[HISTORY: Adopted by the Borough Council of the Borough of
Boyertown 3-2-1959 by Ord. No.
3-59. Amendments noted where applicable.]
Whenever and wherever used in this chapter, these words shall
mean and be defined as follows:
The duly appointed Secretary of the Borough of Boyertown.
Any public or semipublic performance, exhibition or entertainment,
other than concerts, lectures or art exhibitions, as hereinafter defined,
at which people, animals and/or objects are seen and/or perform or
games of chance or skill are played and for which a fee is charged
for admission or participation; provided, however, that this shall
not be construed so as to apply to any regularly scheduled performance
by a permanent motion-picture theater.
The duly appointed Chief of Police of the Borough of Boyertown.
Any public or semipublic musical concert, scientific or educational
lecture or art exhibition for which a fee is charged for admission.
One who sells provisions or food items from a vehicle or
by going from door to door with a vehicle; provided, however, that
this shall not include farmers selling their own produce or manufacturers
or producers in the sale of bread and bakery products, meat and meat
products or milk and milk products.
The Borough Secretary, Mayor or Chief of Police as provided in § 118-2D hereof.
[Amended 4-5-1993 by Ord.
No. 1-93]
The duly elected Mayor of the Borough of Boyertown.
[Amended 4-5-1993 by Ord.
No. 1-93]
One who, for himself or as agent or salesman, sells merchandise,
books, magazines or any article of any other kind or nature, excepting
food items, by going from door to door or from any stand on the sidewalks
or streets of the Borough.
Any individual, partnership, firm, association, joint venture,
corporation or other organization of individuals.
An individual who resides within or an individual, partnership,
firm, association, joint venture, corporation or other organization
of individuals who or which has a permanent place of business within
the corporate limits of the Borough of Boyertown.
One who, for himself or as salesman or agent for another,
solicits orders for future delivery.
A person who is engaged in selling or exhibiting for sale
any goods, wares, merchandise or other article of any kind or nature
from a temporary or semipermanent location within the corporate limits
of the Borough of Boyertown and who has not been a resident of the
Borough of Boyertown for a period of six months immediately preceding
the commencement of such business or who does not intend to continue
such business for a continuous period of at least six months or who
is not the owner of real estate having an assessed value of at least
$1,000 within the corporate limits of the Borough of Boyertown.
A.
On and after the effective date of this chapter, no person shall own, operate or conduct any of the businesses, entertainments or public performances enumerated in § 118-3 hereof within the corporate limits of the Borough of Boyertown without first having obtained a license therefor upon the payment of the license fee and compliance with the regulations as set forth in § 118-3 hereof.
B.
All licenses for which an annual license fee is prescribed in § 118-3 hereof shall be issued and valid from the 15th day of January in the year in which it is issued until the 15th day of January of the succeeding year. Wherever such annual license is not issued until after the 15th day of July of any year, only 1/2 of the annual license fee shall be payable, and such license shall be issued and valid until the 15th day of January of the succeeding year.
C.
Wherever a license is issued on a performance, daily, weekly or monthly
basis, such license shall bear the calendar dates on which it is effective
and valid, and the full license fee shall be paid for such period
of time before it is issued.
D.
Upon the payment of the license fee and the compliance with all regulations set forth in § 118-3 hereof, the Borough Secretary be and he is hereby authorized to issue the licenses provided for in this chapter. In the absence of the Borough Secretary, such licenses may be issued by the Mayor, and in the absence of the Borough Secretary and the Mayor, such licenses may be issued by the Chief of Police.
[Amended 4-5-1993 by Ord.
No. 1-93]
E.
Any individual applying for a license under this chapter shall provide
the Borough with his or her previous criminal record, if any. The
Borough's Police Department shall also have the authority to
run a criminal record history on any individual applying for a license
under this chapter.
[Added 8-4-2008 by Ord.
No. 04-08]
[Amended 4-5-1993 by Ord.
No. 1-93]
A.
Carnivals, fairs or circuses. The license fee for every carnival,
fair or circus shall be as set forth from time to time by resolution
of the Borough Council.
B.
Concerts, lectures and art exhibitions. The license fee for every
concert, lecture or art exhibition shall be as set forth from time
to time by resolution of the Borough Council.
C.
Hucksters.
(1)
The license fee for every huckster shall be as set forth from time
to time by resolution of the Borough Council.
(2)
Each huckster license shall be issued for one vehicle only and shall
license only the operator thereof and one accompanying employee.
(3)
Every huckster licensee shall carry his license at all times that
he is engaging in business, shall show the same upon demand to all
police officers or other Borough authorities and shall mark on each
side of his vehicle the words "Huckster License No. _____" followed
by the number of his license.
D.
Parades.[1]
(1)
The license fee for all persons, other than those covered by Subsection A of this section, desiring to occupy or use the streets of the Borough for the purpose of a parade shall be as set forth from time to time by resolution of the Borough Council.
(2)
No parade license shall be issued fewer than 10 days prior to the
scheduled date thereof.
(3)
All persons desiring a parade license shall first register with the
licensing officer the name and address of the person sponsoring and
in charge of the parade, the approximate number of individuals and
vehicles expected to participate therein, the approximate size or
length of the parade, the proposed route and the hours during which
it will be conducted.
E.
Peddlers.
(1)
The license fee for each peddler shall be as set forth from time
to time by resolution of the Borough Council.
(2)
In addition to paying the license fee, each peddler shall register
his or her name and address, the name and address of his or her employer,
if any, and the name and address of the person producing, supplying,
manufacturing or selling the products or merchandise in which he or
she deals and shall submit to such fingerprinting and other identification
requirements as the Licensing Officer may deem necessary. The Licensing
Officer shall investigate both the peddler and the products he or
she wishes to sell before issuing the license.
F.
Sample merchant.
(1)
The license fee for each sample merchant shall be as set forth from
time to time by resolution of the Borough Council.
(2)
In addition to paying the license fee, each sample merchant shall
first register his or her name and address, the name and address of
his or her employer, if any, and the name and address of the person
producing, supplying, manufacturing or selling the products or merchandise
in which he or she deals and shall submit to such fingerprinting and
other identification requirements as the Licensing Officer may deem
necessary. The Licensing Officer shall investigate both the sample
merchant and the products he or she wishes to sell before issuing
the license.
G.
Transient wholesale or retail merchant.
(1)
The license fee for each transient wholesale or retail merchant shall
be as set forth from time to time by resolution of the Borough Council.
(2)
No transient wholesale or retail merchant shall sell any goods, wares
or merchandise from any vehicle on any of the public streets in the
Borough of Boyertown.
(3)
No such license shall be required of farmers selling their own products
or any manufacturer or producer selling or distributing bread or bakery
products, meat or meat products, milk or milk products.
(4)
Whenever the Licensing Officer shall be of the opinion that any person is conducting the business of a transient wholesale or retail merchant without having first obtained a license, he shall immediately cause a police officer or constable of the Borough of Boyertown to serve upon such person written notice requiring him, her or it to file with the Licensing Officer within 24 hours thereafter a statement, under oath, setting forth the following: the full names, residence, business address and length of residence and business address of any and all persons interested in such business and the addresses at which he, she or they last paid per capita taxes and voted; the full address at which such business is to be conducted within the corporate limits of the Borough of Boyertown; the nature of the business, date of its commencement and the length of time during which it will be conducted; location and valuation of any real estate within the corporate limits of the Borough of Boyertown owned by all persons interested in said business; and whether the location at which said business is to be conducted is owned or leased, and if leased, the terms of the lease. Any person so notified who fails to file such statement with the Licensing Officer as above provided shall be conclusively deemed to be a transient wholesale or retail merchant and shall be subject to the penalties set forth in § 118-9 hereof for failure to obtain a license.
H.
Exemptions for charitable and educational purposes. The Licensing
Officer shall issue without the payment of a license fee a license
for any sale, carnival, circus, fair, concert, lecture or art exhibition
given by or for the exclusive benefit of charities or of churches,
schools, fire companies, lodges, societies or civic organizations
of the Borough of Boyertown; provided, however, that this exemption
from the payment of license fees shall not apply to any indoor or
outdoor circuses, carnivals or amusement companies, regardless of
whom its sponsor may be.
I.
Other exemptions. No license shall be required of persons conducting
judicial, legal or estate sales.
A.
Every person desiring to solicit money within the corporate limits
of the Borough of Boyertown shall first register and file with the
Licensing Officer a statement, under oath, setting forth:
No such license issued under this chapter shall authorize or
excuse any breach of law or any trespass upon the rights of others
or render the Borough liable for any damage that may be committed
or caused under color thereof.
The Licensing Officer may at any time revoke any license if there shall have been committed any breach of the terms or conditions under which the same was issued, by serving upon the person to whom the same was issued notice of such revocation and making a record thereof in the offices of the Borough, and from and after the service of such notice, any act done under color of such license shall subject the person doing or suffering it to be done to the same penalty as if he, she or it had done such act without such license unless, however, an appeal from such revocation is sustained as provided in § 118-7 hereof.
If any person shall feel aggrieved by actions or decisions of
the Licensing Officer in administering this chapter, or by the neglect
or refusal of the Licensing Officer to issue any license or by the
terms or conditions therein imposed or by any revocation of such license,
he, she or it may appeal to the Borough Council by giving written
notice to it and the Licensing Officer within one week after such
decision, refusal or notice of revocation, and such decision, terms,
conditions, refusal or revocation shall be binding upon the appellant
until the Borough Council shall sustain or dismiss the appeal or order
such modifications as it may deem proper, not inconsistent with the
Borough ordinances.
[Amended 4-5-1993 by Ord.
No. 1-93]
The Borough Manager, Mayor or Chief of Police shall have full
power and authority to close any business or public performance in
any case where the conduct or operation thereof is attempted without
first obtaining a license as provided in this chapter.
[Amended 4-5-1993 by Ord.
No. 1-93]
A.
Any person who shall engage in any performance or business, a license
for which is required under the provisions of this chapter, without
first having obtained such license and paying the applicable license
fee, if any, or who shall engage in such performance or business after
the license for the same has been revoked shall pay a fine of not
less than $5 nor more than $600 for each day's or each performance's
violation thereof and, in addition thereto, shall pay the applicable
license fee, to be collected by summary proceedings before the Mayor
or any Justice of the Peace of the Borough of Boyertown, together
with costs, as other fees and penalties are now or hereafter by law
collectible and, in default of payment thereof, shall undergo imprisonment
in the Borough lockup or the Berks County Prison for a period not
exceeding 10 days for each offense. Each day or performance without
a license shall constitute a separate offense.
B.
Any person who is required to file a statement under oath under the provisions of § 118-3G or 118-4 of this chapter who willfully fails to file the same or any person who willfully makes any false or untrue statement to the Licensing Officer in connection with information required to be given to the Licensing Officer under any of the provisions of this chapter shall pay a fine of not more than $600, to be collected by summary proceedings before the Mayor or any Justice of the Peace of the Borough of Boyertown, together with costs, as other fines and penalties are now or hereafter collectible by law and, in default of the payment thereof, shall undergo imprisonment in the Borough lockup or the Berks County Prison for a period not exceeding 30 days for each offense.
