[Amended 10-7-1996 by Ord. No. 1996-4]
A. No person shall engage in any transient retail business or transient merchant business within the Municipality of Kingston without first having obtained from the Code Enforcement Officer a license for which a fee shall be charged for the use of the municipality as specified in §
165-9.
B. No person who is employed by, working for, soliciting for or on behalf of, who is an independent contractor for or on behalf of any transient retail business or transient merchant business shall solicit within the Municipality of Kingston without first having obtained from the Code Enforcement Officer a license for which a fee shall be charged for the use of the municipality as specified in §
165-9 under the heading "Solicitor."
[Amended 10-7-1996 by Ord. No. 1996-4]
A. Every person desiring a license under this chapter shall
first make application to the Code Enforcement Officer for such license. He
shall, when making such application, exhibit a valid license from any state
or county officer, if such license is also required.
B. The applicant shall state:
(1) His criminal record, if any.
(2) Name and address of the person by whom he is employed.
(3) Type of goods, wares and merchandise he wishes to deal
with in such transient retail business.
(4) Length of time for which license is to be issued.
(5) Type and license number of the vehicle to be used, if
any.
C. The applicant shall provide:
(2) A proof of residence in a form which is acceptable to
the Code Enforcement Officer.
(3) If the individual possesses a valid driver's license,
he or she must present the same.
(4) A form of photo ID, which could be a valid driver's
license.
(5) A valid credit card or bank reference. The bank reference
can be in a form of a current bank statement or any checking or savings account,
which must have the applicant's name appearing thereon.
D. The applicant shall be required to submit to taking of
a photograph by an employee or an agent of the municipality prior to the issuance
of any license.
Upon receipt of such application and the prescribed fee, the Code Enforcement
Officer, if he shall find such application in order, shall issue the license
required under this chapter. Such license shall contain the information required
to be given on the application therefor. Every license holder shall carry
such license upon his person, if engaged in 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, municipal officials and citizens or residents
of the Municipality of Kingston.
No person 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 in the municipality.
C. When operating from a vehicle, stop or park such vehicle
upon any of the streets or alleys in the municipality for longer than necessary
in order to sell therefrom to persons residing or working in the immediate
vicinity.
D. Park any vehicle upon any of the streets or alleys in
the municipality for the purpose of sorting, rearranging or cleaning any of
his goods, wares or merchandise or of disposing of any carton, wrapping material
or stock, wares or foodstuffs which have become unsalable through handling,
age or otherwise.
E. Engage in any business activity, except by prior appointment,
at any time on a Sunday or legal holiday or at any time before 9:00 a.m. or
after 6:00 p.m. on any day of the week other than a Sunday or legal holiday.
F. Engage in any business activity along municipal streets
without first contacting the Code Enforcement Officer and the Chief of Police
in order to determine if adequate and safe off-street parking with proper
sight distance at the point of ingress and egress is available and without
first obtaining all necessary permits from Pennsylvania Department of Transportation
for state thoroughfares.
The Code Enforcement Officer shall supervise the activities of all persons
holding licenses under this chapter. He shall keep a record of all licenses
issued hereunder and shall make a report thereof each month to the Mayor.
The Code Enforcement Officer is hereby authorized to suspend or revoke
any license issued under this chapter when he deems such suspension or revocation
to be beneficial to the public health, safety or morals, for violation of
any provision of this chapter or for giving false information upon any application
for a license hereunder. Appeals from any suspension or revocation may be
made to the Town Council at any time within 10 days after such suspension
or revocation. No part of a license fee shall be refunded to any person whose
license shall have been suspended or revoked.
[Amended 10-7-1996 by Ord. No. 1996-4]
A. The following fees shall be applicable to this chapter:
(1) Transient retail business license: $175.
(2) Transient merchant license: $50.
(3) Solicitor's license: $15.
B. The fee to be paid for a Transient Merchant License shall
be $50 for each month or fractional part thereof and shall be collected by
the Mayor before he shall issue any license under provisions of this chapter.
Such license shall be renewed monthly by the Mayor upon payment of the license
fee as herein provided.
C. The fee to be paid for a Transient Retail Business License
shall be $175 for each month or fractional part thereof and shall be collected
by the Mayor before he shall issue any license under provisions of this chapter.
Such license shall be renewed monthly by the Mayor upon payment of the license
fee as herein provided.
D. The fee to be paid for a Solicitor's License shall
be $15 for each month or fractional part thereof and shall be collected by
the Mayor before he shall issue any license under provisions of this chapter.
Such license shall be renewed monthly by the Mayor upon payment of the license
fee as herein provided.
E. All fees can be modified by Resolution of the Town Council.
[Amended 10-7-1996 by Ord. No. 1996-4]
Any person, firm or corporation who shall violate any provision of this
chapter, upon conviction thereof, shall pay a fine of $500 and, in default
thereof, be sentenced to a term of imprisonment of not more than 30 days.
Each day that a violation occurs or continues shall constitute a separate
offense.