[HISTORY: Adopted by the Council of the Borough of Punxsutawney as
Ch. 15, Art. I, of the 1974 Code. Amendments noted where applicable.]
[Amended 8-31-1987 by Ord. No. 943]
Unless a license has been previously obtained and payment therefor made
in advance as hereinafter prescribed, it shall be unlawful for any person
to engage in any of the following businesses or occupations except upon payment
of the license or permit fee as established from time to time by resolution
of the Borough Council:
A.
Transient merchants: to enter into, begin or conduct
a transient retail business in the Borough for the sale of any goods, wares
or merchandise whatsoever or to hire, lease or occupy a room, apartment, store,
shop, building or other structure or a part of any such room or building or
floor space therein for the purpose of exhibition and sale of such wares or
merchandise.[1]
[1]
Editor's Note: Former Subsection (1), Auctions and auctioneers,
which immediately preceded this subsection, was deleted 8-31-1987 by Ord.
No. 943.
B.
Stands: to sell, offer for sale or to gratuitously distribute
from temporary stands upon the streets or alleys of the Borough, any goods,
wares or merchandise whatsoever.
C.
Amusements: to show, exhibit or conduct in the Borough
amusements, at the entrance to which admission is charged, as follows: circuses,
circuses and menageries combined, sideshows, merry-go-rounds, theaters and
motion-picture theaters, skating rinks, public dances and similar amusements.
No license fee shall be charged for any lecture on current affairs or on any
scientific, historical, religious or literary subject nor any exhibition of
statuary, painting or handicraft of any kind nor any church or school affair
nor any performance or exhibition conducted for benevolent or charitable purposes.
D.
Poles: to use or occupy the public streets, alleys or
sidewalks within the Borough for the purpose of placement, having in place
or maintaining any telegraph, electric power, telephone, streetcar or other
poles.
E.
Transient photographers: every transient person conducting
the business of photography in the Borough. A transient photographer, for
the purpose of this subsection, is hereby defined as an itinerant photographer,
picture or view taker, coupon salesman, enlargement and Kodak solicitor or
canvasser therefor.
F.
Wheeled vehicles used as business places: to occupy any
wheeled vehicle as a business place within the Borough limits. No license
or permit fee shall be required when any wheeled vehicle becomes a permanent
fixture of the land on which it rests and such fixture has been assessed by
the Local Tax Assessor as real estate. The Mayor may revoke such license or
permit at any time upon proper cause shown that the occupancy of said wheeled
vehicle for dwelling or business purposes is injurious to public health, safety
and morals.
All licenses for any of the purposes set forth in § 157-1 shall be obtained from, issued by and payment in advance therefor made to the Mayor. All licenses shall be in writing, signed by the officer issuing the same and shall state the amount charged, the purpose for which issued and the time when the same shall expire. All annual licenses shall be divisible as follows: The calendar year shall be divided into quarters beginning January 1, April 1, July 1 and October 1; any license applied for and granted during the first quarter shall be in the full amount, any license applied for and granted during the second quarter shall be in 3/4 of the full amount, etc.
No license required by § 157-1 shall be transferable.
All licenses required by § 157-1 must be exhibited to any Borough officer or Council committee upon request.
All licenses required by § 157-1 are granted and accepted subject to the terms, conditions, stipulations and penalties herein mentioned and may be revoked by the Mayor if violated, abused or upon other cause being shown.
[Amended 8-31-1987 by Ord. No. 943]
Any person violating any provision of this chapter, upon conviction
before the District Justice, shall be guilty of a summary offense and shall
be subject to pay a fine not less than $25 nor to exceed the maximum fine
of $300, plus costs of prosecution, or to undergo imprisonment
for a term not exceeding 90 days, or both. Each day that such violation continues
shall constitute a separate offense.
