[Amended 1-3-2000 by Ord. No. 442]
Every person desiring a license under this chapter shall first make
application to the Chief of Police for such license. If such person shall
also be required to obtain a license from any state or county officer, he
shall, when making such application, exhibit a valid license from such state
or county officer. The applicant shall give his name and address; his previous
criminal record, if any; the name of the person by whom he is employed; the
type of goods, wares or merchandise he wishes to deal with in such transient
retail business; the length of time for which the license is to be issued;
and the type and license number of the vehicle to be used, if any.
[Amended 1-3-2000 by Ord. No. 442]
Upon receipt of such application and the requisite fee, the Chief of
Police, if he shall find such application in order, shall issue the license
required under this chapter. Such license shall contain the information to
be given on the application. Every license holder shall carry such license
upon his person, if engaged in a transient retail business from house to house
or upon any of the streets, alleys, sidewalks or public grounds, or shall
display such license at the location where he shall engage in such business
if doing so at a fixed location. He shall exhibit such license, upon request,
to all police officers, borough officials and citizens or residents of the
borough.
No person engaged in any transient retail business shall:
A. Sell any product or type of product not mentioned in
his license.
B. Hawk or cry his wares upon any of the streets, alleys,
sidewalks or public grounds in the borough or use any loudspeaker or horn
or other device for announcing his presence by which the public may be annoyed.
C. When selling from a vehicle, stop or park such vehicle
upon any of the streets or alleys in the borough for longer than necessary
in order to sell therefrom to persons residing in the immediate vicinity.
D. Park any vehicle in any of the streets or alleys in the
borough for the purpose of sorting, rearranging or cleaning any of his goods,
wares or merchandise or for disposing of any carton, wrapping material or
of any stock or wares or of foodstuffs which have become unsalable through
handling, age or otherwise.
E. Except at the time of special celebrations or occasions
and with special permission of the Mayor, occupy any fixed location upon any
of the streets, alleys, sidewalks or elsewhere out-of-doors within the borough
for the purpose of the sale, storage or display of any goods, wares or merchandise,
with or without a stand or counter.
F. Engage in such transient retail business at any time
on Sunday and, in the case of so engaging from house to house, at any time
before 9:00 a.m. or after 6:00 p.m. on weekdays.
The Chief of Police, under the direction of the Mayor, shall supervise
the activities of all persons holding licenses under this chapter, and he
shall keep a record of all licenses issued hereunder and make a report thereof
at each regular meeting of the Borough Council.
[Amended 1-3-2000 by Ord. No. 442]
The Chief of Police is hereby authorized to suspend any license issued
under this chapter when he deems such suspension to be beneficial to the public
health, safety or morals or for violation of any of the provisions of this
chapter or for giving false information upon any application for a license
hereunder. Appeals from any suspension may be made to the Borough Council
at any time within 10 days after such suspension. No part of a license fee
shall be refunded to any person whose license shall have been suspended.
[Amended 1-3-2000 by Ord. No. 442]
Any person who shall violate any of the provisions of this chapter shall,
upon conviction thereof before the District Justice, for every such violation,
be sentenced to pay a fine not exceeding $600, plus costs of prosecution for
each offense. Each day's violation of any of the provisions of this chapter
shall constitute a separate violation.