As used in this chapter, the following terms shall have the meanings
indicated:
ICE CREAM VENDOR
A person who goes from place to place or from house to house, traveling
on the public streets by vehicle and carries with him ice cream, ice-cream
products, water ices or frozen confectionery products of any kind or character
for the purpose of selling or offering to sell them to customers from the
vehicle.
No person shall engage in the business of peddling ice cream, ice-cream
products, water ices or frozen confectionery products of any kind or character
from vehicles in the borough without first obtaining a license therefor.
Application shall be made to the Borough Clerk, in writing, on forms supplied by the borough for that purpose. In addition to the information required by §
268-2, the applicant shall furnish the following information:
A. The name and address of the owner of the vehicle as registered
with the Motor Vehicle Department.
B. The date of purchase of the vehicle and the name and
address of the person from whom acquired.
C. If the applicant is not the owner, state what interest
he has in the ownership or operation of the vehicle.
D. The interest, if any, in the vehicle sought to be licensed to engage in the business defined in §
250-1 of any person, other than the applicant, and the address of that person.
E. Names and addresses of persons from whom ice cream, ice-cream
products, water ices or such frozen confectionery products have been or will
be purchased.
F. Three (3) business references.
G. All permanent home addresses of the applicant within
the last three (3) years.
H. The name and address of the salesman or operator of the
vehicle.
I. Whether or not the applicant or the owner or operator or salesman is the holder of a license under the provisions of Chapter
314, Peddling and Soliciting, Art. II; if so, the license number, date of issue, name of county where issued and whether it is still in force and effect.
Licenses issued pursuant to the provisions of this chapter shall be
good only for one (1) year in which issued and shall be effective from January
1 in each year. Any licensee applying for or obtaining a license after January
1 in any year shall pay the license fee for the full year.
No person engaged in the business of peddling ice cream, ice-cream products,
water ices or frozen confectionery products from vehicles shall:
A. Misrepresent the character or the quality of the merchandise
offered for sale or to importune or otherwise annoy any person or persons
for the purpose of effecting a sale.
B. Park any vehicle within the lines of any public street,
road or other public place for the purpose of engaging in such business for
a period longer than fifteen (15) minutes, and then only while making actual
sales. Vehicles shall be parked adjacent to the right-hand curbline in order
to ensure safety of customers. No vehicle used for conducting the business
aforesaid shall be parked within five hundred (500) feet of any school or
school property, when school is in progress.
C. Deposit or leave any paper wrappings, refuse or other
materials upon any street or sidewalk or public place. Each vehicle used for
conducting such business shall be equipped with a metal waste container having
a self-closing lid into which paper wrappings, refuse or other materials shall
be deposited.
D. Sound a bell or other similar device between the hours
of 8:00 p.m. and 9:00 a.m.
E. All products which shall be sold or offered for sale
from such vehicle shall comply with all laws and local ordinances relating
to food and food products.
F. All products shall be sold or offered for sale only in
sealed containers, and the filling of individual containers with ice cream,
ice-cream products, water ices or such frozen confectionery products in or
from any such vehicle from the street or highway or any other public place
is hereby prohibited.
In addition to the other law enforcement agencies of the borough, the
Health Officer, or his authorized agents, is hereby empowered to enforce the
provisions of this section and to make complaints and arrests for the violation
of any of the terms and provisions hereof.
In addition to being subject to the penalties provided in §
250-11, any license issued under provisions of this section may be revoked by the Borough Council for any misstatement in the application or for any violation of this section, after notice and hearing. A license may be suspended for a period not exceeding thirty (30) days. Should any license be revoked or suspended, no part of the license fee shall be returned.
[Amended 3-21-1988 by Ord. No.
955]
Any person violating any of the provisions of this chapter shall, upon
conviction, be subject to a minimum penalty of one hundred dollars ($100.)
and a maximum penalty of one thousand dollars ($1,000.). Except as otherwise
provided, each and every day in which a violation of any provision of this
chapter exists shall constitute a separate violation.