[Adopted 4-6-1982 as Ch. 125, Art.
III, of the 1981 Code]
As used in this article, the following terms
shall have the meanings indicated:
Includes persons, firms or corporations, whether principal
or agent, entering into, beginning or desiring to begin a transient
retail business in the Borough of Norristown for the sale of any goods,
wares or merchandise whatsoever, with intent to close out or discontinue
such business within a period of one year from the date of commencement,
and who hire, lease, occupy or use any room, apartment, store, shop,
building, railroad car or other place or structure for exhibition
for sale of such goods, wares or merchandise; provided, however, that
nothing in this article shall be construed to apply to farmers selling
their own produce or to any sale of goods, wares and merchandise donated
by the owners thereof, the proceeds whereof are to be applied to any
charitable or philanthropic purpose.
[Amended 9-1-1992 by Ord. No. 92-19]
A.
No person, firm or corporation, principal or agent, shall engage or be engaged as a transient retail merchant, as defined in § 233-17 of this article, within the Borough of Norristown without having first obtained a license from the Department of Finance of the Borough of Norristown as hereinafter provided.
B.
Each and every transient retail merchant shall pay
to the Department of Finance for said license the sum of $75[1] for each month or fractional part thereof during which
any such sale is continued, each monthly license fee to be due and
payable in advance on the first day of each month thereafter.
C.
A separate license must be obtained for each branch,
establishment and separate place of business in which the trade, following,
profession or occupation of the transient retail merchant is carried
on, and each license shall authorize the person, firm or corporation
to conduct said business only at the location or place of business
which is indicated.
[Amended 9-1-1992 by Ord. No. 92-19]
All transient retail merchants shall, under
oath, make a declaration to the Department of Finance of the Borough
of Norristown of the number of days they propose to engage in business,
the location of the goods, wares and merchandise, by street and number,
and where said goods, wares and merchandise are to be sold. Said declaration
shall further disclose the name or names and residences of the owners
or persons in whose interest such business is conducted and shall
further state the quantity, kind and value of the stock of goods,
wares and merchandise intended to be sold or exposed for sale.
[Amended 9-1-1992 by Ord. No. 92-19]
Before a license, as herein provided, shall
issue, the applicant shall execute and deliver to the Borough Department
of Finance a good and sufficient bond with good and sufficient surety
or sureties, to be approved by the Borough Solicitor, equal in amount
to 25% of the value of the stock of goods, wares and merchandise as
shown in the declarations required under the provisions of this article,
but in no event shall said bond be less than $1,000 in amount, said
bond to remain in force for one year and to be conditioned to indemnify
and pay the Borough of Norristown any penalties or costs incurred
in the enforcement of this article and to also, by its terms, be so
conditioned as to indemnify or reimburse any purchaser of goods, wares
or merchandise in a sum equal to at least the amount of any payment
or payments such purchaser may have been induced to make through misrepresentations
as to the kind, quality or value of such goods, wares and merchandise,
whether said misrepresentations were made by the owners of their servants
or employees, either at the time of making the sale or through any
advertisement of any character whatsoever, printed or circulated,
with reference to said sale of said goods, wares or merchandise or
any part thereof.
[Amended 9-1-1992 by Ord. No. 92-19]
Before a license, as herein provided for, shall
issue, the applicant shall file with the Borough Department of Finance
an instrument, in writing, appointing the Borough Department of Finance
his true and lawful agent, with full power and authority to acknowledge
service or notice of process for and on behalf of said applicant in
respect to any matters connected with or arising out of said license
and the bond given as required by this article. Said instrument shall
recite that said applicant consents and agrees that service of any
notice or process may be made upon said agent and shall be as valid
as if personally served upon the person applying for said license
under this article.
[Amended 9-1-1992 by Ord. No. 92-19]
Any transient retail merchant of goods, wares
or merchandise, as defined in this article, who shall violate any
provision of this article in any part, upon conviction before any
District Justice in the Borough of Norristown, shall be fined not
less than $100 nor more than $600, to be collected as other fines
are by law collectible, and in default of the payment of said fine,
shall be imprisoned in the county jail for a period not exceeding
30 days.
