[HISTORY: Adopted by the Borough Council of the Borough of Pen Argyl: §§ 70-1 and 70-2 and 70-4 through 70-9, 11-4-1968 by Ord. No. 353, approved 11-4-1968; § 70-3, 1-26-1956 as Section 6 of Ord. No. 274. Amendments noted where applicable.]
GENERAL REFERENCES
Taxation — See Ch. 96.
A. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
AMUSEMENT GAME
Any mechanical, electric or electronic device used or designed to be operated for entertainment or as a test of skill by the insertion of a piece of money, coin, token or other article or by paying money to have it activated. "Amusement game" shall not include a jukebox or any device maintained within a private residence for the use of the occupants thereof and their guests.
[Added 2-8-1983 by Ord. No. 412, approved 2-8-1983]
GAME ROOM
Any building, room, part of a room or enclosure containing more than four amusement games or within which the exclusive nature of the business consists of the operation of amusement games or wherein more than 50% of the gross revenues derived is from the proceeds collected from amusement games.
[Added 2-8-1983 by Ord. No. 412, approved 2-8-1983]
PERSON
Any natural person, partnership, association, firm or corporation, unless the context clearly indicates otherwise.
SCHOOL HOURS
Those hours during which the schools of the Pen Argyl Area School District conduct regular classes for students as herein defined.
[Added 2-8-1983 by Ord. No. 412, approved 2-8-1983]
STUDENT
Any person of compulsory school age as that term is defined in the Public School Code of the Commonwealth of Pennsylvania,[1] or any person who, while not of compulsory school age is a pupil or a person matriculating in a grammar or secondary school, either public or private.
[Added 2-8-1983 by Ord. No. 412, approved 2-8-1983]
TRANSIENT RETAIL BUSINESS
Includes the following:
(1) 
Engaging in peddling, canvassing, soliciting or taking orders, either by sample or otherwise, for any goods, wares or merchandise, upon any of the streets or alleys, sidewalks or public grounds or from house to house within the Borough of Pen Argyl.
(2) 
Selling, soliciting or taking orders for any goods, wares or merchandise from a fixed location within the Borough, on a temporary basis, which shall include but not be limited to such activities conducted at the time of special occasions or celebrations, for seasonal purposes or for or in advance of specific yearly holidays.
[1]
Editor's Note See 24 P.S. § 1-101 et seq.
B. 
Usage. The masculine shall include the feminine and the neuter; the singular shall include the plural, and the plural shall include the singular.
[Amended 5-17-1976 by Ord. No. 380, approved 5-17-1976]
A. 
No person shall engage in any transient retail business in the Borough of Pen Argyl without first having obtained a license from the Pen Argyl Borough Police Department, for which the following fee, which shall be for the use of the Borough, shall be charged:
[Amended 8-1-1995 by Ord. No. 514, approved 8-1-1995; 8-7-2001 by Ord. No. 568, approved 8-7-2001]
(1) 
Five dollars for one day, nonrenewable within one twelve-month period.
(2) 
Fifty dollars for 72 hours.
(3) 
Transient retail licenses may be issued for periods in excess of 72 hours, but each such license shall require a separate fee for each seventy-two-hour period. The first renewal shall be a fee of $50, and all subsequent renewals shall each be a fee of $100.
B. 
No license fee shall be charged under this section to farmers selling their own produce; for 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; nor to any manufacturer or producer in the sale of bread and bakery products, meat and meat products or milk and milk products; but the persons exempted hereby from payment of a license fee shall be required to register with the Pen Argyl Borough Police Department and to obtain a license without a fee.
[Amended 8-1-1995 by Ord. No. 514, approved 8-1-1995]
C. 
Any person dealing in any one or more of the hereinabove-mentioned exempted categories and selling other goods, wares or merchandise not so exempted shall be subject to the payment of the license fee fixed by this section for his activities in connection with the sale of goods, wares and merchandise not in such exempted categories.
D. 
The Pen Argyl Borough Police Department may also exempt from payment of the license fee and also from registering under this section persons working without compensation and selling goods, wares or merchandise for the sole benefit of any nonprofit corporation.
[Amended 8-1-1995 by Ord. No. 514, approved 8-1-1995]
E. 
Every license issued under the provisions of this section shall be issued on an individual basis to persons engaging in such business; every individual shall obtain a separate license, issued to him in his name, and the license fee imposed hereby shall be applicable to every such individual license.
[Amended 5-17-1976 by Ord. No. 380, approved 5-17-1976]
A. 
No person shall conduct, hold or operate any of the following activities or places of amusement without first having obtained and possessing a valid license or permit, for which the fee hereinafter respectively specified shall be payable. The license or permit provided for herein shall be valid for a period of one year from date of issuance:
(1) 
Motion-picture theater: $10.
(2) 
Dance hall: $10.
(3) 
Skating rink: $10.
(4) 
Billiard or pool room: $10.
(5) 
Bowling alley: $10 per establishment.
(6) 
Shooting gallery: $10 per establishment.
(7) 
Carnival: $25.
(8) 
Merry-go-round or similar device maintained other than at a carnival: $25.
(9) 
Any other public amusement or place of amusement: $10.
B. 
No fee shall be charged for a license or permit to conduct any activity at Weona Park.
C. 
No person shall own, possess or control an amusement game or permit such amusement game to be on property in a building, room or enclosure owned, possessed or controlled by that person unless the amusement game shall be licensed in accordance with this chapter and maintained and operated in accordance with this chapter. Any person granted a license for an amusement game shall not permit the operation thereof by students during school hours, nor shall any person granted a license for an amusement game permit the operation thereof by any person under the age of 13 years at any time, unless said child is accompanied by a parent or legal guardian.
[Added 2-8-1983 by Ord. No. 412, approved 2-8-1983]
D. 
No game room shall be permitted except as maintained and operated in accordance with this chapter. Any person operating a game room shall not permit operation of the game room during school hours, nor shall said person permit persons under the age of 13 years to enter the game room unless accompanied by a parent or legal guardian, nor shall the person permit any game room to be opened for business past the hour of 10:00 p.m., prevailing time, on any weekday or past the hour of 11:00 p.m., prevailing time, on Saturdays. In addition, no game room shall be permitted to operate on Sundays except within the hours of 1:00 p.m., prevailing time, and 6:00 p.m., prevailing time. Further, no game room shall be permitted without maintaining bathroom facilities on the premises.
[Added 2-8-1983 by Ord. No. 412, approved 2-8-1983]
E. 
Amusement game licenses.
[Added 2-8-1983 by Ord. No. 412, approved 2-8-1983]
(1) 
Fees. The license fee for amusement games shall be as follows:
(a) 
A person owning, possessing or controlling one amusement game shall pay a license fee of $25.
(b) 
A person owning, possessing or controlling two amusement games shall pay a license fee of $25 for the first amusement game and a license fee of $50 for the second amusement game, or a total for the two amusement games of $75.
(c) 
A person owning, possessing or controlling three amusement games shall pay a license fee of $25 for the first amusement game, $50 for the second amusement game and $75 for the third amusement game, or a total of $150 for three amusement games.
(d) 
A person owning, controlling or possessing four amusement games shall pay a license fee of $25 for the first amusement game, $50 for the second amusement game, $75 for the third amusement game and $100 for the fourth amusement game, or a total for four amusement games of $250.
(e) 
A person owning, possessing or controlling five or more amusement games shall pay $25 for the first amusement game, $50 for the second amusement game, $75 for the third amusement game, $100 for the fourth amusement game and $150 for every amusement game in excess of four amusement games.
(2) 
Any license issued shall authorize the location, installation and use of the amusement game and shall permit change or exchange of an amusement game as long as the total number of such amusement games located, installed and used shall not at any time exceed the number set forth in the original application made under this chapter. Whenever the total number of such amusement games located, installed or used shall exceed the total number for which the license was issued, application shall be made for a license for the amusement games in excess of the total for which the preceding license was granted.
[Amended 5-17-1976 by Ord. No. 380, approved 5-17-1976]
Every person desiring a license under this chapter shall first make application to the Borough Secretary. If such person shall also be required to obtain a license from a state or county officer, he shall, when making such application, exhibit a valid license from such state or county officer. The applicant shall give the following information: his full name and local address, if any; his permanent address; whether or not he has ever been convicted of any crime, and if so, when, where, the nature of the offense and the punishment or penalty imposed therefor; the name of the person by whom he is employed; the type of goods, wares and merchandise in which he wishes to deal in such transient retail business; the length of time for which such license is to be issued; and the type and license number of the vehicle to be used, if any. The applicant shall verify in writing over his signature the accuracy of the information furnished by him. Upon request, the applicant shall submit to fingerprinting and shall submit a photograph.
[Amended 5-17-1976 by Ord. No. 380, approved 5-17-1976]
Within 48 hours after the applicant shall have furnished the information required under § 70-4 of this chapter, the applicant, upon payment of the license fee required under this chapter, shall be registered by the Borough Secretary in a record book or file maintained for the purpose.
[Amended 5-17-1976 by Ord. No. 380, approved 5-17-1976]
Upon approval of the application as set forth in the preceding section, the Borough Secretary shall issue to the applicant a license in the form of an identification card which shall contain: the name of the license holder; his address, sex, color, height, weight and color of hair and eyes; the name of his employer, if any; and the length of time for which such license shall have been issued. Every license holder shall carry such license upon his person if engaged in a transient retail business from house to house or upon any of the streets, alleys, sidewalks or public grounds, or shall display such license at the location where he shall engage in such business if doing so at a fixed location. He shall exhibit such license, upon request, to all police officers, Borough officials and citizens or residents of the Borough.
No person engaged in any transient retail business shall:
A. 
Sell any product or type of product not mentioned in his license application.
B. 
Hawk or cry his wares upon any of the streets, alleys, sidewalks or public grounds in the Borough.
C. 
When selling from a vehicle, stop or park such vehicle upon any of the streets or alleys in the Borough for longer than necessary to sell therefrom to persons residing, doing business or engaging in recreation in the immediate vicinity.
D. 
Park any vehicle upon any of the streets or alleys in the Borough for the purpose of sorting, rearranging or cleaning any of his goods, wares or merchandise or of disposing of any carton, wrapping material or any stock or wares or foodstuffs which have become unsalable through handling, age or otherwise.
E. 
Engage in such transient retail business at any time prior to 6:00 a.m. or after 10:00 p.m.
[Amended 5-17-1976 by Ord. No. 380, approved 5-17-1976]
The Borough Secretary shall have authority to revoke any license issued under this chapter at any time when the Secretary deems such revocation to be beneficial to the public health, morals or safety, or for any violation of any provision of this chapter or for giving false information upon any application for a license hereunder, or in case where the license holder shall have been convicted of disorderly conduct in the Borough or where he shall have been convicted of any crime involving moral turpitude after the issuance of such license. Appeals from any revocation may be made to the Borough Council within 10 days after the revocation. No part of a license fee shall be refunded to any person whose license shall have been revoked.
[Amended 5-17-1976 by Ord. No. 380, approved 5-17-1976]
Any person violating any of the provisions of this chapter shall, upon conviction in a summary proceeding before a District Magistrate, be sentenced to pay a fine of not more than $300 and costs of prosecution, and in default of payment of such fine and costs, to imprisonment in the county jail for not more than 30 days.