Every person desiring a license under this chapter
shall appear in person at the office of the Chief of Police at the
municipal building and shall:
A. Complete and file an application, in writing, signed
and verified by the applicant, under penalty of perjury, which application
shall set forth:
(1) The name, address, occupation and a general description
of distinguishing physical appearance of the applicant.
(2) A detailed description of the kind and character of
business to be licensed, including a detailed statement of the merchandise
to be sold or for which orders are to be solicited.
(3) The name and address of the person, firm or corporation
for whom the applicant is selling or soliciting and/or who is or will
supply the merchandise sold.
B. Submit such additional identification, reference or
information as the Chief of Police may reasonably require.
C. Pay to the order of the Borough the fee required by
this chapter.
No person engaged in any transient retail business
shall:
A. Sell any product or type of product not mentioned
in his license.
B. Hawk or cry his wares upon any of the streets, alleys,
sidewalks or public grounds.
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
in order to sell therefrom to persons residing 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; or sell from a stand
placed upon any street, alley or sidewalk.
E. Engage in any business activity prohibited in the
Borough of Punxsutawney by law applicable thereto.
F. Engage in any house-to-house activity, except by prior
appointment, at any time on a Sunday or legal holiday or at any time
except from 8:00 a.m. to 8:00 p.m. any day of the week other than
a Sunday or legal holiday.
G. Engage in any such business at any time before 8:00
a.m. or after 11:00 p.m. on any day.
H. Make any false statements or misrepresentations in
the course of carrying on his business as peddler.
I. Have made any false statements or misrepresentations
in the application for license.
J. Have been convicted of any felony.
K. Conduct business in an unlawful manner or in such
a manner as to constitute a menace to the health, safety or general
welfare of the public.
Any person violating any provision of this chapter,
upon conviction before the District Magisterial Judge, shall be guilty
of a summary offense and shall be subject to pay a fine of 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, after notice is given of a first offense having occurred.
All ordinances or parts of ordinances which
are inconsistent herewith are hereby repealed.
If any sentence, clause, section, or part of
this chapter is for any reason found to be unconstitutional, illegal
or invalid, such finding shall not affect or impair the remaining
provisions of this chapter. It is hereby declared to be the intent
of the Punxsutawney Borough Council that this chapter would have been
adopted had such unconstitutional, illegal or invalid sentence, clause,
section or part thereof had not been included herein.
This chapter shall go into effect upon approval
and shall remain in effect until repealed or amended.