§ 12604 — Power to regulate and license transient merchants

(a) General rule.--With regard to transient merchants, a city shall have power, by ordinance, to regulate and license the transient merchant, including requiring that a license be procured prior to commencement of transient merchant activity.

(b) Penalty.--An ordinance adopted pursuant to subsection (a) may impose a penalty of not more than $500 for a violation of its provisions and may provide for other means of enforcement.

(c) License fee.--The fee for a transient merchant license shall not exceed $250 for each month during which any sale or solicitation is continued.

(d) Definition.--As used in this section, the term "transient merchant" shall:

(1) include all of the following:

(i) Transient wholesale and transient retail businesses for the sale of goods, wares or merchandise within the city.

(ii) Transient charitable solicitors for the solicitation of charitable contributions within the city.

(2) not include any of the following:

(i) Farmers selling their own produce.

(ii) Persons selling donated goods, wares and merchandise if the proceeds of the sale are to be applied to any charitable or philanthropic purpose.

(iii) A person selling bakery products, meat and meat products or milk and milk products, if that person is the manufacturer or producer of the products sold.