by resolution of Borough Council for a license valid for 90 days from the date of issuance, unless suspended or revoked prior thereto. Said fee shall be paid to the Mayor to for the benefit of Borough. The license shall be exhibited to any Borough police officer, Borough Manager or any other person delegated by the Mayor or Council upon request.
A. 
The Mayor shall have such authority to deny issuance of a license to any peddler, hawker or transient merchant where the application or amended application sets forth matters indicating the conduct of business or solicitation pursuant thereto to be detrimental to the health, safety, welfare and morals of the Borough.
B. 
In event of such refusal, the application fee as herein before set forth shall be returned.
[Ord. 00049, 3/8/2010, § I]
No person who would otherwise be a peddler, hawker or transient merchant subject to this Part shall be exempted from the provisions hereof by reason of being temporarily associated with any local merchant, dealer, trader or auctioneer.
[Ord. 00049, 3/8/2010, § I]
1. 
Any person who is engaged by an organization which has been registered with the Pennsylvania Department of State, as required by the Solicitation of Funds for Charitable Purposes Act, 10 P.S. § 162.1 et seq., shall not have to register with Borough; but such organizations shall cause notice to be given to the Mayor or Mayor's designated agent that such person will be conducting business as a peddler, hawker or transient merchant in the Borough. Any such person shall carry an appropriate identification card issued by the organization for which such person is conducting business.
2. 
Persons selling personalty, where the proceeds of the sale are to be applied exclusively for a charitable purpose and the entity sponsoring the sale is registered with the Internal Revenue Service as an entity enjoying tax deductible status under § 501(C)(3) of the Internal Revenue Code or is a tax-exempt organization under the provisions of the Internal Revenue Code eligible to receive deductible charitable contributions, shall be exempt from registering, but shall nevertheless comply with the requirements of § 13-104, Subsection 2, hereof.
3. 
Manufacturers or producers of bread or bakery products, meat or meat products or milk or milk products, who sell exclusively their own products and farmers growing produce, eggs or fruit who sell exclusively their own crops or eggs shall be exempt from licensing.
4. 
Insurance and real estate agents and brokers licensed by the Commonwealth of Pennsylvania shall be exempt from licensing.
5. 
Persons selling personalty pursuant to a permit issued by the Borough relating to Chapter 13, Part 2, hereof for a garage sale or yard sale.
6. 
Nothing contained in this Part shall be construed to exempt any person from securing any other license or from paying any other license tax which may be authorized and imposed by statute or other Borough ordinance.
[Ord. 00049, 3/8/2010, § I]
Any person who violates any of the provisions of this Part by entering hereinafter into business as a peddler, hawker or transient merchant or continuing to act as same without having compiled with the requirements of this Part for licensing, or who engages in a different manner from that represented in the application or amended application required by this Part shall, upon conviction before any magisterial district judge, be sentenced to pay a fine to Borough in sum of no less than $100 and no more than $300 for each and every day of such violation, together with costs of prosecution.