For the purposes of this Article, the following terms shall have the
meanings indicated:
A person, whether principal or agent, who engages in a merchandising
business consisting of the sale of goods, wares or merchandise in the borough
with intent to close out or discontinue such business within one year from
the date of commencement, including those who, for the purpose of carrying
on such business, hire, lease or occupy any building, structure, vehicle or
railroad car for the exhibition or sale of such goods, wares and merchandise.
It shall be unlawful for a transient merchant or itinerant vendor as
defined in § 201-14 to engage in such business within the borough
without first obtaining a license therefor in compliance with the provisions
of this Article.
Nothing in this Article shall apply to or require the obtaining of a
license by any charitable or religious society that shall conduct sales of
personal property when the proceeds shall be applied to the payment of the
expenses thereof and to the charitable or religious object for which the society
exists, and nothing in this Article shall apply to or require the obtaining
of a license by any art, antique or historical society that shall conduct
an exhibition and sale of art objects, pictures, paintings, prints, historical
articles and furniture generally known and designated as "antiques" and "kindred
objects," and nothing in this Article shall apply to or require the obtaining
of a license by any agricultural show, fair or garden society.
Applicants for a license under this Article, whether a person, firm
or corporation, shall file a written sworn application signed by the applicant,
if an individual, by all partners, if a partnership, and by the president,
if a corporation, with the Borough Clerk, showing:
A.
The name of the person having the management or supervision
of applicant's business during the time it is proposed that it will be
carried on in the borough; the local address of such person while engaged
in such business; the permanent address of such person; the capacity in which
such person will act (that is, whether as proprietor, agent or otherwise);
the name and address of the person for whose account the business will be
carried on, if any; and if a corporation, under the laws of what state the
same is incorporated.
B.
The fingerprints of the person having the management
or supervision of applicant's business or, in lieu thereof, at least
three letters of recommendation from reliable property owners in the county
certifying as to the applicant's good character and business responsibility
or other evidence which establishes to the satisfaction of the Borough Council
the good character and business responsibility of such person.
C.
The place in the borough where it is proposed to carry
on applicant's business and the length of time during which it is proposed
that such business shall be conducted.
D.
The place, other than the permanent place of business
of the applicant, where the applicant, within the six months next preceding
the date of the application, conducted a transient business, stating the nature
thereof and giving the post office and street address of any building or office
in which such business was conducted.
E.
A statement of the nature, character and quality of the
goods, wares or merchandise to be sold or offered for sale by applicant in
the borough.
F.
A brief statement of the nature and character of the
advertising done or proposed to be done in order to attract customers and,
if required by the Borough Clerk, copies of all such advertising, whether
by handbill, circular, newspaper advertising or otherwise, shall be attached
to such application as exhibits thereto.
G.
Whether or not the person having the management or supervision
of the applicant's business has been convicted of a crime, misdemeanor
or the violation of any municipal ordinance, the nature of such offense and
the punishment assessed therefor.
H.
Credentials from the person for which the applicant proposes
to do business authorizing the applicant to act as such representative.
I.
Such other reasonable information as to the identity
or character of the person having the management or supervision of applicant's
business or the method or plan of doing such business as the Borough Clerk
may deem proper to fulfill the purpose of this Article in the protection of
the public good.
Upon receipt of such application, the Police Chief shall cause such
investigation of such person's business responsibility or moral character
to be made as he deems necessary to the protection of the public good. If,
as a result of such investigation, the applicant's character and business
responsibility are found to be unsatisfactory, the application shall be denied.
If, as a result of the investigation, the character and business reputation
appear to be satisfactory, the Police Chief shall so certify in writing, and
a license shall be issued by the Borough Clerk. The Borough Clerk shall keep
a full record in his office of all licenses issued.
Any person aggrieved by the decision of the Borough Clerk in regard
to the denial of the application for a license as provided for in § 201-18
shall have the right to appeal to the Borough Council. Such appeal shall be
taken by filing with the Council, within 14 days after notice of the decision
by the Borough Clerk has been mailed to such person's last known address,
a written statement setting forth the grounds for the appeal. The Council
shall set the time and place for a hearing on such appeal, and notice of such
hearing shall be given to such person in the same manner as provided in § 201-24
for notice of hearing or revocation of license. The order of the Council on
such appeal shall be final.
Such license shall contain the number of the license, the date the same
is issued, the nature of the business authorized to be carried on, the amount
of the license fee paid, the expiration date of such license, the place where
such business may be carried on under such license and the name of the person
authorized to carry on the same.
Before any license, as provided by this Article, shall be issued for
engaging in a transient or itinerant business, as defined in § 201-14,
such applicant shall file with the Borough Clerk a bond running to the borough
in the sum of $2,000 executed by the applicant, as principal, and by two sureties
upon whom service of process may be made in the state or by a surety corporation
authorized to do business within the state, conditioned that such applicant
shall comply fully with all of the provisions of this Code and other ordinances
of the borough and the statutes of the state regulating and concerning the
sale of goods, wares and merchandise and will pay all judgments rendered against
such applicant for any violation of such ordinances or statutes, or any of
them, together with all judgments and costs that may be recovered against
him by any person for damage growing out of any misrepresentation or deception
practiced on any person transacting such business with such applicant, whether
such misrepresentations or deceptions were made or practiced by the owners
or by their servants, agents or employees either at the time of making the
sale or through any advertisement of any character whatsoever, printed or
circulated with reference to the goods, wares and merchandise sold or any
part thereof. Action on the bond may be brought in the name of the borough
to the use of the aggrieved person. Such bond shall not be valid unless it
is approved by the Borough Attorney, both as to form and as to the responsibility
of the sureties thereon.
All transient merchants or itinerant vendors, as defined in § 201-14,
before offering for sale any goods, wares or merchandise, shall pay to the
Borough Clerk for use of the borough the sum of $200, and upon payment of
such sum, such transient merchant or itinerant vendor shall be entitled to
apply for and receive a license which shall continue in favor of the person
to whom it is issued for the period of 180 days from the day of issuance.
The license issued under this Article shall be posted conspicuously
in the place of business named therein. In the event that such person applying
for such license shall desire to do business in more than one place within
the borough, separate licenses may be issued for each place of business and
shall be posted conspicuously in each place of business.
A.
Any license issued pursuant to this Article may be revoked
by the Borough Council after notice and hearing for any of the following causes:
(1)
Any fraud, misrepresentation or false statement contained
in the application for license.
(2)
Any fraud, misrepresentation or false statement made
in connection with the selling of goods, wares or merchandise.
(3)
Any violation of this Article.
(4)
Conviction of the licensee of any felony or of a misdemeanor
involving moral turpitude.
(5)
Conducting the business licensed under this Article 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.
B.
Notice of hearing for revocation of a license shall be
given in writing, setting forth specifically the grounds of the complaint
and the time and place of the hearing. Such notice shall be mailed, postage
prepaid, to the licensee at his last known address at least five days prior
to the date set for the hearing.
Before any license as herein provided shall be issued for engaging in
business as an itinerant merchant in the borough, such applicant shall file
with the Borough Clerk an instrument nominating and appointing the Borough
Clerk or the person performing the duties of such position his true and lawful
agent with full power and authority to acknowledge service or notice of process
for and on behalf of such applicant in respect to any matters connected with
or arising out of the business transacted under such license and the bond
given as required by § 201-21 or for the performance of the conditions
of such bond or for any breach thereof, which such instrument shall also contain
recitals to the effect that the applicant for such license consents and agrees
that service of any notice or process may be made upon the agent and, when
so made, shall be taken and held to be as valid as if personally served upon
the person or persons applying for such license under this Article, according
to the law of this or any other state, and waiving all claim or right of error
by reason of such acknowledgment of service or manner or service. Immediately
upon service of process upon the Borough Clerk, as herein provided, the Borough
Clerk shall send to the licensee at his last known address, by registered
mail, a copy of such process.
The Borough Clerk shall deposit the record of fingerprints of the licensee,
together with the license number, with the Chief of Police. The Chief of Police
shall report to the Borough Clerk any complaints against any person licensed
under the provisions of this Article and any convictions for the violation
of this Article. The Borough Clerk shall keep a record of all such licenses
and of such complaints and violations.
It shall be the duty of the police officers of the borough to examine
all places of business and persons in their respective territories subject
to the provisions of this Article to determine if this Article has been complied
with and to enforce the provisions of this Article against any person found
to be violating the same.
Nothing in this Article shall be construed to affect the sale of fruits,
vegetables, Christmas trees and wreaths and farming products, such as meat,
poultry, butter and eggs, nor shall the same affect any person who does not
sell from stock but exhibits samples only for the purpose of securing orders
for future delivery only.
No person shall be relieved from complying with the provisions of this
Article merely by reason of associating temporarily with any local dealer,
trader, merchant or auctioneer or by conducting such transient business in
connection with, as part of or in the name of any local dealer, trader, merchant
or auctioneer.
No transient merchant or itinerant vendor shall fail to comply with
the requirements of this Article or any part thereof or make a false or fraudulent
representation in any statement required by this Article to be filed by him
or falsely represent by advertising or otherwise that personal property is
in whole or in part damaged goods saved from fire or make any false statement
as to the previous history or character of such personal property.
