For purposes of this Article, the following words and phrases shall
have the meanings respectively ascribed to them by this section:
Any person who is engaged in the raising, growing and producing of
farm products on a farm and who does not engage in the business of buying
farm products for resale.
Any food crop, dairy products and other agricultural products designed
and to be used for food purposes.
A person who travels by foot, wagon, automotive vehicle or any type
of conveyance from place to place, from house to house, or from street to
street; remains in a stationary location carrying, conveying or transporting
or having in his possession goods, wares, merchandise, meats, fish, vegetables,
fruits, garden trucks, farm products or provisions, soil, topsoil, humus or
fertilizer and who offers and exposes same for sale; or makes sales and delivers
articles to purchasers or, without traveling from place to place, sells or
offers the same for sale from a wagon, automotive vehicle, railroad car or
other vehicle or conveyance or otherwise. One who solicits orders and, as
a separate transaction, makes deliveries to purchasers as part of a scheme
or design to evade the provisions of this Article shall be deemed a "peddler"
subject to the provisions of this Article. The word "peddler" shall include
the words "hawker" and "huckster."
No person shall engage in the business of a peddler, as defined in § 201-1,
unless he first obtains a license therefor.
Each applicant for a license under this Article shall file with the
Borough Clerk a sworn application in writing, in duplicate, on a form to be
furnished by the Clerk. The applicant shall give the following information
in his application:
B.
His legal address and local address, if any.
C.
A brief description of the nature of the business and
the goods to be sold and, in the case of products of farm or orchard, information
as to whether the products are produced or grown by the applicant.
D.
If employed, the name and address of the employer, together
with credentials establishing the exact relationship.
E.
The length of time for which the right to do business
is desired.
F.
If a vehicle is to be used, its description, together
with its license number or other means of identification.
G.
A statement as to whether the applicant has been convicted
of any crime or violation of any municipal ordinance, the nature of the offense
and the punishment or penalty assessed therefor.
A.
Upon receipt of the application, the original shall be
referred to the Chief of Police or to his authorized representative, who shall
cause such investigation as is necessary to verify the truthfulness and accuracy
of the application.
B.
Upon completion of such investigation, which shall be
completed within five days, the Chief of Police will endorse said application
and return it forthwith to the Borough Clerk, who will issue said permit following
payment of the required fee.
Each license issued under this Article shall contain the signature and
seal of the Clerk and shall show the name and address of the licensee and
the kind of goods to be sold thereunder, the amount of fee paid, the date
of issuance and the length of time the same shall be operative. It shall also
contain the license number and other identifying description of any vehicle
to be used in the licensee's business. The Clerk shall keep and maintain
a permanent record of all licenses issued. When a person, other than the licensee,
is temporarily acting for the licensee, he shall be permitted to do so, provided
that he carries upon his person a letter of authorization from the licensee
to that effect.
A license holder shall exhibit his license at the request of any person.
A.
[1]A license may be denied or, if issued, may be suspended for any
one of the following reasons:
(1)
Fraud, misrepresentation or false statement contained
in the application for license.
(2)
Fraud, misrepresentation or false statement made in the
course of carrying on the business.
(3)
Any violation of this Article.
(4)
Conviction of any crime involving moral turpitude.
(5)
Conducting the business in an unlawful manner or in such
a manner as to constitute a breach of the peace or to constitute a menace
to the health, safety or general welfare of the public.
(6)
Conducting business by accosting anyone against that
person's will or desire.
(7)
Using any amplifying system or other sound device in
connection with the business.
Upon suspension of a license or upon complaint seeking revocation of
a license, proceedings to revoke the license shall be as follows:
A.
Written charges setting forth specifically the grounds
of complaint and the time and place of hearing shall be promptly served upon
the licensee, personally or by mail addressed to the licensee at his last
known address.
B.
The hearing shall be held before the Mayor and Council
at a regular or special meeting not less than five days after service of the
charges.
C.
If the evidence taken at such hearing establishes the
commission of any of the acts set forth in § 201-8, the Mayor and
Council shall find the licensee guilty and may impose suitable punishment.
Such punishment may include further suspension or revocation of the license
or suspension of sentence.
The Clerk shall issue to each licensee, at the time of the delivery
of this license, an identification badge. The badge shall bear the words "licensed
peddler," the period for which the license is issued, and the number of the
license in letters and figures, easily discernible at 10 feet. The badge shall,
at the time such licensee is engaged in peddling, be worn by him in such a
way as to be conspicuous.
No peddler shall carry on his business, except between the hours of
8:00 a.m. and 9:00 p.m. He shall not have any exclusive right to any location
in the public streets, nor shall he be permitted a stationary location, nor
shall he carry on his business in any congested area where his operations
might impede or inconvenience the public. For the purposes of this Article,
the judgment of a police officer, exercised in good faith, shall be deemed
conclusive as to whether the area is congested or the public impeded or inconvenienced.
In no case shall any goods, wares or merchandise be displayed or any business
carried on within the limits of the public street or sidewalk area without
special permission of the Council.
The Chief of Police shall report to the Clerk all convictions for violation
of this Article, and the Clerk shall record the reports of violations in his
license records.
The provisions of this Article shall not apply to the following:
