Section 2901 - Licensing transient retail business

(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.

hropic 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.