POLICY DATABASE
Borough of Dallastown, Pa., Code § 198-2 (current through Aug. 14, 2017)
Brief Summary
This provision exempts certain people from having to pay for a transient retail merchant license (though it still requires them to register and obtain license). Exempted persons include those making and selling food and other goods for purposes of donating the proceeds, farmers selling their own produce, and manufacturers and producers of bread and bakery products, meat and meat products, or milk and milk products.
Legal Strategies
Creates an exemption.
Reach
Community-wide
Food System Category: Distribute, Get
State: Pennsylvania
Jurisdiction Type: Other
Jurisdiction Name: Dallastown
Does the law refer to priority populations in some way?
Unclear. See references to sales of donated produce/goods for charitable, and philanthropic purpose. § 198-2(B).
Does the law refer to or suggest a goal related to improving or protecting health?
Yes. See reference to farmers selling own "produce" (fruits and vegetables). §198-2.
Does the law refer to or suggest a goal of fostering improved environmental conditions?
No.
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
Yes. This provision creates license fee exemption for farmers selling products that they have grown, as well as for manufacturers and producers of bread/bakery items, meat and milk products. § 198-2.
Does the law include findings (including jurisdiction-specific findings), or are there findings in the larger section, title, article, or chapter which the law is part of?
No.
Does the law have a stated intent or purpose, or is there an intent or purpose in the larger section, title, article, or chapter which the law is part of?
No.
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. § 198-1.
Does the law address implementation in some way?
Yes. License review and issuance duties are assigned to the Borough Manager. § 198-4.
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Yes. "Any person who shall violate any provision of this chapter shall, for each and every such violation, upon conviction thereof, be punishable by a fine of not more than $600, plus costs of prosecution, and in default of payment of such fine and costs by imprisonment for not more than 30 days." § 198-6, -7.
Does the law include an evaluation component, beyond reporting on activity?
No.
Does the law require an extra or atypical financial or resource investment?
No.
Code context and ordinance history
Section 198-2 is located in Part II (General Legislation), Chapter 198 (Transient Retail Merchants). History: adopted by the Borough Council of the Borough of Dallastown 5-10-1982 by Ord. No. 343.