[HISTORY: Adopted by the Borough Council
of the Borough of Mars as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-4-1962 by Ord. No. 218]
It shall be unlawful for any peddler, canvasser,
or transient merchant, as defined in § 171-2 of this article,
to engage in any such business within the Borough of Mars without
first obtaining a license therefor in compliance with the provisions
of this article.
When used in this article, the following terms
shall have the following meanings:
- CANVASSER
- Any person who goes from house to house, from place to place, or from street to street soliciting or attempting to take orders from individuals for the sale of goods, wares, products or merchandise, including but not limited to magazines, books, periodicals, or personal property of any nature whatsoever, for future delivery or for service to be performed at that time or in the future, whether or not such individual has, carries, or exposes for sale the sample of the subject of such order or whether or not he is collecting advance payments on such orders.
- PEDDLER and TRANSIENT MERCHANT
- Any person who goes from house to house, from place to place, or from street to street conveying or transporting goods, wares, merchandise or products or offering or exposing the same for sale or making sales or delivering articles or products to purchasers.
The terms of this article shall not be held
to include the acts of persons selling personal property at wholesale
to dealers in such articles or to newsboys or the acts of established
merchants or their employees in delivering goods in the regular course
of business, nor shall the terms of this article be held to include
or apply to any farmer or truck gardener who shall then sell or dispose
of, or offer to sell or dispose of, the products of the farm or garden
occupied and cultivated by him, nor shall it apply to any manufacturer
of products or producer in the sale of bread and bakery products,
meat and meat products, or milk and milk products, except as hereinafter
modified, nor shall it include any bona fide religious or charitable
organization.
Applicants for a license under this article
must file with the Secretary of Council a sworn application, in writing,
on a form to be furnished by the Borough, which shall state the name
and physical description of the applicant, his permanent home address
and local address, and, in case of transient merchants, the local
address from which proposed sales will be mailed, a brief description
of the nature of the business and the goods to be sold, or, if employed,
the name and the address of the employer, together with credentials
therefrom establishing the exact relationship, the source of supply
of the goods or property proposed to be sold or orders taken for the
sale thereof, and the proposed method of delivery, a recent photograph
of the applicant, a statement as to whether or not the applicant has
been convicted of any crime, felony, misdemeanor, or violation of
any municipal ordinance other than traffic violations, and the nature
of the offense and the punishment or penalty assessed therefor.
Upon receipt of each application, it shall be
referred to the Chief of Police, who shall immediately institute such
investigation of the applicant's business and moral character as he
deems necessary for the protection of the public safety, and, if the
character and business responsibility of the applicant are found to
be satisfactory, the Chief of Police shall endorse upon the application
the approval and return the application to the Secretary, who shall,
upon payment of the prescribed license fee, deliver to the applicant
his or her license within 72 hours from the time the application was
originally filed.
Every applicant for a license under this article
shall pay the following license fee: $25 per day.
Anything to the contrary hereinbefore set forth,
notwithstanding and regardless of whether a peddler, canvasser and
transient merchant is required hereunder to have a license, no peddler,
canvasser, and transient merchant, nor anyone on his behalf, shall
shout, cry out, blow a horn, ring a bell, or use any sound or amplifying
device upon any of the streets, alleys, parks or other public places
of the Borough of Mars or upon private premises where sound of sufficient
volume is emitted or produced therefrom to be capable of being plainly
heard in the area for the purpose of attracting attention to any goods,
wares, products and merchandise which such peddler, canvasser, or
transient merchant proposes to sell.
No peddler, canvasser, or transient merchant,
licensed or otherwise, shall have any exclusive right to any location
on the public streets, nor shall any be permitted a stationary location
thereon, nor be permitted to operate in a congested area where such
operation might impede or inconvenience the public use of streets
or sidewalks.
No peddler, canvasser, or transient merchant,
licensed or otherwise, shall be permitted to operate upon the Sabbath,
nor before 9:00 a.m. or after 5:00 p.m., Eastern standard time, on
weekdays.
Licensees are required to exhibit their certificates
of license at the request of any citizen.
Any person, firm or corporation that shall violate
any of the provisions of this article shall forfeit and pay to the
Borough of Mars for each and every separate offense a maximum fine
of $300, to be collected as like fines and penalties are now by law
collectible and to be for the use of the Borough, and, in default
of payment of the said fine and costs, shall be committed to the county
jail for a period not exceeding 90 days.
