As of the effective date, as hereinafter provided,
it shall be unlawful for any person, firm or corporation to engage
in the business of peddling, hawking, selling or soliciting for the
sale of any types of goods, services, wares or merchandise, at any
residence or along any street within the confines of the Borough of
Moosic, or conduct any other type of temporary commercial activity
without first having secured a temporary sales permit.
As used in this chapter, the following terms
shall have the meanings indicated:
BOROUGH
The Borough of Moosic, Lackawanna County, Commonwealth of
Pennsylvania, a municipal corporation of the Commonwealth of Pennsylvania,
acting by and through its Council or, in appropriate cases, acting
by and through its authorized representative.
PERMANENT STRUCTURE
Any building or structure supported by columns or walls,
used or intended to be used for the shelter of persons or property,
and not capable of being moved or relocated, and not constructed to
be used without a permanent foundation.
STREET
Includes any street, road, lane, court, alley, cul-de-sac,
public way and public square, either for or intended for public use
and/or travel and shall include the cartway, sidewalk, gutter, and/or
right-of-way area, whether or not such street, or any part thereof,
is owned in fee by others than the Borough, and whether the street
is opened or unopened.
TEMPORARY COMMERCIAL ACTIVITY
Activity of peddling, hawking, selling or soliciting of/for
the sale of any types of goods, services, wares or merchandise, at
any residence or along any street within the confines of the Borough
of Moosic, which shall be conducted on a temporary or seasonal basis,
and is not conducted from a permanent structure; provided, however,
that such use is not accessory to a permanently permitted business
use.
ZONING ORDINANCE
The current Zoning Ordinance of the Borough of Moosic, Lackawanna
County, Commonwealth of Pennsylvania, and amendments.
Application for such a permit shall be submitted
to the Borough Zoning Officer on a form approved by the Borough Council.
Such permit shall state thereon the name and address of the applicant,
the date submitted, the name and address of the applicant's principal
or employer, if any, the specific type or types of merchandise to
be sold or solicited, and shall be accompanied by the required permit
fee.
All individuals engaged in or desiring to be
engaged in peddling or other activities licensed under this chapter
shall submit to a background check at their own expense.
The fee for such a permit shall be in the amount
of $25 per person for each day of intended activity as described herein.
The provisions of this chapter shall not apply
to any person, firm, organization, association or corporation selling
or soliciting the sale of goods, wares, services or merchandise solely
for charitable or nonprofit purposes, nor shall the provisions hereof
apply to officers or employees of any municipal, state or federal
government, or any subdivision or agency thereof, while on official
business.
Any person, firm or corporation violating any
provision of this chapter shall, upon conviction thereof, be fined
not more than $600, plus costs of prosecution, for each such offense,
and, in default of payment of such fine and costs, shall be imprisoned
for a period of not more than 30 days, and each day that a violation
occurs or continues shall be deemed a separate offense.
Any provision of this chapter may be enforced
by the Borough Zoning Officer, Code Enforcement Officer, the Mayor,
any Borough police officer, or the Borough Secretary when so instructed
by Borough Council.