- (a) Authority.— A borough may, by ordinance, regulate and license transient merchants engaged in any transient retail business within the borough.
(b) Licensure.— The following shall apply:
- (1) An ordinance under this section may prohibit the transient retail business without a license and provide for enforcement by penalties or other appropriate means.
- (2) Except as set forth in paragraph (3), an ordinance under this section may set a license fee which bears a reasonable relationship to the cost of administering the ordinance and regulating and inspecting the transient retail business.
(3) Paragraph (2) does not apply as follows:
(i) Except as set forth in paragraph (ii), the ordinance may not impose a license fee on the following transient merchants:
- (A) A farmer selling the farmer's own produce.
- (B) A person selling personal property if the proceeds of the sale are to be applied to a charitable or philanthropic purpose.
(C) A manufacturer or producer in the sale of any of the following:
- (I) Bread. This subclause includes a bakery product.
- (II) Meat. This subclause includes a meat product.
- (III) Milk. This subclause includes a milk product. This subclause does not include ice cream or another frozen dessert.
- (ii) The exception under this paragraph does not apply to a transient merchant that is also selling other personal property not excepted under subparagraph (i).
- (c) Registration.— An ordinance under this section may require that a transient merchant exempt under subsection (b)(2) register with the borough and otherwise be subject to all other provisions of the ordinance.
- (d) Definition.— As used in this section, the term "transient merchant" means a person engaged in transient retail business for the sale of personal property, whether the business is conducted from a fixed location within the borough or by an individual engaged in peddling, soliciting or the taking of orders from house to house.