[HISTORY: Adopted by the Borough Council (now Municipal Council) of the Borough of Monroeville (now Municipality of Monroeville) 10-24-1955 by Ord. No. 53. Amendments noted where applicable.]
A. 
As used in this chapter, the following terms shall have the meanings indicated:
PERSON
Any natural person or firm, association, partners or partnership, corporation or other form of business enterprise.
TEMPORARY NATURE OR PERIOD OF TIME
Such a business as shall be operated, conducted, engaged in or maintained for a period of less than one year.
TRANSIENT BUSINESS
Any retail or wholesale business being operated, engaged in, maintained or conducted for the sale of goods, wares or merchandise or services within the Municipality in or under any tent or cover, building or structure of any kind or in a vacant lot or field not under cover, which business is of a temporary or nonpermanent nature or for a temporary period of time.
[Amended 12-13-1960 by Ord. No. 243]
B. 
The use of the singular herein shall also mean and include the plural, and the use of the male pronoun shall also mean and include the female and the neuter.
From and after the adoption of this chapter, it shall be unlawful and prohibited for any person, firm or corporation to engage in, commence, carry on, do, conduct or maintain any transient retail or wholesale business of any kind for the sale of goods, wares or merchandise within the Municipality until or unless he shall first have applied for and obtained a license from the Municipality as is required by this chapter. Every transient retail or wholesale business, as herein defined, shall be subject to the regulations of, and shall obtain a license as provided under, this chapter.
Every person, firm or corporation desiring or intending to engage in, commence, carry on, do, conduct or maintain such a transient retail or wholesale business and every person, firm or corporation presently engaged in conducting, doing or maintaining such a transient retail or wholesale business for the sale of goods, wares or merchandise within the Municipality and desiring or intending to continue the same shall, after the adoption of this chapter, make application to the Municipal Council, through the Municipal Secretary, for a transient retail or wholesale business license. The application for such a license shall state and set forth the applicant's name, address, place or location where the proposed business is or shall be conducted; the nature, purpose or kind of goods and merchandise of the business, which business shall not be of an unlawful or illegal nature; the kind of building or structure in or under which the business is or shall be conducted; the term or period for which the business shall be conducted; and the nature of the leasehold or right under which the premises is held upon which the business is or shall be conducted, and a copy of which written lease or right must be attached to and accompany said application. The application must be signed by the applicant or his duly authorized agent responsible for said business operation or management.
[Added 12-13-1960 by Ord. No. 243]
Every applicant for a transient license permit shall submit a letter from the owner or lessee of an establishment in the vicinity of the premises from which the transient business will be conducted stating that all persons who will be engaged in the transient business will be permitted to use sanitary facilities of that establishment. Such letter will not be necessary in those cases where adequate sanitary facilities exist on those premises from which the transient's business will be conducted. In either case, a certification of the Building Inspector must be obtained to ensure that such proper sanitary facilities either exist or are available to all persons engaged in the transient business.
[Amended 7-8-1997 by Ord. No. 2042]
From and after the adoption of this chapter, every transient retail or wholesale business for the sale of goods, wares and merchandise within the Municipality shall be subject and pay to the Municipality a license fee as provided in Chapter 194, Fees, for each month or fraction thereof that said business shall be engaged in, conducted, carried on or maintained. Said fee shall be payable on or before the first day of each month, in advance, without a grace period. Said license fee shall be for the use of the Municipality to provide ample and reasonable supervisory and inspection service for the proper enforcement of the regulations of this chapter.
[Amended 7-8-1997 by Ord. No. 2042]
From and after the adoption of this chapter, and within 60 days therefrom, every business, commercial and industrial enterprise being commenced, engaged in, carried on, conducted and maintained, whether permanent or transient, owned or leased, shall apply for and obtain an occupancy permit for the use and occupancy of the ground or building or premises where or upon which such business is conducted or operated. Such occupancy permit shall be similar to that provided for in Chapter 359, Zoning. The application for such permit shall contain information similar to that set forth in § 346-3 hereof. No fee shall be chargeable for such occupancy permit.
[Added 12-13-1960 by Ord. No. 243]
The applicant for a transient business license shall be required to obtain certification of the Tax Collector that a mercantile license tax license has been issued to him.
The Municipality by its duly authorized agent, shall have the right, power and authority to make periodic and necessary inspections at reasonable times during business hours to determine conditions regarding matters of health, sanitation, firesafety and the protection of persons and property and for such purposes is authorized and directed to enter upon any such business premises without liability of trespassing upon said property while engaged in and acting within the course and scope of his duties.
[Amended 12-13-1960 by Ord. No. 243; 7-8-1997 by Ord. No. 2042]
Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction in summary proceedings before any District Justice, be subject to pay a fine not exceeding $600, together with costs of prosecution, and, in default of the payment of said fine and costs, shall be committed to the Allegheny County Jail for a period not exceeding 30 days. Each and every day that such a violation shall be continued or persisted in after notice given of such violation shall be deemed a separate and new offense, subject to a separate and additional charge and subject to the penalties, cumulatively, as herein provided.
Nothing contained in this chapter shall be construed to apply to:
A. 
Farmers selling their own produce.
B. 
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.
C. 
Any manufacturer or producer in the sale of bread and bakery products, meat and meat products or milk and milk products.
D. 
Those persons or businesses as are exempted by the Borough Code of 1947, P.L. 1621, § 89, 53 P.S. § 15141 et seq.[1]
[1]
Editor's Note: Former 53 P.S. § 15141 et seq. was repealed by Act of 9-29-1961, P.L. 1745. For provisions regarding state licensing of auctioneers, see now 63 P.S. § 734.1 et seq.