(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.
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