[HISTORY: Adopted by the Mayor and Council of the Borough of Wharton (Sec. 6-9 of the Revised General Ordinances). Amendments noted where applicable.]
Peddling and soliciting — See Ch. 219.
[Amended 12-17-2018 by Ord. No. O-20-18]
Notwithstanding the provisions of any ordinance to the contrary, it shall be lawful for a licensee to sell Christmas trees and holiday products outside from a location that is not a permanent retail business under the following terms and conditions:
Sales shall only occur between November 15 and December 25 in any year, between the hours of 9:00 a.m. to 9:30 p.m.
The place of such sales shall be located only in the CBD Zone, the OAL Zone, the B-1 Zone or the B-2 Zone, or on property that is tax exempt.
The outdoor sales area shall adhere to required setbacks and not interfere with pedestrian and vehicular circulation. Sidewalks shall not be blocked by the display of merchandise.
All applicants for a license shall pay the required license fee and shall file with the Housing and Zoning Officer a sworn written application on forms furnished by the Housing and Zoning Officer, which shall contain the following information:
The name and description of the applicant, including date of birth, driver's license number, if issued, and social security number or tax identification number.
The permanent home address and full local address, if any, of the applicant. If the applicant is a corporation, the name and address of its registered agent.
The name and address of employer, firm or person represented, together with credentials establishing the existing relationship.
If a vehicle is to be used, a description of such vehicle and its license number.
A statement as to whether the applicant and any employee has been convicted of any crime, misdemeanor or violation of any municipal ordinance, other than traffic offenses, the nature of the offense and punishment and/or penalty imposed.
If the applicant does not own the property on which the sales are to be conducted, a written statement from the owner of the property that the applicant has the authority to conduct such sales on the property.
A drawing of the location where sales will be conducted showing the location of parking and loading areas.
The licenses issued under this article shall be issued annually on October 1. If there are more than two applicants for the licenses, the determination as to who shall be issued the license shall be determined by a random draw conducted by the Housing and Zoning Officer at 10:00 a.m. on the first business day after October 1.
No license issued under this article may be assigned or transferred.