[HISTORY: Adopted by the Borough Council of the Borough of Pennsburg
as indicated in article histories. Other amendments noted where applicable.]
[Adopted 10-7-1963 by Ord. No. 157]
From and after the passage of this article, unless a license has been previously obtained and payment therefor made as prescribed in § 70-3 hereof, it shall be unlawful for any person, firm or corporation, whether as principal or agent, to:
A.
Sell or offer for sale to the consuming public, on the
public highways or from house to house within the Borough of Pennsburg, Montgomery
County, Pennsylvania, as a huckster, peddler, hawker, street vendor, traveling
merchant or agent, any provisions, produce, fruit, vegetables, goods, wares
or merchandise, or any of them.
B.
Offer for sale goods, wares, merchandise, flowers and
plants from any fixed or permanent stand or location on the streets, lanes
or alleys of the borough.
[Amended 10-5-1998 by Ord. No. 9-98]
It shall be the duty of the Mayor, upon application of any person, firm
or corporation who may desire to be engaged, employed or concerned in any
business aforesaid, and upon the payment to the Borough Treasurer of the fee
or fees hereinafter specified, to issue a license to such person, firm or
corporation authorizing and allowing him or it to engage in the business aforesaid
during the time period for which the license is issued.
[Amended 10-5-1998 by Ord. No. 9-98]
The amount of the fee or fees to be paid to the Borough Treasurer for
the privilege of engaging in any of the businesses aforesaid shall be an amount
which shall be determined by the Pennsburg Borough Council from time to time
by resolution.
As evidence of the issuance of such license or licenses, the Mayor shall provide the licensee or licensees with suitable means of identification in the form of either an identification card or a button, which shall be carried and displayed by each person mentioned in § 70-3 hereof.
Nothing contained in this article shall be construed to apply to farmers
selling their own produce; to the sale of goods, wares and merchandise donated
by the owners thereof, the proceeds whereof are to be applied to any charitable
or philanthropic purpose; nor to any manufacturer or producer in the sale
of bread and bakery products, meat and meat products, milk and milk products
or ice and fuel; nor shall it be construed to prohibit any merchant, grocer
or dealer from delivering goods purchased at his store or place of business.
[Amended 4-4-1977 by Ord. No. 2-77]
Any person who shall violate any provisions of this article shall, upon
conviction thereof, be punishable by a fine of not more than $300 and costs
of such proceedings, or upon default in payment of such fine and costs, by
imprisonment in the county jail for a term of not more than 30 days. The continuation
of such violation for each successive day shall constitute a separate offense,
and the person or persons allowing or permitting the continuation of the violation
may be punished as provided above for each separate offense.
[Adopted 12-21-1989 by Ord. No. 9-89]
It shall be unlawful for any person, persons, firm or corporation to
store, display or sell any kind of foodstuff and beverages on public highways,
including sidewalks or cartways, or any portion thereof or to make use of
the sidewalk or cartway or any portion thereof as a place for waiters, waitresses,
salesmen, clerks or customers to stand or sit while transacting businesses
or in any way to obstruct the sidewalk or cartway or any portion thereof and
prevent the free use of the same by the general public.
The provisions of this article shall not apply to the sale and storage
or display of foodstuff and beverages when authorized and approved by Pennsburg
Borough Council, sidewalk sales and parades.
Any person, firm or corporation who or which shall violate any provision
of this article shall, upon conviction thereof, be sentenced to pay a fine
not more than $300 and/or to imprisonment for a term not to exceed three days.
Each day that a violation of this article continues shall constitute a separate
offense.
