POLICY DATABASE
Borough of Greencastle, Pa., Code § 141-3 (current through Mar. 7, 2016)
Brief Summary
This provision exempts certain persons from having to pay a fee to act as a transient retail merchant (but still requires them to obtain authorization). Exempted categories include persons making and selling certain homemade foods and goods when proceeds are donated to charitable causes, and farmers selling their own products grown, raised, or processed on their farms.
Legal Strategies
Creates an exemption.
Reach
Community-wide
Food System Category: Distribute, Get
State: Pennsylvania
Jurisdiction Type: Other
Jurisdiction Name: Greencastle
Does the law refer to priority populations in some way?
Unclear. See references to "donation," "charitable" and "philanthropic." § 141-3.
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). §141-3(1).
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 a license fee exemption farmers selling products that they have grown, raised, or processed on their own agricultural property. § 141-3(A)(1)).
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. § 141-1.
Does the law address implementation in some way?
Yes. Various application review responsibilities are assigned to the Chief of Police or his or her delegate. § 141-5.
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Yes. Penalties/consequences include: revocation of authorization, fines and imprisonment. § § 141-8, -9.
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 141-3 is located in Part II General Legislation, Chapter 141: Peddling and Soliciting. History: adopted by the Borough Council of the Borough of Greencastle 8-7-1933 by Ord. No. 2-33; amended in its entirety 7-1-1985 (Ch. 13, Part 1, of the 1985 Code); amended 3-2-2015 by Ord. No. 2015-02.