§ 416-2. License required; conditions of issuance; fee.

A. 

No person shall engage in any transient retail business within the Borough of Walnutport without first having obtained from the Borough Secretary a license, for which a fee, which shall be for the use of the Borough of Walnutport, shall be charged, as follows: $25 a day or fraction thereof; $10 for one week or fraction thereof; $20 for one month or fraction thereof. The fee may be amended from time to time by Borough resolution. Provided, no license fee shall be charged under this section:

(1) 

To farmers selling their own produce;

(2) 

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 purpose;

(3) 

To any manufacturer or producer in the sale of bread and bakery products, meat and meat products, or milk and milk products;

(4) 

To children under the age of 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;

(5) 

To any honorable discharged member of any of the armed services who complies with the Act of 1867, April 8, P.L. 50, as amended, and who procures from the Prothonotary a certificate in pursuance of the Act of Assembly;

Editor's Note: Said Act was repealed 11-24-1992 by P.L. 717, No. 108.

(6) 

To the seeking or taking of orders by insurance agents or brokers licensed under the insurance laws of the Commonwealth of Pennsylvania;

(7) 

To any person who has complied with the provisions of the Solicitation of Charitable Funds Act, 1963, August 9, P.L. 628; or

Editor's Note: See 10 P.S. § 162.1 et seq.

(8) 

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 business.

B. 

But all persons exempted hereby from the payment of the license fee shall be required to register with the Secretary and obtain a license without fee. Provided further: 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: the Secretary may similarly exempt from payment of license fee, but not from registering with him, persons working without compensation and selling goods, wares, or merchandise for the sole benefit of any nonprofit corporation. Provided further: every license issued under the provisions of this chapter shall be issued on an individual basis to any person or persons 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 a representative of a charitable organization may obtain the licenses for the applicants therein.

Amended 8-13-1992 by Ord. No. 92-4; 3-12-1998 by Ord. No. 98-1; 1-12-2012 by Ord. No. 2012-02